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00-0104_CC_Minutes_Regular Meeting355 JANUARY 4, 2000 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION L610.85 - None RECESS UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor Campbell. ROLL CALL: PRESENT: Collene Campbell, Mayor Gil Jones, Council Member John Greiner, Council Member David M. Swerdlin, Council Member ABSENT: Wyatt Hart, Mayor pro tem STAFF PRESENT. George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Amy Amirani, Public Works Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None INTRODUCTION PRESENTATIONS AND DONATIONS 1. PRESENTATION BY TRAUMA INTERVENTION PROGRAMS TO SHERIFF'S DEPUTY PAUL WADE AND FIRE CAPTAIN CRAIG CASEY (610.40 Written Communications: Report dated January 4, 2000, from the Community Liaison, advising that Sheriffs Deputy Paul Wade and Fire Captain Craig Casey were both to be publ'10y acknowledged by the Trauma Intervention Programs with a Good Samaritan Award for the care they had shown in delicate situations. Deputy Wade and Captain Casey were present to receive the 1999 Good Samaritan Awards from Sandy Hill, TIP Community Relations Manager. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Swerdlin introduced the following persons in attendance: Joanne deGuevara and Marie Buckner, Housing Advisory Committee; Bill Hardy and Don Tryon, City Council Minutes -1- 114100 356 Cultural Heritage Commission; Ed Johnson, Planning Commission; Al and June Simmons; and former Mayor Philip Schwartze. ORAL COMMUNICATIONS {CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY] None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Greiner, 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 Jones, Greiner, Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of November 16, 1999, and the Minutes of the Regular Meeting of December 7, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF NOVEMBER 18 1999 DECEMBER 2 1999 AND DECEMBER 16 1999 300.30 The List of Demands dated November 18, 1999, in the total amount of $1,065,699.63; the List of Demands dated December 2,1999, in the total amount of $1,053,936.68; and the List of Demands dated December 16, 1999, in the total amount of $1,066,479.87, were ordered received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MONTH ENDING OCTOBER 30 1999 330.50 The City Treasurer's Report of Cash Balances by Fund for the month ending October 30, 1999, was ordered received and filed. 5. APPROVAL OF LICENSE AGREEMENT TO ACCOMMODATE THE WASTE WATER OUTPUT OF THE GATEWAY COMMUNITY CHURCH MOULTON NIGUEL WATER DISTRICT 600.50 As set forth in the Report dated January 4, 2000, from the Engineering and Building Director, the License Agreement for a sewer connection between Moulton Niguel Water District and the City of San Juan Capistrano was approved to allow the property at City Council Minutes -2- 114100 357 29552 Rancho Viejo Road to dispose of its sewage output into the Moulton Niguel Water District sewer system. The Mayor and City Clerk were authorized to execute the License Agreement. The City Clerk was directed to forward the License Agreement to the County Recorder for recordation. 6. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS 440.10 The Report dated January 4, 2000, from the Planning Director, advising that eight new applications had been received since the last Report on November 16, 1999, was ordered received and filed. 7. APPROVAL OF EXPANDING PLAN CHECK DESIGN AND GEOTECHNICAL CONSULTANT LIST TO INCLUDE THREE ADDITIONAL FIRMS (KFM ENGINEERS/ COTTON SHIRES AND ASSOCIATES INC./ DAVID H. LEE AND ASSOCIATES)(600.30) As set forth in the Report dated January 4, 2000, from the Engineering and Building Director, the Consultant Agreements of KFM Engineers, Cotton, Shires and Associates, Inc., and David H. Lee and Associates, Inc., were approved for inclusion on the City's plan check, design and geotechnical team. 8. AUTHORIZATION TO UPGRADE ADMINISTRATIVE SECRETARY POSITION TO AN ADMINISTRATIVE ASSISTANT POSITION (700.20) As set forth in the Report dated January 4, 2000, from the City Manager, the upgrade of the position of Administrative Secretary to Administrative Assistant in the Engineering and Building Department was authorized. 9. ADOPTION OF RESOLUTION APPROVING DISABLED PARKING SPACE ON PASEO SANTA CLARA EAST OF AVENIDA DE LA VISTA 570.30 As set forth in the Report dated January 4, 2000, from the Engineering and Building Director, the following Resolution approving installation of a disabled parking space as an indefinite, temporary conditions as long as specified criteria were met, was adopted: RESOLUTION NO.00-1-4-1 ESTABLISHING A"DISABLED PARKING" ZONE -SOUTH SIDE OF PASEO SANTA CLARA EAST FROM AVENIDA DE LA VISTA -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "DISABLED PARKING" ZONE ON THE SOUTH SIDE OF PASEO SANTA CLARA EAST OF AVENIDA DE LA VISTA 10. RECEIVE AND FILE INVESTMENTS_ FOR MONTHS ENDING OCTOBER 31- 1999 AND NOVEMBER 30. 