17-0718_COATE, CHRIS & TOBI_Agenda Report_E18 WAS`c 7/18/2017
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City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: , :Ben Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services DirectorTV-1,
PREPARED BY: Laura Stokes, Housing Coordinator/Assistant Plannerr-{K4
DATE: July 18, 2017
SUBJECT: Consideration of a License Agreement for a Portion of 29831 Highview
Circle, Lot 44 of Tract 6381 (Chris and Tobi Coate)
RECOMMENDATION:
Approve a License Agreement to allow construction of a private equestrian stable within a
portion of 29831 Highview Circle, Lot 44 of Tract 6381, where development rights have
been dedicated to the City.
EXECUTIVE SUMMARY:
Chris and Tobi Coate have requested City approval to allow them to construct a private
stable on a portion of their residential lot for which all development rights were dedicated to
the City when the original tract was approved in 1977. The project site is a 1.38 acre parcel
located on the west side of Highview Circle in the Stoneridge neighborhood (Attachment
1). Since 1977, the City has allowed seven other property owners in the tract to construct
barns and other equestrian-related improvements on similarly restricted portions of their
property, mostly through license agreements. Approval of a similar license agreement is
now being requested by the applicant. Staff has reviewed the request and recommends the
City Council approve the proposed license agreement (Attachment 2).
DISCUSSION/ANALYSIS:
Tract 6381 was approved by the City Council on October 19, 1977, in conjunction with
Rezone 77-09, which changed the zoning designation of the tract to "RS" (single-family
residential), "ES" (small estate), "OS" (open space preservation), and "OR" (open space
recreation). The open space preservation zoning along with a tract condition requiring the
City Council Agenda Report
July 18, 2017
Page 2 of 4
"dedication of development rights to the City" of open space areas was a conscious effort
by the City to preserve the existing General Plan-designated ridgeline.
In 2002, the City Council amended the official zoning map, re-designating the subject tract
from "ES" (small estate) and "OS" (open space preservation) zoning to "RSE-20,000" and
"GOS" (general open space) zoning, which remained consistent with the General Plan
Land Use designation of Very Low Density Residential. This zone change established an
RSE-20,000 zoning on all residential lots and had no impact on the tract's dedicated
development rights area. The RSE-20,000 zoning district allows the development of single-
family residences with minimum lot sizes of 20,000 square feet.
Since 1977, when the tract established areas with development rights dedicated to the
City, the City has approved the Mission Hills Ranch Homeowners Association Equestrian
Center and license agreements for six private property owners in the Mission Hills Ranch
and Stoneridge neighborhoods to construct equestrian stables and/or barns within the
dedicated development rights area. A list of the requests for private improvements within
the dedicated development rights area of Tract 6381 has been provided for the Council's
review (Attachment 3).
Chris and Tobi Coate have requested City Council approval of a license agreement to
allow them to construct a 1,440 square foot equestrian stable on the portion of their lot
where development rights have been dedicated to the City. The development rights area
takes up approximately 40,500 square feet, or 67%, of the property at 29831 Highview
Circle. The stable would be made up of four 12' x 16' stalls, one 12' x 16' storage room,
one 12' x 16' feed room, and one 12' x 24' tack room. The stable will also have
approximately 1,050 square feet of covered area. The stable would be supported by two
existing turn-out areas, totaling approximately 8,600 square feet and use an existing 10
foot wide concrete driveway to connect the barn area to the existing equestrian trail at the
west edge of the property. The plans for the development are included as Exhibit A to the
attached License Agreement.
The dedication of development rights to the City for open space areas on individual
residential lots was intended to preserve the General Plan-designated ridgelines and
adjoining areas when the original tract was approved. The October 11, 1977, staff report to
the Planning Commission on Tract 6381 states that the intent of the condition is to "insure
ridgeline preservation," and Condition #7 of the City Council's approving resolution for
Tract 6381 states:
"Development rights for the area indicated on the tentative tract map along the westerly
ridgeline shall be dedicated to the City. The form of the instrument or instruments, and their
wording, which shall provide for the dedication and/or acknowledgment of dedication of
specific development rights to the City by the subdivider, shall be approved by the City
Attorney and City Council prior to approval of a final map."
While the language in this condition does not specifically state that the City may consider
private development in such areas, the condition does establish the City's decision-making
City Council Agenda Report
July 18, 2017
Page 3 of 4
authority. State law grants the City express authority under its police powers to regulate
land use. As a matter of policy, the City has previously approved several license
agreements, including those for the Mission Hills Ranch and Stoneridge neighborhoods
discussed above to allow accessory structures based on the following findings:
• The proposed use and related structural improvement is consistent with the open
space restriction on the property.
