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,
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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
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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.
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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.
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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.
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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.
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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:
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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:
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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.
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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
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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
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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.
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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.
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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:
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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,
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