19-0716_SMYTH, JOHN & GERUTTO, AGATHA_E6_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: ff"n¡^ in Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Directo ,Y
U
PREPARED BY: Laura Stokes, Housing Supervisor / Associate Planner
DATE: July 16, 2019
7t16t2019
E6
dr
License Agreement to Allow a Private Equestrian Barn al 27281
Viewpoint Circle, Lot 25 of Tract 6381 (Studio 6 Architects)
SUBJECT
RECOMMENDATION
Approve and authorize the City Manager to execute a License Agreement with John Smith
and Agatha Gerutto, property owners of 27281Viewpoint Circle, to allow construction of a
private equestrian barn and stable within a portion of 27281 Viewpoint Circle, Lot 25 of
Tract 6381, where development rights have been dedicated to the City.
EXECUTIVE SUMMARY:
The project site is a 2.99-acre residential parcel located at 27281 Viewpoint Circle, on the
west terminus of Viewpoint Circle in the Stoneridge neighborhood (Attachment 1). Studio 6
Architects, on behalf of the property owners, has requested City approval to allow
construction of a private equestrian barn and stable on a portion of the project site for
which all development rights were dedicated to the City when the original tract was
approved in 1977. Since 1977, the City has allowed eight 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
agreement is now being requested by the applicant. Staff has reviewed the request and
recommends City Council approval of 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 rroRrr (open space
City Council Agenda Report
July 16,2019
Paqe 2 of 4
recreation). The open space preservation zoning, along with a tract condition requiring the
"dedication of development rights to the City" of open space areas, was intended to
preserve the existing General Plan-designated ridgeline.
ln 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
RSE-20,000 zoning standards for all residential lots but 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 seven 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 approved private improvements within the
dedicated development rights area of Tract 6381 is provided as Attachment 3.
The applicant is requesting City Council approval of a License Agreement to allow the
construction of a 1,028 square foot equestrian barn and stable on the portion of the lot
where development rights have been dedicated to the City. The development rights area
takes up approximately 2.35 acres , or 79o/o, of the 2.99-acre property. The proposed stable
would be made up of three 12' x 12' stalls and one 12' x 12' tack room. The stable would
also have approximafely 452 square feet of covered area. The stable would be accessed
by a proposed 200-foot long access way with a turnaround area of approximately 9,000
square feet. The plans for the development are included as Exhibit A to the attached draft
License Agreement (Attachment 2).
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 "ensure
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 16,2019
Paqe 3 of 4
authority with regard to development rights. The City has previously approved several
license agreements, including those for the Mission Hills Ranch and Stoneridge
neighborhoods, 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 (e.9. 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
similar to uses previously deemed consistent by the City Council within the open space
restriction on the property. The proposed stable would occupy 1,028 square feet of the
approximate 102,366 square feet of developable area on the property, or about 1% of the
lot. The structure would be wood frame and wood siding with corrugated metal roofing and
a simple hip roof design. The maximum 13'-0" 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. The
processing of the requested license agreement has been solely funded by the project
applicant.
ENVIRONMENTAL IMPACT:
The recommended action is exempt from the California Environmental Quality Act (CEOA)
under the Class 3 exemption set forth in State CEQA Guidelines Section 15303, New
Construction or Conversion of Small Structures. The Class 3 exemption applies to the
construction of new, small facilities or structures. Section 15303 provides examples of
activity exempt under its provisions, including the construction of (i) a new single-family
residence, (ii) a new duplex with no more than four dwelling units, (iii) a new store, motel,
or office that does not exceed 2,500 square feet in floor area, and (iv) accessory structures
including garages, carports, patios, swimming pools, and fences. The proposed project is
exempt under the Class 3 exemption as the project involves the construction of a 1,028
o
a
o
a
City Council Agenda Report
July 16,2019
Page 4 of 4
square foot stable, which is an accessory structure, with a maximum height of 13'-0". The
proposed project thus constitutes the construction of a new small structure that directly falls
within the scope of the Class 3 exemption. Consequently, staff finds that the project is
categorically exempt from CEQA. Moreover, staff finds that none of the exceptions to the
Class 3 exemption set forth in State CEQA Guidelines section 15300.2 apply to the
proposed project. Notably, staff finds, based on substantial evidence, that a reasonable
possibility does not exist that the proposed project will have a significant effect on the
environment due to unusual circumstances.
PRIOR CITY COUNCIL REVIEW
Not Applicable.
N MMITTEE/BOARD R
Not 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 within 500 feet of the project (as listed on the Orange County
Real Property Tax Assessment rolls) and the community's Home Owners Association.
Additionally, notice has been provided to the applicant.
ATTACHMENT(S):
Attachment 1 -Area Map
Attachment 2 - License Agreement
Attachment 3 - List of similar requests associated with Tract 6381
27281Viewpoint Circle Site Maps
ATTACHMENT 1
"tf- T ,*7'tr$¡Þ.ñ,*,ji*'$*?rl;,. l¡:'t{, l ¡,*:tF-t't#',ilf,\''' ''F4Tir{D.lï'li., .vaIt'F:l.lt,'?¡'iNIq,t.iilli4,¿[r!tt{ -!*;,réf,"{ttïr:ttitín,'#
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MA¡L TO
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Title of Document
LICENSE AGREEMENT
27281Viewpoint Circle, John Smyth & Agatha Gerutto
L
ATTACHMENT 2
LICENSE AGREEMENT
This License Agreement is made this 16th of July, 20'19, by and between the City of
San Juan Capistrano (hereinafter "City"), and John Smyth & Agatha Gerutto (hereinafter
"Property Owners").
