MINUTES •
March 15, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of March 15, 2022, of the City Council of the City of San Juan Capistrano to order at 5:20 p.m. Council Member Bourne led the Pledge of Allegiance and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart, and Council Members Troy Bourne (left the meeting at 7:15 p.m.), Sergio Farias, and John Taylor.
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the minutes' reader but were not necessarily heard in that order.
INTRODUCTIONS:
B1. MAYOR PRO TEM HART INTRODUCED: Anna Dickinson; Outural Heritage:! Commission; and Ted Rosenfeldt, Parks, Equestrian and Community Services Commission.
B2. BENJAMIN SIEGEL, CITY MANAGER INTRODUCED THE NEW CHIEF OF POLICE SERVICES JUSTIN MONTANO.
B3. ELTON RICKETTS RECOGNIZED AS DEPUTY OF THE YEAR
B4. ORANGE COUNTY FINANCE TRUST PROVIDED A PRESENTATION ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 22-03-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO ALLOW
FOR THE EXPANSION OF AN ACCESSORY USE TO A FOOD
ESTABLISHMENT WITHIN THE LOS RIOS SPECIFIC PLAN LOCATED AT 31752 LOS RIOS STREET, (ASSESSOR PARCEL NUMBER 121-141-23)
(APPLICANT: PHILLIP SCHWARTZE, PRS GROUP.) (440.25)
• Public Correspondence: Due to the high volume of correspondence received, correspondence is kept in the City Clerk's office and is also available on the City's website.
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Council Member Taylor recused himself and left the Council Chamber.
Sergio Klotz, Development Services Assistant Director, provided a PowerPoint presentation and responded to questions.
Mayor Reeve opened the public hearing.
• Public Testimony: Phil Schwartze, PRS Group and applicant; Nicola, the Tea HouSe; Lisa Diaz, Hy chindent, David Hutchins, City resident; City resident; Stephen Rios, City resident; Dave Davidson, City resident; Anna Dickinson, City resident; Carlos Camarena, Cident. City resident; Iraj Douraghi, City resident; Steve Behmerwohld, City resident; Damion Orozco, City resident; Harrison Taylor, City resident; John Taylor, City resident; Monica Mukai, City resident; and, Jacque Nunez, City resident.
Mayor Reeve closed the public hearing.
Mayor Pro Tem Hart made a motion, seconded by Mayor Reeve to approve the Accessory Use Permit (AUP) 21-002, modifying the conditions relating to the sale and services of alcoholic beverages to Sunday through Wednesday ending at 5:00 p.m., Thursday through Saturday ending by 9:30 p.m., but motion failed due to substitute motion.
Council Member Farias made a motion, seconded by Mayor Pro Tem Hart to approve the Accessory Use Permit (AUP) 21-002, modifying the conditions relating to the sale and services of alcoholic beverages ending by 10:00 p.m. with last call for alcohol beverage service at 9:00 p.m.; and provision to bring back the AUP for review after 24 months, but motion failed due to approved substitute motion.
Substitute Counci Action: Moved by Council Member Bourne, seconded by Council Mayor Pro Tem Hart, and carried 4-0 with Council Member Taylor recused to adopt RESOLUTION NO. 22-03-15-01 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO ALLOW
FOR THE EXPANSION OF AN ACCESSORY USE TO A FOOD
ESTABLISHMENT WITHIN THE LOS RIOS SPECIFIC PLAN LOCATED AT 31752 LOS RIOS STREET, (ASSESSOR PARCEL NUMBER 121-141-23)
(APPLICANT: PHILLIP SCHWARTZE, PRS GROUP.);" modifying the conditions relating to the sale and services of alcoholic beverages to Sunday through Wednesday ending at 5:00 p.m., Thursday through Saturday ending by 9:30 p.m.; and, the term of this AUP shall be for twenty-four (24) months from the date of issuance (March 15, 2022). City staff will conduct a review of the Accessory Use Permit to determine compliance with all conditions of approval and provide a compliance report to the City Council prior to the conclusion of the 24-month term.