1999 (350.30) The City Treasurer's Report of Investments for Months ending October 31, 1999 and November 30, 1999, was ordered received and filed. City Council Minutes -3- 114/00 358 The following item was removed from the Consent Calendar at the request of Staff: AWARD OF BID - WATER DIVISION MATERIALS AND SUPPLIES (SCHLUMBERGER BADGER METERS, MARDEN SUSCO, S&J SUPPLY WELLS SUPPLY AND WESTBOURNE)(370.20) Written Communications: Report dated January 4, 2000, from the Public Works Director, advising that a bid list of approved vendors would become the City's official list for ordering specific water division materials and supplies. Staff recommended that the list of approved vendors be maintained for three years and that prices be annually updated by each vendor. Amy Amirani, Public Works Director, made an oral presentation, advising that S&J Supply should have been Included on the list of approved vendors. Aaaroval of Award of Bid: It was moved by Council Member Jones and seconded by Council Member Swerdlin and unanimously carried that bids be awarded for meters and meter boxes; pipes and fittings; and valves, hydrants and pumps, as recommended, to Schlumberger and Badger Meters, Marden Susco, Wells Supply, S&J Supply and Westburne. PUBLIC HEARINGS Stating a potential conflict of interest, Council Member Jones abstained from the following item. APPROVAL OF TENTATIVE TRACT MAP 15701 AN EIGHT -LOT RESIDENTIAL DEVELOPMENT AT THE SOUTHWEST CORNER OF DEL OBISPO STREET AND CALLE ASPERO (ROMERISTONEFIELD DEVELOPMENT) (420.40) Proposal: Consideration of Tentative Tract Map 15701, a proposed eight -lot residential subdivision on an existing 3.24 -acre parcel located at the southwest corner of Del Obispo Street and Calle Aspero. The project site is designated 1.3 Medium -Low Density Residential (3.5 dwelling units per acre) on the General Plan and is also zoned RS, single family residential. Apglicant: Stonefield Development, Arthur McCaul, Director, 23333 Avenida la Caza, Coto de Caza, CA 92679 Property Owner: Carlos Romer, 32101 Del Obispo Street, San Juan Capistrano, CA 92675 Written Communications: 1. Report dated January 4, 2000, from the Planning Director, providing background information and recommending approval. City Council Minutes -4- 114100 359 2. Memoranda dated January 4, 2000, from the Engineering and Building Director, and from the Planning Director advising that representatives of Stonefleld Development had advised that they would protest the requirement to underground the utilities along Del Obispo Street, in which case staff would request a continuance of the Hearing to allow time for additional research. The Tentative Tract Map and public improvement plans for Del Obispo Street were on display. William Ramsey, Principal Planner, discussed issues relating to the project, including the historic structure, the retaining walls and tree preservation. He advised that the Cultural Heritage Commission had determined that the structure was not historically significant so as to require preservation in site and had approved a demolition permit subject to submittal of plans and a photographic biography of the house. He reviewed the proposed retaining walls along Del Obispo Street and Calle Aspero, including the timing for their construction; and, conditions included to require preservation of certain trees on site and the construction of tree wells to assure protection of trees on adjoining property. He advised that the undergrounding of utilities had become an outstanding issue; that while there was concurrence on most points in a previous Settlement Agreement with Carlos Romer, property owner, the City staff and the subdivider differed on whether the Agreement included a requirement that the City assume full responsibility for undergrounding utilities along Del Obispo. Applicant's Presentation: Arthur McCaul, Director of Stonefield Development, 23333 Avenida La Caza, Coto de Caza, requested that the City Council reconsider Condition #28, leaving the condition as approved by the Planning Commission to allow the retaining wall to be situated within the public right-of-way. He stated that in consideration of the concessions they had made, they would like for the City to pay for the retaining wall should be it constructed on their property. He noted the differences regarding the undergrounding of utilities, but stressed their desire to move forward with the project. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing and the following persons responded: (1) Jerry Jacobsen, 31741 Peppertree Bend, stated that retaining walls did not belong in San Juan Capistrano and requested re -grading of the lots to allow for slopes that could be landscaped. (2) Patrick Crowley, 26211 Calle Aspero, felt the density of this project was too high. He discussed his issues relating to keeping the retaining wall on private property; assuring the height of the retaining wall and grading of the slopes were adhered to, as well as the standards for grading, noise, dust and hours of operation; and, stated that alcoves would be necessary to preserve the trees along Calle Aspero. There being no further response, Mayor Campbell closed the hearing with the right to re -open at any time. City Council Minutes -5- 114/00 360 Approval of Tentative Map: It was moved by Council Member Swerdlin and seconded by Council Member Greiner that the following Resolution be adopted approving a Mitigated Negative Declaration; and approving the proposed project: RESOLUTION NO. 00-1-4-2, APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE TRACT MAP 15701 (ROMER/STONEFIELD DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVINGA MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15701, AN EIGHT -LOT TENTATIVE TRACT MAP FOR A 3.24 -ACRE PARCEL LOCATED AT 32101 DEL OBISPO STREET (ROMER/STONEFIELD DEVELOPMENT) The motion carried by the following vote: AYES: Council Members Greiner and Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart ABSTAIN: Council Member Jones 2. DENIAL OF REZONE 99-01 AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 78-1 TO ADD DRIVE-IN AND DRIVE-THRU RESTAURANTS AS CONDITIONALLY PERMITTED USES ON PAD N ORTEGA BUSINESS CENTER/BRAVO BURGER 460.20 Proposal: Consideration of Rezone 99-01, an amendment to Comprehensive Development Plan 78-1 to add drive-in and drive-thru restaurants as conditionally permitted uses on Pad N of the Ortega Business Center. Approval of the rezone would shift the principle permitted use from Pad K to Pad N as a conditional use. The proposed project consists of a 2,350 -square -foot Bravo Burger fast food restaurant, with an 800 -square -foot outdoor dining patio and internal circulation drive-thru on Pad N of the Ortega Business Center. Applicant: The Bergman Companies, 13475 Seminole Drive, Chino, CA 91710 Property Owner: Angelos Theodossis, 24732 Queens Ct., Laguna Niguel, CA 92677 Written Communications: 1. Reportdated January4, 2000, from the Planning Director, providing background information and analyzing traffic and circulation impacts. City Council Minutes -6- 114100 361 2. Letter dated January 3, 2000, from Margaret Cogdell, Newco Management Company, LLC, c/o 31738 Rancho Viejo Road, Suite B, San Juan Capistrano, stating support for the Bravo Burger restaurant application. 3. Letter dated January 3, 2000, from r.A. Cogdell, 31131 Calle Del Campo, San Juan Capistrano, expressing supportforthe Bravo Burger restaurant application. The site plan and conceptual landscape planswere on display and Richard Greenbauer, Assistant Planner, made an oral presentation. He described the proposal in relation to the Ortega Planned Development regulations, and Ordinance 832, which provided for restaurants with drive-through facilities in specified areas of the City. He discussed traffic and circulation impacts, stating that a traffic generation rate study indicated that the proposed use would be a less intensive use than other principle permitted uses on that particular pad. He advised that the applicant had submitted plans to revise the internal circulation in an attempt to direct traffic to the northerly entrance of the Center. Applicant's Presentation: David Bergman, applicant, 13475 Seminole Drive, Chino, stated that a new internal circulation plan had been completed in order to improve circulation in the Center and allow for easier patron access. Mr. Bergman indicated that they had met the City's design standards and that they had agreed to pay their fair share of the future traffic signal improvements. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing and the following person responded: (1) Mark Nielsen, 31621 Via Quixote, expressed concern that another fast food and drive-thru restaurant was being added when enough existed. He urged rejection of the application. There being no further response, Mayor Campbell closed the hearing with the right to re -open at any time. Council Member Comments: Council Member Swerdlin stated that there had been a City-wide study performed that indicated under -performance of retail and food service businesses in the downtown area, and that the new General Plan emphasized supporting the downtown businesses. He expressed concern about the traffic congestion and poor circulation at this business center. Council Member Greiner stated his opposition to the proposed rezone and indicated his intent to request consideration of regulations prohibiting any more restaurants with drive through facilities in this City. Denial of Rezone: It was moved by Council Member Swerdlin and seconded by Council Member Jones that the rezone application be denied: The motion carried by the following vote: City Council Minutes -7- 114100 362 AYES: Council Members Jones, Greiner and Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart With consensus of the City Council, Staff was directed to prepare a resolution initiating a rezoning study to prohibit any further restaurants with drive-thru facilities. 