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MINUTES
April 16, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular meeting of April 16, 2024, of the City Council of the City of San Juan Capistrano to order at 5:05 p.m. Mayor Pro Tem Bourne led the Pledge of Allegiance and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem Troy Bourne, and Council Members Howard Hart, John Taylor, and John Campbell.
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. COMMISSIONER INTRODUCTION: None.
B2. CAPTAIN JUSTIN MONTANO RECOGNIZED AS ORANGE COUNTY
SHERIFF’S DEPARTMENT MANAGER OF THE YEAR
B3. ADRIANA MORA RECOGNIZED AS BOYS AND GIRLS CLUBS OF
CAPISTRANO VALLEY YOUTH OF THE YEAR
B4. PRESENTATION BY SANTA MARGARITA WATER DISTRICT
ORAL COMMUNICATIONS:
• Peter Van Nuys (provided a PowerPoint); Ehsan Khanaman, Laguna Niguel resident (provided a PowerPoint and handout); Larry Kramer, City resident; Steve Behmerwohld, City resident; and Dan Ignosa, San Clemente resident.
PUBLIC HEARINGS: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem Bourne, and carried unanimously to approve consent calendar items E1 through E3 and E5 through E12, as recommended by staff, with Council Member Taylor recused from E7 due to proximity to his resident.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
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E2. CITY COUNCIL MINUTES – SPECIAL AND TELEPHONIC MEETING (EXECUTIVE SESSION) OF APRIL 2, 2024, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR AND TELEPHONIC MEETING OF APRIL 2, 2024, APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 23, 2024, THROUGH MARCH 7, 2024, RECEIVED AND FILED (300.30)
Ben Siegel, City Manager, provided an agenda report and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried unanimously to received and file the check registers for the period from February 23, 2024, through March 7, 2024.
E5. CASH AND INVESTMENTS REPORT FOR THE MONTH ENDED
JANUARY 31, 2024, RECEIVED AND FILED (350.30)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (410.00)
E7. ORDINACE 1117 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS
SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23-002) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS ACCESSORY USES AND IN CONJUNCTION WITH A
PERMITTED OR CONDITIONALLY PERMITTED USE AND WITH BEER AND
WINE SERVICE WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE
HISTORIC COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE
BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC
RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID
ACTION IS CATEGORICALLY EXEMPT FROMCALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER STATE CEQAGUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREETLLC).” (420.25)
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Bourne, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
E8. ORDINANCE 1118 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 18-005) TO
CLARIFY THAT ALL THE CURRENT FARM OPERATIONS, ACTIVITIES AND
STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE
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PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A FINDING THAT SAID ACTION IS CATEGORICALLY
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER).” (420.25) E9. CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES
FOR PROGRAM AND CONSTRUCTION MANAGEMENT SERVICES FOR
CONSTRUCTION OF THE NEW CITY HALL AND CITY COUNCIL CHAMBER RELOCATION; AND PROPOSED ACTION FOUND IS STATUTORILY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO GOVERNMENT CODE SECTION 65583.2 (H) AND (I) (600.30) E10. RESOLUTION 24-04-16-01 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024-2025 WITHIN EXISTING LANDSCAPE MAINTENANCE
DISTRICTS PURSUANT TO THE LANDSCAPING AND LIGHTING
MAINTENANCE ACT OF 1972, AND OPEN SPACE MAINTENANCE
DISTRICTS UNDER THE OPEN SPACE MAINTENANCE ACT, APPOINTING
THE ENGINEER OF WORK, AND ORDERING THE PREPARATION OF THE ENGINEER’S REPORT;” RESOLUTION 24-04-16-02 ADOPTED ENTITLED “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
WITHIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024-2025
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA, RESPECTIVELY, SETTING A TIME AND
PLACE FOR THE PUBLIC HEARING THEREON, AND MAKING CERTAIN FINDINGS AND TAKING OTHER ACTIONS RELATING THERETO;” AND