Upon review of the compliance report, the City Council may, without the need for a new application from the Applicant or additional Cultural Heritage Commission 2 3/15/2022
review or recommendation, extend this AUP for an additional time period as determined by the City Council upon making the findings required for the issuance of an Accessory Use Permit, approved.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Taylor
D2. RESOLUTION NO. 22-03-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO ALLOW
FOR THE EXPANSION OF AN ACCESSORY USE TO A FOOD
ESTABLISHMENT WITHIN THE LOS RIOS SPECIFIC PLAN LOCATED AT 31731 LOS RIOS STREET, (ASSESSOR PARCEL NUMBER 121-143-15 AND 16) (APPLICANT: PHILLIP SCHWARTZE, PRS GROUP.) (440.25)
• Public Correspondence: Due to the high volume of correspondence received, correspondence is kept in the City Clerk's office and is also available on the City's website.
Council Member Taylor recused himself and left the Council Chamber.
Sergio Klotz, Development Services Assistant Director, provided a PowerPoint presentation and responded to questions.
Mayor Reeve opened the public hearing.
• Public Testimony: Phil Schwartze, PRS Group and applicant; John Humphreys, Ramos House; David Hutchins, City resident; Allan Nicola, The Tea House; Lisa Diaz, City resident; Tiana Rios, City resident; Stephen Rios, City resident; Dave Davidson, City resident; Anna Dickinson, City resident; Carlos Camarena, City resident; Iraj Douraghi, City resident; Steve Behmerwohld, City resident; Damion Orozco, City resident; Harrison Taylor, City resident; John Taylor, City resident; Monica Mukai, City resident; and, Jacque Nunez, City resident.
Mayor Reeve closed the public hearing.
Mayor Pro Tem Hart made a motion, seconded by Mayor Reeve to approve the Accessory Use Permit (AUP) 21-001, modifying the conditions relating to the sale and services of alcoholic beverages to Sunday through Wednesday ending at 5:00 p.m., Thursday through Saturday ending by 9:30 p.m., but motion failed due to 3 3/15/2022
Council Member Farias made a motion, seconded by Mayor Pro Tem Hart to approve the Accessory Use Permit (AUP) 21-001, modifying the conditions relating to the sale and services of alcoholic beverages ending by 10:00 p.m. with last call for alcohol beverage service at 9:00 p.m.; and provision to bring back the AUP for review after 24 months, but motion failed due to approved substitute motion.
Substitute Council Action: Moved by Council Member Bourne, seconded by Council Mayor Pro Tem Hart, and carried 4-0 with Council Member Taylor recused to adopt RESOLUTION NO. 22-03-15-02 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVING A PROPOSAL TO ALLOW
FOR THE EXPANSION OF AN ACCESSORY USE TO A FOOD
ESTABLISHMENT WITHIN THE LOS RIOS SPECIFIC PLAN LOCATED AT 31731 LOS RIOS STREET, (ASSESSOR PARCEL NUMBER 121-143-15 AND 16) (APPLICANT: PHILLIP SCHWARTZE, PRS GROUP.); modifying the conditions relating to the sale and services of alcoholic beverages to Sunday through Wednesday ending at 5:00 p.m., Thursday through Saturday ending by 9:30 p.m.; and, the term of this AUP shall be for twenty-four (24) months from the date of issuance (March 15, 2022). City staff to conduct a review of the Accessory Use Permit to determine compliance with all conditions of approval and provide a compliance report to the City Council prior to the conclusion of the 24-month term.
Upon review of the compliance report, the City Council may, without the need for a new application from the Applicant or additional Cultural Heritage Commission review or recommendation, extend this AUP for an additional time period as determined by the City Council upon making the findings required for the issuance of an Accessory Use Permit.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Taylor
CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to approve consent calendar items E1 through E7 and E9 through E11 and E13, as recommended by staff, with Mayor Reeve abstaining from consent calendar item E4 and opposed to consent calendar E10.
