PC Resolution-19-08-27-01PC RESOLUTION NO. 19-08-27-01
CONDITIONAL USE PERMIT (CUP) 19-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT
RELATED TO AN INCREASE IN EQUINE DENSITY FOR AN EXISTING
COMMERCIAL EQUESTRIAN FACILITY FOR PROPERTY LOCATED AT 31000
AVENIDA SIEGA (ASSESSOR PARCEL NUMBER 664-041-46) (APPLICANT:
ROBERT MEADOWS, OAKS VENTURES, LLC)
Whereas, Robert Meadows of Oaks Ventures, LLC, 231 Benton Court, City
of Industry, CA 91789, has requested approval of CUP 19-003 to modify condition of
approval #10 of City Council Resolution #14-02-18-03 to allow for a maximum of 99
horses for overnight boarding in lieu of the current maximum of 50 horses at 31000
Avenida Siega (Assessor Parcel Number 664-041-46). The subject property, generally
located east of the southern terminus of Avenida Siega and approximately 450' south of
Ortega Highway located on the east side of Del Obispo Street and south of Ortega
Highway, has a General Plan Land Use Designation of General Open Space and a Zoning
Designation of Open Space Recreation; and,
Whereas, Oaks Ventures, LLC is the owner of real property located at
31000 Avenida Siega (Assessor Parcel Number 664-041-46); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under Section 15301, Existing
Facilities (Class 1). The entire project is exempt under Section 15301 because this
exemption allows for negligible expansion of an existing use. The project involves an
increase of equine density, from 50 to 99, for an existing commercial equestrian facility.
A Notice of Exemption (NOE) would be filed with the County Recorder's Office within 5
days should the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on August 27, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant public
comments; and,
PC Resolution 19-08-27-01 2 August 27, 2019
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire project is Categorically
Exempt from further review under the California Environmental Quality Act per State
CEQA Guidelines Section 15301; Class 1 "Existing Facilities". The entire project is
exempt under Section 15301 because this exemption allows for negligible expansion of
an existing use. The project involves an increase of equine density, from 50 to 99, for an
existing commercial equestrian facility.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by, Subsection (d) of Section 9-2.317, Conditional Use Permit of Title 9,
Land Use Code of the City of San Juan Capistrano:
1. The proposed use is consistent with the maps and policies of the General Plan,
because the General Open Space land use designation provides for a variety of
open space and recreation land uses that can co-exist compatibly with surrounding
land uses, including outdoor recreational facilities, such as a commercial
equestrian facility. Therefore, the proposed use is determined to be consistent with
the General Plan.
2. The proposed use and design are consistent with the purpose, intent, and
standards of the Land Use Code because the proposed increase in equine density
would comply with the land use and development standards of the I Open Space
Recreation zoning district. There is no applicable specific plan or comprehensive
development plan for this property.
3. The site for the proposed use is adequate in size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and loading areas, fire
and building code considerations, trash and recycling enclosures, and other
features pertaining to the application because the project site has been designed
accordingly and as approved via City Council Resolution #14-02-18-03.
4. The proposed use and the ongoing operation of the use are compatible with
abutting properties and the permitted uses thereof and would not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances,
nuisances, or hazards because, as conditioned via City Council Resolution #14-
02-18-03, the use would continue to substantially similar in nature to its existing
operations.
5. The site for the proposed use has adequate access and parking to support the
use. The proposed increase in equine density would result in an on-site parking
requirement of 20 parking spaces with 52 provided, thereby the subject site
exceeds the City's on-site parking requirement. The existing internal circulation
would remain unchanged.
PC Resolution 19-08-27-01 3 August 27 , 2019
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Wednesday, September
11, 2019.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary
PROJECT#:
EXHIBIT A
RESOLUTION 19-08-27-01
CONDITIONS OF APPROVAL
CUP 19-003
PROJECT NAME: Oaks Equestrian Facility
APPROVAL DATE: August 27, 2019
EFFECTIVE DATE: September 12, 2019
These conditions of approval apply to Conditional Use Permit (CUP) 19-003, a request
to modify condition of approval #10 of City Council Resolution #14-02-18-03 to allow for
a maximum of 99 horses for overnight boarding in lieu of the current maximum of 50
horses at 31000 Avenida Siega (Assessor Parcel Number 664-041-46). Any proposed
changes to this approval shall be submitted to the City Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term "applicant" shall also mean the owner or any
successor(s) in interest to the terms of this approval.
General Conditions:
1. CUP 19-003 is granted to allow an increase to the maximum number of
horses permitted to be boarded overnight to 99 at an existing commercial
equestrian facility located at 31000 Avenida Siega. This project approval is
based on the application materials prepared by Robert Meadows and
submitted to the City on May 17, 2019. These materials are conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Development Services Director to be in substantial
conformance with the approved plans, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Development Services Director upon submittal of an
application and the required deposit or fee. If not appealed, this approval
shall become effective on the first business day following the fifteenth
(15th) day after the date of the Planning Commission's rirrroval
2. Overnight boarding shall be limited to a maximum of 99 horses. Any
request to increase the allowable density shall require approval of a
modification of the conditional use permit in accordance with Municipal
Code Section 9-3.515.
3. The non-permitted stable structure shall be legalized through the
Architectural Control and Building Permit process, or removed.
4. In the event that exhibits and written conditions are inconsistent, the
Resolution #19-08-27-01
CUP 19-003. Oaks Equestrian Facilitv
Conditions of Approval
Page 2 of 3
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
5. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
6. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of S;m .Jwm Cnpistmno
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or
Development Services Director. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and
the City shall cooperate fully in the defense of the matter. The City
reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of
the matter.
7. That all conditions of approval stipulated within City Council Resolution
#14-02-18-03 remain in effect, with exception to condition of approval #10,
which is replaced by condition of approval #2 of this resolution.
8. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
9. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
Resolution #19-08-27-01
CUP 19-003. Oaks Equestrian Facilitv
Date of Approval: August 27, 2019
Resolution No.: 19-08-27-01
Effective Date: September 12, 2019
Applicant Acceptance of Conditions of Approval :
Conditions of Approval
Page 3 of3
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