• The scale of the proposed improvement is limited so as to substantially preserve the
area of open space.
• The area of grading and landform alteration is limited so as to substantially preserve
the area of open space.
• The design of and use of materials for the proposed improvement rely on natural
building materials (i.e. wood, rock, etc.) which are complementary to the open space
character of the area.
• The proposed structural improvements incorporate a low profile so as not to
silhouette above the ridgeline when viewed from main valley viewpoints.
Staff reviewed the proposed project for consistency with these previously applied criteria
and determined that the plan is compliant. The equestrian use and stable building are uses
previously deemed consistent by the City Council with the open space restriction on the
property. The proposed stable would occupy 2,500 square feet of the roughly 40,500
square foot dedicated development area the property, or about 6% of the portion of the lot,
which has restricted development. The structure would be wood frame and wood siding
with corrugated metal roofing and simple gable roof design. The maximum 16'-3" building
height would minimize the building profile. Consequently, the proposed structural
improvements would be consistent with the criteria used previously by the City to evaluate
license agreement requests for equestrian improvements in dedicated development rights
areas.
FISCAL IMPACT:
There is no fiscal impact to the City associated with the recommended action.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from further review per Section 15303, New Construction or Conversion of
Small Structures. The Class 3 (e) exemption allows for new construction of accessory
structures including garages, carports, patios, swimming pools, and fences. The proposed
project involves the construction of a 1,440 square foot stable, an accessory structure, with
a maximum height of 16'-3". Consequently, staff finds that the project meets the criteria for
a categorical exemption.
City Council Agenda Report
July 18, 2017
Page 4 of 4
PRIOR CITY COUNCIL REVIEW:
Non-applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Non-applicable.
NOTIFICATION:
Although a public meeting notice is not required for consideration of a license agreement,
staff has provided public notification as a courtesy. A public meeting notice has been
mailed to all property owners (as listed on the Orange County Real Property Tax
Assessment rolls) of property within five-hundred (500) feet of the project, and posted the
meeting agenda at three public locations. A copy of this agenda item has been mailed to
the applicant.
ATTACHMENT(S):
Attachment 1 —Area Map
Attachment 2 — License Agreement
Attachment 3 — List of similar requests associated with Tract 6381
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RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Title of Document:
LICENSE AGREEMENT
29831 Highview Circle- Chris & Tobi Coate
ATTACHMENT 2
Recorded Requested by and
When Recorded return to:
City Clerk, City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
LICENSE AGREEMENT
This License Agreement is made this 18th of July, 2017, by and between the City of
San Juan Capistrano (hereinafter "City"), and Chris & Tori Coate (hereinafter "Property
Owners").
RECITALS:
Whereas, Property Owners desire to construct certain private equestrian facilities
located at 29831 Highview Circle to board up to four (4) horses, owned by Property
Owners, pursuant to a Site Plan entitled "Coate Horse Barn and Site Planning," dated
June 20, 2017, on file with the City's Planning Department, more particularly identified in
Exhibit A, attached hereto and incorporated herein by reference, and,
Whereas, said private equestrian facilities are to be located on a portion of
Property Owner's property which is within an area which has development rights
dedicated to the City of San Juan Capistrano, more particularly identified as Lot 44 in
Exhibit B, attached hereto and incorporated herein by reference, and,
Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential
stables and equestrian facilities" as a permitted use in the "RSE-20,000" (residential
single-family estate-20,000 s.f. lot minimum) District and on the subject property; and,
Whereas, the development rights for that portion of the property, proposed to be
developed with private equestrian facilities, have previously been dedicated to the City of
San Juan Capistrano and private equestrian facilities are subject to this License
Agreement approval.
NOW, THEREFORE, BE IT RESOLVED between City and Owner as follows:
Section 1. Grant of License.
City hereby grants to Property Owners and their successors in interest a license to
utilize certain city owned open space property, more particularly described in Exhibit A, for
those equestrian uses and facilities as specifically set forth herein.
Section 2. Conditions of Approval.
Property Owners shall strictly conform to the zoning operational standards set forth
In Municipal Code section 9-3.515(b), including but not limited to the requirements that
there shall not be no more than four (4) horses maintained on the property as described in
Exhibit A, and as follows:
(A) Manure storage and disposal. Manure storage and disposal shall be by one
or more of the following methods:
(i) Manure shall be removed from the premises every day, unless it is
kept in a covered bin or box made of sound metal, brick stone, concrete, or wood
lined with fly-tight materials or buried in the ground and covered with earth or other
materials sufficient to prevent the attraction or breeding of flies or other insects.