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
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E2. MOTION FINDING THAT CONDUCTING TELEPHONICVIRTUAL MEETINGS
FOR CLOSED SESSION AND REGULAR MEETINGS AS ALLOWED PER
ASSEMBLY BILL 361, PROMOTES SOCIAL DISTACING DURING THE COVID-19 PANDEMIC, APPROVED
E3. CITY COUNCIL MINUTES - SPECIAL MEETING OF MARCH 1, 2022 (EXECUTIVE SESSION), APPROVED
E4. CITY COUNCIL MINUTES - REGULAR MEETING OF MARCH 1, 2022,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
ABSTAINED: COUNCIL MEMBERS: Mayor Reeve
E5. CITY COUNCIL MINUTES - ADJOURNED REGULAR MEETING OF MARCH 7, 2022, APPROVED
E6. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 11, 2022, TO FEBRUARY 24, 2022, RECEIVED AND FILED (300.30)
E7. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
DECEMBER 31, 2021, RECEIVED AND FILED (350.30)
E8. FISCAL YEAR 2021-22 SECOND QUARTER FINANCIAL REPORT, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY'S
OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS,
APPROVED (330.20)
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to receive and file the Fiscal Year 2021-22 Second Quarter Financial Report; approve proposed udget adjustments (Attachment 5 to the agenda report) to the City operating ind capital improvement program budgets
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
•
NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10)
5 3/15/2022
E10. ORDINANCE NO.1096 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE SECTIONS
2-4.301 THROUGH 2-4.304 REGARDING BY-DISTRICT LECTIONS,
ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS
AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP" (630.40)
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: Mayor Reeve
ABSENT: COUNCIL MEMBERS: Bourne
E11. CITY MANAGER AUTHORIZED TO APPROVE A FACILITY USE PERMIT FOR MARCH 26, 2022, FOR A "BREW HA HA" FIELD TRIP FEST EVENT; AND
TEMPORARY VARIATIONS TO THE PARK RULES AND REGULATIONS TO ACCOMMODATE THE EVENT, APPROVED (430.30)
E12. RESOLUTION NO. 22-03-15-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING ANYTIME, EXCEPT FOR LOADING AND UNLOADING OF PASSENGERS BETWEEN 7:00 AM - 9:00 AM, AND BETWEEN 2:00 PM - 4:00 PM, ON SCHOOL DAYS" PARKING RESTRICTIONS ON A PORTION OF CALLE ARROYO" (570.30)
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Farias, and carried 4-0 with Council Member Bourne absent to adopt RESOLUTION NO. 22-03-15-03 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING ANYTIME, EXCEPT FOR LOADING AND UNLOADING OF PASSENGERS BETWEEN 7:00 AM - 9:00 AM, AND
BETWEEN 2:00 PM - 4:00 PM, ON SCHOOL DAYS" PARKING
RESTRICTIONS ON A PORTION OF CALLE ARROYO."
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
E13. CITY'S HOUSING ELEMENT PROGRESS REPORT FOR 2021, RECEIVED AND FILED; AND STAFF AUTHORIZED TO SUBMIT THE REPORT TO THE STATE (440.20)
3/15/2022
ADMINISTRATIVE ITEMS:
F1. DEVELOPMENT SERVICES
a. URGENCY ORDINANCE NO. 1097 ADOPTED ENTITLED "AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AMENDING THE CITY'S LAND USE CODE REGULATING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS TO ENSURE CONSISTENCY WITH STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA"; INITIATION OF A CODE AMENDMENT (CA 22-001) TO ADOPT A NON-URGENCY ORDINANCE TO AMEND SECTION 9-3.501.1 (ACCESSORY DWELLING UNITS) OF TITLE 9 OF THE CITY'S MUNICIPAL CODE TO MAKE THE CITY'S REGULATIONS
THAT GOVERN ACCESSORY DWELLING UNITS WITH STATE
REGULATIONS; AND, SAID ACTIONS ARE EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER PUBLIC
RESOURCES CODE SECTION 21080.17 (STATUTORY EXEMPTION FOR
ORDINANCE RELATED TO ACCESSORY DWELLING UNITS), APPROVED (430.30)
Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions.
Christy Jakl, Assistant City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to adopt.URGENCY:..
ORDINANCE 1097 entitled "AN URGENCY ORDINÄNCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING THE
CITY'S LAND USE CODE REGULATING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA"; approve initiation of a Code amendment (CA 22-001) to adopt a Non-Urgency Ordinance to amend Section 9-3.501.1 (Accessory Dwelling Units) of Title 9 of the City's Municipal Code to make the City's regulations that govern Accessory Dwelling Units with state regulations: and approve that said actions re exempt from review under the California Environmental Quality Act unde ublic Resources Code section 21080.17 (statutory exemption for ordinance ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
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SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT:
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 7:38 p.m. to Tuesday, April 5, 2022, at 5:00 p.m. for an Adjourned Regular Meeting, in the City Council Chamber.
Respectfully submitted,
CHRISTYJAKL, ASSISTANT CITY CLERK
Approved: April 5, 2022
ATTEST:
8 3/15/2022