RECITALS:
Whereas, Property Owners desire to construct certain private equestrian facilities
located at 27281 Viewpoint Circle to board up to four (4) horses, owned by Property
Owners, pursuant to a Site Plan entitled "Smyth / Gerutto Residence," date stamped June
14,2019, 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 25 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" (residentialsingle-
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 lT RESOLVED between City and Owner as follows:
Section I 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 requirement that
there shall not be more than six (6) horses maintained on the property as displayed in
Exhibit A, and the following requirements:
(A) Manure storage and disposal. Manure storage and disposal shall be by one
or more of the following methods:
2
(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) lmmediate 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 installed.
(ii) Automatic valves, or sanitary drains if the water flow is continuous,
shall be installed in all large trough or cups.
(iii) ln 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.
3
(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)
(iii)
86e)
Section 3.Future Ghanges.
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 lssues.
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. lndemnification.
(A) ln 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 "lndemnified 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
The chemical control of dust may be permitted.
Perimeter trees and shrubs shall be required for dust control. ($ 2, Ord.
4
Property Owners shall defend at their own expense, including attorneys' fees, the
lndemnified Parties in any legalaction based upon such acts, omissions, operations, and/or
the granting of this license to Property Owners.
(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 shallsurvive 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) lf Property Owners are in breach of any term of this Agreement, and fail to
remedy such breach within sixty (60) days after service of a written notice from City, or if
Property Owners 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 lnterest.
This Agreement shall bind and be legally enforceable as against all devisees, heirs,
and successor's in interest to Property Owners.
Section 8. Attorney's Fees.
ln the event that 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.
5
To City:
Development Services Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Property Owners:
John Smyth & Agatha Gerutto
26 Galaxy lsle
Ladera Ranch, CA 92694
Section 10. Entire Aqreement
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 with respect to the matters covered hereby shall be binding or valid.
¡N WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written'
Gity of san Juan Gapistrano
By
Benjamin Siegel, City Manager
Property Owners
John Smyth
Approved as to Form
Jeff Ballinger, City Attorney
By:
By:
Agatha Gerutto
6
err0rrsÀRcirÌEcri \cì iLË SHiÈI2018005uJ(JzUJo(/)ulÉa'rf--t--)ÉIJJOïFg){o=d.zıÞ22o-g9]gHEÊT NDEX¡;;;Ë;i.¿ -PROJECT IEAM,h,.¿¿ "' "'" ;ùi. niü¡ a¿^rÈÀ ¿.r!-,-ÉaJÈa 1 þaatÈ:?&æùei#æði!P,4i/ Ô ERUTTO RE9ID ENÇ.E5AN JUAN CA? I3lRANO, CAL IFORNIAgMYTHrnxJ.E=T-1
ìu*-"Y_a_ _ -å'!.i.Ift\'-þ\.t -.I'!i:i*ll¡{.Èio,\;'l''1sszIaII;_-\'.:;)!q31;Í>noT=mojc1>f-(t¡maFzTîÉ8'-, qli!:ì:ït9:' )t;:i.ziii:i'l;lx;¡!i*lSMYTH / GERUTTO RESIDENCEIAttÊgtrr¡K¡!1qC!5Êi!irl,ti27281 VIEæOINT CIRCLESAN JUAN CAPISTRANO CAI TFORNIA
fiit5ËiIT>¡zî¡oz-l1lrmÞ{ı2¡r0l>¡z¡oo-[arÞzi iåá'Iilli!iIlr lI¡liìl¡7li ¡ilçll¡ilmtiñlilitoll'ililililtr{hli ttrIt >ti9{t rirmlilll nl,Eil>llr1l ottlzilllitilillt{I{ìIIu!imLÞl1 n11. z!i ilii oll oli ali rilrlt >il'ilitililt!iiItIîrèi'',limÌi >il¡li7ll ¡li6ilIll -lll mIFItnt! <il>ilill ılt=itiltilt¡tltilili{!fËic,ii2iì4:,¡ã,,iliiiif'l'iNiã*lSMYTH / GERUTTO RESIDENCEriliiiiìtÌrlll!:IæagË¡).Àå:HÙÊeÌs2??81 VtEWO|Nl ÇrRCtESAN JUAN CAPISÌ&NO, CAL¡FORNJA
650-28tu = loo'2926L5aè'a HILLSIOEol(oltr-CV**Ssùq?9o5mxJ.g-{qtNOrf - ASSESSOR'S EIOCK &PARCEL NU,|IBEßSsHowN lN c,ncÉsÁ55ÉSSOR'S ^,1ÁPBOOKGSO PAGEzBCOUNIY OF OßANGENO. 638tLOf 243.O7 AC.LOr 25ANEt.to ac.DEOICATEOLOT 26@t.43 AC.,/UANil6ttftPOR. LOî 3t2.A97AC.IC)TRACTLOf 36t.t6 ac.5tMARCH 1979TRACT Ä/O. 638ti4 M. 433 - 5 TO 15 tNC.
Chronology of Requests for Private lmprovements
Within the Dedicated Development Rights Area of Tract 6381, Stoneridge
On February 7,1979, the City Council conditionallv approved the Mission Hills Ranch
Homeowners Association Equestrian Center on Lot "1", 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'lB, 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 allowgrading
and construction of a private barn and riding arena in the dedicated development rights
areaof Lot31,Tract6381 at30081 HillsideTerrace(SPR88-06).OnJanuary24, 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 aporoved 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
Kafetzopoulos 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,'fracl6381.
On July 18, 2017, the City Council approved a license agreement for Chris & Tobi
Coate construct a 1,440 square foot equestrian stable in the dedicated development
rights area of Lot 44, Tract 6381.
ATTACHMENT 3