3. ADOPTION OF A RESOLUTION VACATING A SLOPE AND DRAINAGE EASEMENT WITHIN PROPERTY LOCATED AT 28992 VIA ESCOLAR AND APPROVAL OF A LANDSCAPE MAINTENANCE AGREEMENT (WAYNE HELD/MISSION TIRE/SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR) (600.301670.50) Proposal: Consideration of a Resolution vacating a slope and drainage easement within property located at 28992 Via Escolar; and consideration of a Landscape Maintenance Agreement. Applicant: Wayne Held, 25301 New Haven, Lake Forest, CA 92630 Written Communications: Report dated January 4, 2000, from the Engineering and Building Director, advising that Wayne Held had requested that the City vacate a slope and drainage easement within his property located at the southeast corner of Via Escolar and Rancho Viejo Road. The easement had been granted by Mr. Held to the Transportation Corridor Agency to accommodate construction of the San Joaquin Hills Transportation Corridor. The easement had been transferred to the City upon completion of the Corridor. Mr. Held had agreed to reimburse the City $4,000 for the easement, and to enter into a Landscape Maintenance Agreement for maintenance of the adjacent parkway. Public Hearin: Notice having been given as required by law, Mayor Campbell opened the public hearing and there being no response, closed the hearing with the right to re -open at any time. Adoption of Resolution: It was moved by Council Member Jones and seconded by Council Member Swerdlin that the following Resolution be adopted vacating the easement and approving the Landscape Maintenance Agreement: City Council Minutes -8- 114100 363 RESOLUTION NO. 00-1-4-3, APPROVING VACATION OF AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES (28992 VIA ESCOLAR/HELDIMISSION TIRE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATINGAN EASEMENT FOR SLOPEAND DRAINAGE PURPOSES AND APPROVING A LANDSCAPE MAINTENANCE AGREEMENT FOR PROPERTY WITHIN AND ADJACENT TO 28992 VIA ESCOLAR, SAN JUAN CAPISTRANO, ASSESSOR PARCEL NO. 650-011-32 (WAYNE HELD/MISSION TIRE) The motion carried by the following vote: AYES: Council Members Jones, Greiner and Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart 4. APPROVAL OF REVOCATION OF INTERIM URGENCY ORDINANCE NO. 838 440.25 Proposal: Hearing held to consider revocation of Interim Urgency Ordinance No. 838, which suspended the processing of certain development applications while the City conducted a comprehensive review of the City's General Plan. The updated General Plan had been adopted by Council on December 12, 1999. Applicant: City of San Juan Capistrano Written Communications: Report dated January 4, 2000, from the Planning Director, advising that upon adoption of the revised General Plan, Staff was to schedule a hearing to consider an ordinance action to revoke its provisions. Thomas Tomlinson, Planning Director, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing and the following person responded: (1) Mark Nielsen, 31621 Via Quixote, noted that it was less than 30 days since adoption of the General Plan update, and there were a number of issues related to implementation of the General Plan. He questioned whether it was advisable to take this action at this time. There being no further response, Mayor Campbell closed the hearing with the right to re -open at any time. City Council Minutes -9- 114/00 364 Introduction 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 Swerdlin and seconded by Council Member Jones that the following Ordinance be introduced revoking the provisions of Interim Urgency Ordinance No. 838 which suspended the processing of certain development applications during a review and update of the General Plan: REVOKING INTERIM URGENCY ORDINANCE NO. 838 - AN ORDINANCE OF THE CIT`,' OF SAN JUAN CAPISTRANO, CALIFORNIA, REVOKING URGENCY ORDINANCE NO. 838 WHICH SUSPENDED THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO COMPLETE A REVIEW AND UPDATE OF THE GENERAL PLAN The motion carried by the following vote: AYES: Council Members Jones, Greiner and Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart Staff was directed to agendize an item for review of the General Plan language to assure that it defined the correct tone for future decision -makers and that it reflected the Council/community views of ridgelines, circulation, land use, etc. RECESS AND RECONVENE Council recessed at 8:17 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:35 p.m. ADMINISTRATIVE ITEMS CITY MANAGER Stating a conflict of interest due to proximity of his residence/business, Council Member Jones abstained from the following item. APPROVAL OF FIRST AMENDMENT TO CURATOR AGREEMENT FOR MONTANEZ ADOBE CAPISTRANO CORNERSTONE 600.30 Written Communications: Report dated January 4, 2000, from the Principal Management Analyst, advising that on September 21, 1999, the City entered into an agreement with Capistrano Cornerstone, Inc., for curatorship of the Montanez Adobe. Upon review of the agreement by Staff, it became apparent that the provision requiring the City to purchase City Council Minutes -10- 114100 365 insurance was redundant with the City's self insurance, Joint Powers Insurance Authority (JPIA) Coverage. George Scarborough, City Manager, made an oral presentation. Approval of First Amendment: It was moved by Council Member Swerdlin and seconded by Council Member Greiner and carried with Council Member Jones abstaining and Council Member Hart absent, that the First Amendment to the Curator Agreement for the Montanez Adobe eliminating the City's obligation to purchase additional insurance coverage be approved. 