Oaks Development Not Headed for Ballot

A controversial open space swap that would usher in a housing development at The Oaks equestrian center won’t make it to the November ballot, the City Council decided Tuesday.

Shea Homes of Walnut, which has the right to build as many as 35 homes at 20.64-acre property along Ortega Highway, is proposing 29 as long as it can shift the current 10 acres of designated open space, which runs along the trail near San Juan Creek, to the east end of the property.

Under a provision passed by voters in 2008, such a move would require a citywide vote. Shea representatives were hoping to make the November ballot.

But several City Council members said they agreed with a and the sentiments of several residents who spoke during the two-hour-plus hearing that they wanted more details on the plans.

“I think the applicant has a better chance of getting the voters to approve this if the Planning Commission is behind it,” said Mayor Larry Kramer. “I think we should deny it, but without prejudice so the applicant could get bet busy getting all those things that the Planning Commission wants to see.”

Councilman Derek Reeve agreed. “Land use projects usually come to the council with one application with all the permits attached,” he said.

Grant Taylor, director of community development for the city, said the developer was trying to put the issue on the November general election ballot because the city would bear the costs. On the other hand, Shea would have to pay for a special election held on an off year.

To make it in time for the Nov. 6 election, Shea separated out the matter of the open space but has yet to submit details about how the tract would be laid out, what the homes would look like, environmental studies, traffic studies and grading plans, Taylor said.

Such omissions made some residents suspect.

A paltry gain of .34 acres of open space, as proposed in the open space swap, would be about the size of one lot or less, said former Mayor Mark Nielsen. He recommended the council wait until Shea returns with a “fully baked plan.”

Emily Bourke, who lives not far from the proposed development in the Mission Springs tract, presented a petition for which she quickly gathered 100 signatures in opposition.

“We are a real cross section of San Juan Capistrano. We’re here for one reason, united on this one issue. We’re concerned about open space for all,” she said. “Honorable council members, fellow citizens, wait. Slow down.”

Resident Dan Noell said the decision reminded him of statement made during Congress’s debate over Obamacare.

“What did someone famous in Washington say recently, ‘We’ll know more about it after we vote on it?’ We’re going to know about it after we vote on it,” Noell said.

Earlier in the evening, Bob Yoder, president of Shea’s Southern California division, touted the proposal’s benefits over allowing the property to be built under the city’s current zoning for the property.

By moving the open space portion to the east end of the property, it would preserve the equestrian facilities, including riding rings and a derby designed by Robert Jolicoeur of International Equestrian Design Montreal.

Preserving the equestrian facilities there would meld well with a park the city will soon develop to the east of the property, save more heritage trees and create an appealing entryway from visitors traveling Ortega Highway from the east, Yoder said.

“The property owner has a development right, and really this is a choice in how it’s going to get developed,” he said.

The council voted 3-1 against the ballot measure moving forward, with Councilman John Taylor against and Councilwoman Laura Freese absent.

After the council vote, Yoder said he did not have any comments for the media.