PROPOSED ACTIONS FOUND EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE
COMMONSENSE EXEMPTION UNDER STATE CEQA GUIDELINES,
SECTION 15061(B)(3). (345.20)
E11. CITY MANAGER AUTHORIZED TO ACCEPT A PERMANENT EASEMENT FROM ST. MARGARET OF SCOTLAND EPISCOPAL SCHOOL FOR TRAFFIC SIGNAL INSTALLATION PURPOSES; AND PROPOSED ACTION FOUND
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, EXISTING FACILITIES. (670.50) E12. REQUEST FROM THE RIDLAND GROUP FOR INTERMITTENT EQUESTRIAN TRAILER PARKING ON A 2.4-ACRE PORTION OF CITY-OWNED PROPERTY
ADJACENT TO REATA PARK IN SUPPORT OF EQUESTRIAN EVENTS AT
THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO 4 4/16/2024
FOR THE 2024 EQUESTRIAN SHOW SEASON, APPROVED; AND STAFF
AUTHORIZED TO DISCONTINUE TRAILER PARKING WITH THIRTY DAY NOTICE TO THE RIDLAND GROUP, IF NECESSARY (600.30)
ADMINISTRATIVE ITEMS:
F1a. PRELIMINARY DEVELOPMENT REVIEW CONDUCTED OF A PROPOSED CHIPOTLE MEXICAN GRILL RESTAURANT WITH A MOBILE ORDER DRIVETHROUGH PICK-UP WINDOW AT 31787 DEL OBISPO STREET TO
ACQUAINT THE APPLICANT WITH ZONING REQUIREMENTS, APPLICABLE
POLICIES AND PROCEDURES, STANDARDS, DESIGN GUIDELINES, AND
TO IDENTIFY ANY SIGNIFICANT DEVELOPMENT OPPORTUNITIES OR
CONSTRAINTS ON THE PROJECT SITE BEFORE THE CITY PROCEEDS WITH FORMAL REVIEW OF THE PROPOSED PROJECT (460.70)
Paul Garcia, Principal Planner, provided a PowerPoint presentation and responded to questions. Joel Rojas, Development Services Director, responded to questions.
• Public Comments: Bryan Bauer, Director of Development and Applicant; and Paul Groh, Design Manager and Applicant.
Council Action: Moved by Council Member Campbell, seconded by Council Member Taylor, and carried unanimously to conduct a preliminary development review of a proposed Chipotle Mexican Grill restaurant with a mobile order drivethrough pick-up window at 31787 Del Obispo Street to acquaint the applicant with zoning requirements, applicable policies and procedures, standards, design guidelines, and to identify any significant development opportunities or constraints on the project site before the City proceeds with formal review of the proposed project.
F1b. A FINDING FOR PUBLIC CONVENIENCE OR NECESSITY (PCN) AS
REQUIRED BY THE CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL TO ALLOW THE SALE OF ALCOHOL WITH A TYPE 48
LICENSE FOR ON AND OFF PREMISES CONSUMPTION IN ASSOCIATION WITH A PRIVATE CIGAR LOUNGE AND BAR, TO BE LOCATED AT 27129 CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER: 666-131-17);
AND, FINDING THAT SAID ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301, CLASS 1 (EXISTING FACILITIES) (APPLICANT: WINSTON’S CIGAR LOUNGE AND BAR), DENIED (585.15) • Public Correspondence: Kristen Jones, City business owner (submitted 2 correspondences).
Justin Poley, Associate Planner, provided a PowerPoint presentation and responded to questions. Joel Rojas, Development Services Director, responded to questions.
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• Public Comments: Kristen Jones, City business owner.
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Hart and carried 3-2 with Mayor Farias and Council Member Campbell opposed to deny a finding for a public convenience or necessity (PCN) as required by the California Department of Alcoholic Beverage Control to allow the sale of alcohol with a Type 48 License for on and off premises consumption in association with a private cigar lounge and bar, to be Located at 27129 Calle Arroyo, Suite 1803 (Assessor Parcel Number: 666-131-17); and, finding that said action is exempt from the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities) (Applicant: Winston’s Cigar Lounge and Bar).
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Mayor Farias recognized staff for their work with Tesla.
CITY MANAGER REPORT: Ben Siegel, City Manager, recognized Sargent Jon Larson for his services to the City and welcomed Sargent Nick Ross.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:00 p.m. to Tuesday, May 7, 2024, at 3:00 p.m. for an Executive Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber at the Nydegger Building – 31421 La Matanza Street.
Respectfully submitted,
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CHRISTY JAKL, ACTING CITY CLERK
Approved: May 7, 2024
ATTEST:
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SERGIO FARIAS, MAYOR