2. APPROVAL OF AMENDMENT TO SECTION 6-3.10 OF THE MUNICIPAL CODE RELATING TO ILLEGAL DISPOSING OF SOLID WASTE 810.80 Written Communications: Report dated January 4, 2000, from the Principal Management Analyst, advising that the City's current Municipal Code did not have provisions to address illegal dumping in commercial dumpsters by unauthorized persons. In order to curtail this activity, reduce disposal costs to City businesses and to better control the municipal solid waste stream, Staff recommended approval of the proposed amendment to the Solid Waste Ordinance. George Scarborough, City Manager, made an oral presentation. Public Input: Ted Kipp, 35441 Camino Capistrano, Capistrano Beach, spoke in support of the proposed Ordinance. Introduction 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 Jones and seconded by Council Member Swerdlin that the following Ordinance be introduced prohibiting illegal dumping in commercial dumpsters by unauthorized persons: AMENDING TITLE 6 OF THE MUNICIPAL CODE - MUNICIPAL SOLID WASTE COLLECTION LAW - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-3.10 OF THE MUNICIPAL CODE RELATING TO ILLEGAL DUMPING The motion carried by the following vote: AYES: Council Members Jones, Greiner and Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart City Council Minutes -11- 114100 366 PLANNING DIRECTOR Stating a conflict of interest due to proximity of residencelbusiness, Council Member Jones abstained from the following item. APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION'S OCTOBER 12. 1999 ACTION ON MODIFICATIONS TO SITE PLAN REVIEW 98-1 FOR PROPERTY LOCATED AT 31600 LOS RI.OS STREET (APPLE ROSE COTTAGE) (410.50 Property Owners & Appellants: Dona Helmick & Denise Miner, 31600 Los Rios Street, San Juan Capistrano, CA 92675 Written Communications: 1. Report dated January 4, 2000, from the Planning Director, advising that the owners and operators of the Apple Rose Cottage had requested approval of modifications to the previously -approved site plan. They had filed an appeal of two points of the Planning Commission's October 12, 1999, action relating to approval of their exterior lighting request subject to modifications, and denial of the use of the wood frame accessory building in the southwest corner of the lot for "woodworking shop" purposes. The Planning Commission had allowed reconstruction of the "tin accessory building," for use as a woodworking shop. William Ramsey, Principal Planner, made an oral presentation, outlining the appellants' original request to the Planning Commission for modifications to the previously - approved site plan. He advised that a noise impact assessment of the woodframe accessory building had been performed and staff had felt the power tools and equipment could be operated to comply with the Noise standards if the continuous duration of power tool use were time -restricted. Appellant's Presentation: Dona Helmick, 31600 Los Rios Street, stated that the lights were situated on her property to safely illuminate the walkway, the entrance and the parking area. As a widow living alone, Ms. Helmick noted that the lights were for her safety and security as well. With regard to noise from the woodframe shed, Ms. Helmick stated that she had made every modification suggested by the noise experts to mitigate any noise that might disturb her neighbors; i.e., installed a double fence, insulated the structure, covered the walls with plywood, moved the doors and carpeted the floors for sound- proofing. Ms. Helmick stated that she would like to use the tin shed; however, it would cost approximately $11,000 to make it useable. She advised that to remain in business she must make some of her products at her home, noting it was lawful to have a workshop on her property and to use the equipment if it did not violate noise standards. She further indicated they accepted staff recommendations except for the restriction on hours of operation, noted her desire that it be more in line with the County. She felt that use of the tin shed, which had been approved with only the addition of insulation, would be more noisy than the wood shed which had been sound -proofed. City Council Minutes -12- 1/4100 367 Noise Consultant's Presentation: Charles Terry, 321 Willowspring Drive, Encinitas, reviewed the noise analysis noting that the City regulations allowed the creation of noise louder than that specified if it was within a specified