(ii) Manure shall not be permitted to remain in any bin or box for a period
longer than 7 days.
(iii) Automatic fly misters shall be installed and used where manure is
stored.
(iv) Immediate off-site deliveries to farmers for direct fertilizer use or to a
County landfill shall be permitted.
(v) Additional methods for manure disposal shall be approved by the
Planning Director.
(B) Rodent control. Rodent control shall be diligently practiced, and the entire
premises shall be kept in an orderly and sanitary condition to prevent possible rodent
Infestation. The following guidelines and criteria shall be considered in reviewing plans
and operations:
(i) All dry grains shall be stored in rodent-proof metal containers, and
hay shall be stored in a covered structure on a cement slab or on a raised wood
platform which maintains a minimum clearance of six (6) inches above the ground.
(ii) Any tack equipment, device, substance, or material shall be stored on
racks or shelves at least twelve (12) inches above the floor surface. Tack room
floors shall maintain a minimum clearance of four (4) Inches above the ground.
(C) Water management. Special attention shall be given to water systems
because accumulations of manure, bedding, and/or feed with water are ideal for fly
production. For the effective reduction of such fly-production sources, the following
standards are to be maintained:
(i) A non-leak Valve for all troughs, bowls, cups, and other water
sources shall be
(ii) Automatic valves, or sanitary drains if the water flow is continuous,
shall be installed in all large trough or cups.
(iii) In paddocks and corrals, the earth surface shall be properly graded to
suit the master drainage plan so that rainwater and overflows from water troughs
do not form ponds. Property shall maintain all drainage devices consistent with
National Pollutant Discharge Elimination System ("NPDES") permits.
(iv) Back-siphoning devices shall be installed to protect the public water
supply. An approved pressure vacuum breaker is required on the water line serving
the paddocks. The vacuum breaker shall be at least twelve (12) inches above the
highest point of the water usage, or an approved double-check valve may be
acceptable. Back-siphoning devices shall not be required for automatic water cups.
(D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks,
arenas, tack sheds, and the quarters of the owner or caretakers are as important as
manure management. A general cleanup program should accompany the manure
management system. Weed control near stables, corrals, water troughs, and surrounding
areas around paddocks helps the sun to penetrate and allows the movement of air, which
helps to dry the manure and reduce resting places for certain flies. Controlling weed
growth from open waste water drains reduces potential habitats for flies, gnats, and
mosquitoes.
(E) Dust control. Continuous dust control of the entire premises shall be
practiced by means of the following methods:
(i) A method for light water sprinkling of arenas and exercise pens shall
be provided.
(ii) The chemical control of dust may be permitted.
(iii) Perimeter trees and shrubs shall be required for dust control. (§ 2,
Ord. 869)
Section 3. Future Changes.
Any proposed changes to the site plan of any type whatsoever shall be subject to
the procedures of City's Municipal Code and further will require an amendment to this
License Agreement.
Section 4. Equestrian Trail/Maintenance Issues.
At no time shall Property Owners utilize the property in a manner which would
impair use of the City's equestrian trail system. Property Owners shall maintain their
property in a clean weed free manner so as not to interfere with City's operation of its trail
system.
Section 5. Indemnification.
(A) In consideration of this grant of license to Property Owners, the Property
Owners shall defend, indemnify and hold the City, its officials, officers, employees, and
agents (the "Indemnified Parties") free and harmless from any and all liability from loss,
damage, or injury to property or persons, including wrongful death, in any manner arising
out of or incident to acts, omissions, and/or operations by the Property Owners, their
officials, officers, personnel, employees, contractors, and/or subcontractors as well as its
contractors' and/or subcontractors' officials, officers, employees, and agents. Further, the
Property Owners shall defend at their own expense, including attorneys' fees, the
Indemnified Parties in any legal action based upon such acts, omissions and/or
operations.
(B) The Property Owners' obligations under this Section 5 shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been
suffered, regardless of whether or not the City has prepared, supplied, or approved any
plans or for the uses allowed by this License, and regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
(C) The City does not and shall not waive any rights against the Property
Owners that the City may have under the indemnification provision in this Section 5
because of the City's acceptance of any security deposits or insurance policies.
(D) The indemnification provision in this Section 5 shall survive the termination
or expiration of this License.
Section 6. Term and Termination.
