San Juan Capistrano CC Should Have Avoided The "In & Out" Urge

Laguna Beach CA

17 February, 2022

5:56 PM

Description

San Juan Capistrano's City Council Should Have Avoided The "In & Out" Urge The proposed In & Out Burger Conditional Use Permit (INO---CUP) on Del Obispo in downtown San Juan Capistrano near the 5 Freeway was approved by a slim 3-2 City Council majority recently. Then the you-know-what really hit the proverbial fan. Over very loud objections and testimony by inumerable residents, they were especially outraged by the Traffic Circulation Study/Analysis (TCS) which alleged that the vehicular impacts were likely to be nil: In my world of the California Environmental Quality Act (CEQA), this means that it has No Potentially Significant Adverse Impacts. Keyword being "potentially." Because the City declared it CEQA exempt, it got a free ride by City planners and those 3 Councilmen who voted for it, Farias, Bourne and Hart. The City's argument was that future use was going to be on par with, equal to current use. You cannot be serious, guys! No one seemed to acknowledge the 800 lb. gorilla in the room: The dominant majority of those who'll avail themselves of INO will be "Freeway Flyers" (literally In & Out of SJC) and a large portion of locals who live on the inland side of the 5 Freeway. Furthermore, though a legitimate category under CEQA, Cumulative Impacts, the obvious aggravation regarding the already gridlocked downtown business district equals more air pollution, the supportive, biased City Manager and his staff just whistled through the graveyard so to speak. And what about the domino effect upon locally owned and operated businesses in the neighborhood? Of course the CM and his minions only need to count to 3 to keep their jobs, right? He appoints his underlings, and if he displeases 3 Council members, then eventually major housecleaning happens---which San Juan Capistrano knows all too well. Intensification Of Use (IOU) is an industry metric, and it's the conversion from a nearly-all onsite restaurant with a modest take-out business (Marie Calendar's pies for locals) to major outside seating as well as drive-through diners, that no one objective in my industry wouldn't deem it a "ramped up program," i.e., significantly increased onsite as well as off-site activities and impacts. And the fix must have been in, because in most places an amended CUP that required more scrutiny SHOULD have taken place. The city projects that it'll dump approximately $40,000 per annum into the municipal coffers. Measly compared to the displacement and disruption. I attend lot of agency meetings in the vicinity, personally socialize, dine and hence drive to and through this particular zone a lot. One particular point is perhaps necessary to understand the controversy: RIGHT TURN ONLY EGRESS is being offered as mitigation. Except, as they say, "Hold on, Houston, we definitely have a malfunction, we have a problem! Do Not Launch, I repeat DO NOT LAUNCH!" Anyone who frequents this zone knows that having only that 1 exit option, drivers will either (A) Break the law, run the gauntlet across Del Obispo, and hazardously "bang" an illegal u-turn, (B) Try to use the commerce parking lots across Del Obispo (clogging them) to double back the way they came, clogging up very short left hand turn lanes too, or (C) Be forced into a circular pattern that carries them right through the heart of already traffic jam-riddled downtown: Right on egress, right on Camino Capistrano, right on the Ortega. The TCS noted none of this, which is what happens when municipal governance "cooperates" with reports funded by the applicants. And only the most naive believe that these consultants are objective: If they don't write in a glaringly supportive manner reflecting the biases of their clients, then their business is DOA. It's a thinly disguised rigged game, totally bogus all too often, they're not hired to play Devil's Advocate. They get paid well to tell their clients (lead agency and development applicant) what they want to hear, nary a discouraging or critical, disparaging word. Nudge nudge, wink wink. If they did, you'd never hear of or read about them ever again. You can pick them out quite easily: They drive expensive cars and dress many times like rich urbanites, speak in slick used car salespeople tones---and they DO prosper if they toe the party line while appearing to be independent and a "What, me worry?" disinterested 3rd party neutral! How many actually live in SJC and will be held accountable? Not all are like this, don't get me wrong---the ones with good reputations often pass on these situations, refuse to compromise their businesses' ethics, can't be bought. But if it's a small, obscure corporation, one you've never heard of? That's a poker tell in my field. So for $40,000 per annum, it's not unfair to ask "What doth it profit a City to lose it's soul for 30 pieces of silver?" As for the City Council, "send not for whom the bells of the mission toll, they toll for thee" if Social Media excoriations are any metric. Residents are livid, disgusted and are jamming the local media outlet Capistrano Dispatch with angry, outraged guest columns, letters and scathing online recriminations. One who was granted rebuttal, INO unfairly supportive space at the CD was Dr. Kenneth Deck. He assassinated the character of a high respected fellow resident and fellow physician: Dr. Michelle C. Hure. He smeared her and her reputation, wasn't even diplomatic about it: https://www.thecapistranodispa... I went online, a search revealed no other mention of his ever having become involved this way (ZERO previous hits at the CD, ZERO hits period, ever at the LA Times or OC Register). His patients give him 2.5 stars out of 5, she 5 out of 5. Online also reveals Dr. Deck has received no accolades, ZERO awards for community engagement or by fellow regional physicians. She's been awarded San Juan Capo Business of the Year last December by (then) Mayor John Taylor, actively engaged in the community as a married mother of 2 girls in the school system. For numerous consecutive years, as voted upon by her OC medical community peers, she's been given Dermatopathologist of the Year honors too. Don't believe me, read Dr. Deck's hit piece "LTE: A Response To Dr. Hure's Column" on 2/17/2022....I'm 75, he's maybe a little older by his bio, but that's no excuse to demean and denigrate in the public forum. Medicine, like a lot of professions, is still dominated by men, that's a fact Jack. A strong, self-made woman, sole proprietor, speaking "Truth To Power," it has the odor of typical chauvinist thinking---that's so yesterday, isn't it? And what WAS he trying to accomplish? Destroy her business, her earning power, her rights regarding both free un-restrained commerce and free speech? No, the days when courageous and intelligent women like her were expected to stay home and bake cookies are over. Dr. Deck demanded an apology from Dr. Hure for exercising those rights in his LTE, he's that audacious---and that wrong. He should be litigated for slanderous and libelous commentary, but I doubt that she'll stoop to his level. The philosopher Heraclitus, about 2500 years ago, said "Character Is Fate." The INO issue has brought out the best (Dr. Hure) and the worst (Dr. Deck) in the community. Her motivation seems genuine, sincere and comes from the respect she holds for everyone. Her character and practice seem unassailable, appears impeccable and flawless, his is basically "take the low road." His comments emerge from a dark and ugly place, perhaps he's the stalking horse for those who just can't, who won't admit they're wrong: Another fast food joint, albeit with a cult like following, with a greasy salty, menu, unhealthy food. Know ANY doctors who recommend this kind of food? Was he sent by the good old boy network, to ruin her and her practice, because he has no track record in this type of endeavor? I was taught in the Marines during the mid-60s that often you need to be vigilant about anomalies, activities that seem unusual, out of place and suspicious. A good detective knows that there're no coincidences, why is this the first time we're seeing/hearing from this man in his community. Methinks this Dr. Deck doth protests too much! Roger E. Bütow is a 50-year resident of Laguna Beach CA. He's the Founder and Executive Director of the 24-year old NGO, Clean Water Now. His professional fields of expertise are land use & regulatory compliance consultancy plus as a retired general contractor, he offers environmental & construction advisory services. His CV/Résumé can be found @ http://www.linkedin.com He can be contacted at [email protected]