Dove Canyon Courtyard Wins Permit Over Residents' Appeal

Showdowns don’t usually end with everyone happy, and Wedneday night's meeting of the Rancho Santa Margarita City Council was no exception.

Immediately after officials approved a permit for a hotly debated city business, a resident stood up and gave them the finger.

In a room crowded with passionate residents on both sides of the issue, Mayor Tony Beall, Jerry Holloway and Steve Baric voted 3-0 to uphold the findings of the city Planning Commission, which granted the Dove Canyon Courtyard a conditional-use permit to operate in the city.

Since it began operation in 2006, the Courtyard has been at the center of a debate between residents who say the events that the business hosts—such as weddings—are too loud, and between residents who say the DCC is a benefit to the community.

“I definitely think this has been a fair, legal process,” Holloway said. “One reason this has taken so long is we’ve tried every remedy under the sun.”

The councilmen cited the evidence from a sound study that indicated events at the location were no louder than 50 decibels and were within acceptable ranges as determined by city law.

Some of the conditions of the newly approved permit include requiring the business owner to provide a written schedule for calendared events every quarter and to have no music later than 10 p.m.

The permit also allows a maximum amount of 156 events per calendar year.

On Feb. 17, the Planning Commission authorized a conditional-use permit for the business. After some residents appealed the decision, the item came before the City Council on March 23.

Leslie Patko, a Rancho Santa Margarita resident, acted as a spokesperson for appellant residents and told the City Council that residents wanted the business moved to a different place in the city or barring that, they wanted tighter restrictions imposed.

Patko said she felt the Planning Commission had been biased in favor of the Dove Canyon Courtyard.

“This is a really big slap in the face to the homeowners,” Patko said of the commission’s original decision.  

Kenny Hrabik, owner of the business, said he has tried his best to accommodate the city and the residents' requests. He also said that events on his property have been well below the allowed sound limits required by the city’s code.

 “I am so far away from breaking the noise ordinance,” Hrabik said.

During public comments many residents spoke for and against the issue.

Kathryn Mattison opposed the conditional-use permit and said the city had been too slow in responding to residents’ concerns.

“You’re telling me Dove Canyon Courtyard is a well-established business, but it’s because you allowed this to go on,” Mattison said. “I hope you all enjoy your homes on the weekends.”              

In contrast, Jan Pingree, a broker who sells homes in Rancho Cielo, said the noise from the courtyard hasn’t affected her ability to sell homes in the area.

“If there was a problem with the value of the homes there because of Dove Canyon Courtyard, I would be very concerned,” Pingree said. “I do not feel it’s an issue for value at all.”

After public comments, questions to staff and  council discussion, council members cast their votes at 11:04 p.m.

“There probably isn’t anything we can do that will make both sides happy,” Holloway said. “At the end of the day I think this can work itself out."

Beall said he understood both sides of the argument but said he had to go about “realistically applying law to everyone here tonight.”

“I don’t believe it’s reasonable that any person in this city that owns a house could expect total silence or that it’s reasonable to shut down this business,” Beall said.

Baric also cast a yes vote: “It is my opinion that all the proper findings have been made to support the findings of the Planning Commission.”

For years, the Courtyard has been the subject of many discussions between residents and the city staff.

As evidence of this, two piles of paper two feet high sat behind city clerk Molly McLaughlin during the meeting—a large collection of staff reports, agendas, meeting minutes and recommendations on the issue.

Beall said the documentation of the item was “probably the greatest administrative record this city has in its history.”

Immediately after the announcement of the vote, Chuck Showalter, a member of the audience, stood up, raised his middle finger at the city council and said “Council and mayor, that’s what you’ve done to the residents. Thank you.”  

Others had more subdued reactions to the decision.

“Obviously, we’re very disappointed,” Patko said. “We’ll be further investigating our legal options at this point.”

 “I feel a sense of relief,” said Hrabik, who added that he would be trying to reach out to his neighbors in reconciliation.

Council member Jesse Petrilla was absent during the vote as he is serving in active duty military training at Fort Knox.