(A) This Agreement shall continue indefinitely unless terminated by either party
in the event of breach of any term of this Agreement.
(B) If Property Owners are in breach of any term of this Agreement, and shall
fall to remedy such breach within sixty (60) days after service of a written notice from City,
or commence In good faith to remedy such breach within sixty (60) days and thereafter
diligently prosecute the same to completion, or shall abandon or vacate the subject
property, City may at its option, and without further notice or demand, terminate this
Agreement and enter upon the site, and If necessary remove any improvements
necessary to remedy such breach, at Property Owner's cost.
Section 7. Successors in Interest.
This Agreement shall bind and be legally enforceable as against all devisees, heirs,
and successor's interest to Property Owners.
Section 8. Attorney's Fees.
In the event any legal action or proceeding is commenced to interpret or enforce
the terms of, or obligations arising out of this Agreement, or to recover damages for
breach thereof, the party prevailing in any such action or proceeding shall be entitled to
recover from the non-prevailing party all reasonable attorney's fees, costs and expenses
incurred by the prevailing party.
Section 9. Notices.
All notices, demands, consents, or other communications required to be given
under this Agreement shall be accomplished by first class mail, postage prepaid, and
deposited in the U.S. mails, or personally served upon the other party.
To City:
Development Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Property Owners:
Chris and Tobi Coate
29831 Highview Circle
San Juan Capistrano, CA 92675
Section 10. Entire Agreement
This Agreement contains the entire Agreement of the parties hereto with respect to
the matters covered hereby, and no other previous agreement, statement or promise
made by any party hereto which Is not contained herein shall be binding or valid.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
City of San Juan Capistrano
By:
Kerry Ferguson, Mayor
Property Owners
By:
Chris Coate
By:
Tobi Coate
Approved as to Form
Jeff Ballinger, City Attorney
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PARCEL NUMBERS BOOK 650 PAGE 27
__ SHOWN IN CIRCLES COUNTY OF ORANGE
Chronology of Requests for Private Improvements
Within the Dedicated Development Rights Area of Tract 6381, Stoneridge
On February 7, 1979, the City Council conditionally approved the Mission Hills Ranch
Homeowners Association Equestrian Center on Lot "I", in the Dedicated Development
Rights area of the property. The project consisted of twenty-seven (27) pipe stalls
covered with corrugated metal roofing, training arena, lunge area, and hot walker
compatible with the rural setting of the site.
On August 18, 1981, the City Council denied a request by James Carmack to
construct an equestrian barn and single-family residence in the dedicated development
rights area of Lot 31, Tract 6381 (SPR 81-02) based on findings that the project,
specifically the proposed residence, was inconsistent with the intent of the "OS" (Open
Space) Zone District.
On August 17, 1982, the City Council approved a license agreement to allow grading
and private barns within the dedicated development rights area for Lot 40 (29901
Hillside Terrace), Lot 41 (29891 Hillside Terrace), and Lot 42 (29871 Highview Circle) with
each of the proposed barns being about 340 square feet and for no more than two horses.
On August 4, 1987, the City Council approved a license agreement on behalf of Mr.
Beck to allow grading and construction of an 880 square foot covered equestrian paddock
in the dedicated development rights area of Lot 35, Tract 6381 (SPR 87-05).
On December 6, 1988, the City Council approved a license agreement to allow grading
and construction of a private barn and riding arena in the dedicated development rights
area of Lot 31, Tract 6381 at 30081 Hillside Terrace (SPR 88-06). On January 24, 1989,
the Planning Commission approved the site plan to allow construction of a 1,320 square
foot equestrian barn with 3,800 square feet of roof coverage and a 120' by 60' riding
arena. The Commission voted 3-2 with the two dissenting Commissioner's stating that
the size of the proposed barn was too large and incompatible with the residential scale of
the neighborhood.
On March 6, 1990, the City Council approved a license agreement for Robert Mayer
to allow construction of an 880 square foot covered equestrian paddock in the dedicated
development rights area of Lot 36, Tract 6381 (reference CUP 89-12).
On March 16, 1999, the City Council approved a license agreement for Pat & Soto
Kafetzopouios to allow construction of an 2,412 square foot equestrian barn in the
dedicated development rights area of Lot 43, Tract 6381 (reference CUP 98-08).
On October 21, 2003, the City Council approved a license agreement for Marshall
Eichenauer to construct a 2,500 square foot equestrian barn, grade a 7,500 square foot
building pad, and construct a 10 foot wide driveway to connect the barn area to the
existing equestrian trail at the west edge of the property on Lot 41, Tract 6381.
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