time period. He described how the noise measurements were taken; noting they were in excess of what would be experienced on the neighbor's property because he had not been allowed to access the neighbor's property to take the measurements. He advised that the tin shed was in very poor condition and was unsuitable in its present condition to be soundproofed. He felt the appellant's current operation would meet the City's noise regulations. Co -Appellant's Presentation: Denise Miner, 31141 Calle Bolero, stated that the Los Rios Precise Plan addressed lighting for public use only, not for private property, and required light fixtures to be wood or wrought iron construction. The lighting at Apple Rose Cottage was constructed of wrought iron. She discussed the purpose of the five lights at the business and stated that the design of their lights was similar to that which would have been used in the era in which the house was built. Public Comments: 1. Robert Miner, 31141 Calle Bolero, responded to Council Member Swerdlin and stated that their neighbor used power tools to overhaul automobiles and Ms. Helmick stated that the owner of the Lemon Drop Grove used power tools for furniture -making. Council Member Comments: Council Member Greiner expressed concern with commercialization of the Los Rios District and stated he did not support a manufacturing operation constructing items for sale on the property. He stated concern about the precedence of allowing manufacturing on the property. Mayor Campbell stated her support for the existing lighting at the Apple Rose Cottage. She further indicated that she had visited the site and listened to the noise of the power tools and felt the appeal should be approved. Council Member Swerdlin stated that while the Apple Rose Cottage was one of the nicest looking residences in the Los Rios District, he could not support approval of the woodworking shop due to concerns with further commercialization in the Los Rios District with respect to manufacturing. Council Member Swerdlin stated his support of the staff recommendation to deny the appeal of the revised lighting plan, stating he felt the carriage lighting was out of place in the District. He further stated concerns with glare from the parking lot lights at the Depot. Denial of Agpeal Relating to Lighting (Diedl: Council Member Swerdlin moved to deny the appeal relating to lighting. The motion died due to lack of a second. City Council Minutes -13- 114100 368 Approval of Armeal Relating to Lighting Plan: It was moved by Council Member Greiner and seconded by Mayor Campbell that the �- following Resolution approving the aspect of the appeal related to the requirement to submit a revised lighting plan be adopted: RESOLUTION NO. 00-1-4-4 APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION - SITE PLAN REVIEW 98-01 (LIGHTING PLANIAPPLEROSE COTTAGE) -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING COMMISSION CONDITION REQUIRING THE PREPARATION OF A REVISED LIGHTING PLAN ON PROPERTY LOCATED AT 31600 LOS RIOS STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-142-13 (MCKINLEY HOUSE/APPLEROSE COTTAGE) The motion carried by the following vote: AYES: Council Member Greiner and Mayor Campbell NOES: Council Member Swerdlin ABSENT: Council Member Hart ABSTAIN: Council Member Jones Denial of Armeal Relating to Woodworking Shop: It was moved by Council Member Swerdlin and seconded by Council Member Greiner that the following Resolution denying the aspect of the appeal related to the request to use an existing, wood -frame accessory building for "woodworking shop" purposes be adopted: RESOLUTION NO. 00-1-4-5, DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION - SITE PLAN REVIEW 98-01 WOODWORKING SHOPIAPPLEROSE COTTAGE -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO USE AN EXISTING, WOODFRAME ACCESSORY BUILDING FOR "WOODWORKING SHOP" PURPOSES ON PROPERTY LOCATED AT 31600 LOS RIOS STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-142-13 (MCKINLEY HOUSEIAPPLEROSE COTTAGE) The motion carried by the following vote: City Councii Minutes -14 114100 369 AYES: Council Members Greiner and Swerdlin NOES: Mayor Campbell ABSENT: Council Member Hart ABSTAIN: Council Member Jones Council Member Swerdlin requested that Staff review ways to shield parking lot lights at north Capistrano Depot lot. ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES - None COUNCIL COMMENTS Staff/Commission Commendation Council Member Greiner stated that the Staff and Commissions were doing a good job and that the Council's actions in opposition to recommendations were not a reflection on Staff or the Commissioners' work. Council Member Swerdlin stated concurred all the Commissions were doing a tremendous job. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:25 p.m. to the next regular meeting date of Tuesday, January 18, 2000, at 7:00 p.m. in the City Council Chamber. ATTEST: CAMFS-BELL, MAYOR Respectfully submitted, City Council Minutes -15- 114100