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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 / ~A_ / I.I/ l>rvA6n-/L {/V T ~ ~ 0 ~ )?;> vs 111,1)/)b~ LU er -&" -/ I Applicant Signature Date Bo bt /21 E #'-1 ;z.fo!XJ vJ~ tit' A N/d d £!<.. Applicant's name/title (print)