19-0806_SMYTH, JOHN & GERUTTO, AGATHA_F1a_Agenda Report8t6t2019
Fla
TO:
FROM:
SUBMITTED BY
PREPARED BY:
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
ffinja iH Siegel, City Manager
Joel Rojas, Development Services Directo
Laura Stokes, Housing Supervisor / Associate Planner
August 6, 2019
w
License Agreement to Allow a Private Equestrian Barn at 27281
Viewpoint Circle, Lot 25 of Tract 6381 (Studio 6 Architects)
RECOMMENDATION
Approve a License Agreement with John Smith and Agatha Gerutto, property owners of
27281 Viewpoint Circle, to allow construction of a 1,028 square foot private equestrian
barn 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 vacant 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 Council approval
of a License Agreement (Attachment 2) to allow construction of a 1,028 square foot private
equestrian barn, containing three horse stalls and a tack room, 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. The applicant is requesting City Council approval of a License
Agreement for the equestrian barn prior to processing development applications, because
if they are unable to locate a barn in the desired location, they may consider not pursuing
any development on the vacant parcel.
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
respective properties, mostly through similar License Agreements. While two adjacent
neighbors have raised concerns with the current proposal, staff is recommending that the
City Council approve the applicant's request because the proposed License Agreement is
consistent with the criteria applied by the City Council in approving previous similar
requests.
City Council Agenda Report
August 6, 2019
Page 2 of 5
DISCUSSION/ANALYSIS:
Historv of Subiect Tract's Restri ctecl Area
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
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.
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 638'1 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
authority with regard to development rights in the identified ridgeline area. Since 1977,
when the tract established areas with development rights dedicated to the City, the City
Council has approved the Mission Hills Ranch Homeowners Association Equestrian Center
and license agreements with 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. These
improvements have been previously approved by the City Council within the restricted area
for the following reasons:
. The proposed use and related structural improvement is consistent with the open
space restriction on the property.
City Council Agenda Report
August 6, 2019
Paqe 3 of 5
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.
App licant's Reouest
The applicant is requesting City Council approval of a License Agreement to allow the
construction of a 1,028 square foot equestrian barn on the hillside portion of the vacant 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 applicant's 2.99-acre property. The
proposed barn would contain three 12' x 12' horse stalls, one 12' x 12' tack room and 452
square feet of covered area. The proposed barn would be located adjacent to an
equestrian cooling area of approximately 7,500 square feet. The barn would be accessed
via a proposed 200-foot long decomposed granite access way. Plans of the proposed
development are included as Exhibit A to the attached draft License Agreement.
Staff reviewed the requested License Agreement for consistency with license agreements
previously approved by the City Council, and believes the request is consistent with the
criteria applied by the City Council in approving previous similar requests. 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 only 1 ,028 square feet (1%) of the approximate 102,366 square feet of developable
area on the property. 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. For these reasons, staff is recommending approval of the
requested License Ag reement.
This item was originally on the consent calendar of the July 16,2019, City Council meeting.
However, because of concerns raised by the adjacent neighbor on July 15,2019, the item
was continued to give the applicant time to address the neighbor's concerns (Attachment
4). The neighbor, Ms. McKeag, raised specific concerns regarding the location and
materials of the driveway accessing the proposed barn, as well as the location of the barn
itself. The applicant prepared a response to Ms. McKeag, provided as Attachment 5. On
July 24, 2019, having not received any communication from Ms. McKeag, the applicant
requested that the item proceed to the next available Council meeting (Attachment 6). On
July 24, 2019, the City received additional correspondence from a different neighbor, Ms.
Robinson, expressing concerns with the applicant's request (Attachment 7). Staff provided
Mrs. Robinson with the same response the applicant provided to Ms. McKeag, and
encouraged Ms. Robinson to contact the applicant to discuss a possible resolution to her
a
o
City Council Agenda Report
August 6, 2019
Pase 4 of 5
concerns. On July 30, 2019, the applicant reported that the property owners had met with
Ms. McKeag and were not able to resolve all of her concerns. Nonetheless, the applicant
believes the concerns brought fonruard by the neighbor's opposition letters have been
adequately addressed and is requesting that the City Council consider the requested
License Agreement as proposed. Furthermore, the HOA will need to approve of the
proposed barn's location prior to building permit issuance. Given the concerns expressed
by the neighbors, staff has added language to the License Agreement that prohibits the
third party boarding of horses, requires the barn's access pathway and cooling area to
have either a decomposed granite or pebble sudace, and requires the barn and access
pathway to be substantially screened by landscaping.
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
square foot barn, 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 would have a significant effect on the
environment due to unusual circumstances.
PRIO
Not Applicable
Not Applicable
ITTEE/BOARD REVIEW AND RECO
City Council Agenda Report
August 6, 2019
Paqe 5 of 5
N orl FICATION
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 Ms. McKeag, Ms. Robinson, and the applicant.
ATTACHMENT(Ð
Attachment 1-Area Maps
Attachment 2 - License Agreement
Attachment 3 - List of similar requests associated with Tract 6381
Attachment 4 - Ms. McKeag Correspondence Received July 15, 2019
Attachment 5 - July 1 8,2019 Response to Ms. McKeag's Correspondence
Attachment 6 - July 24,2019 Applicant Letter to Proceed to Augusl6,2019 Council Meeting
AttachmentT - Ms. Robinson Correspondence Received July 24,2019
27281Viewpoint Circle Site Maps
ATTACHMENT 1
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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
27281Viewpoint Circle, John Smyth & Agatha Gerutto
L ATTACHMENT 2
LICENSE AGREEMENT
This License Agreement is made this '16th of July, 2019, 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
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 lT 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 fodh
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 structurê 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) Barn 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 the barn 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
86e)
(F) The Property Owners shall not use the barn to board horses owned by third
parties or to othenryise use the facility for any commercial purpose. The facility shall not be
constructed or used in any way for human habitation.
(G) The equestrian barn access pathway and equestrian cool down area
surrounding the proposed equestrian facility shall be constructed with a decomposed
granite or pebble surface.
(H) The equestrian barn and the access pathway shall be substantially screened
from adjacent neighbors by landscaping.
Section 3. Future Chanqes.
Any proposed changes to the site plan, or use of the structures identified in the site
plan, 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.
4
Section 5. lndemn on-
(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
Property Owners shall defend at their own expense, including attorneys' fees, the
lndemnified Parties in any legal action 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 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) 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. Attornev'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
5
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:
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 covere.d hereby, and no other previous agreement, statement or promise made
by any party hereio with respect to the matters covered hereby shall be binding or valid.
lN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
City of San Juan Gapistrano
By
Benjamin Siegel, City Manager
Property Owners
By
John Smyth
6
By:
Agatha Gerutto
Approved as to Form
Jeff Ballinger, City Attorney
7
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Chronology of Requests for Private lmprovements
Within the Dedicated Development Rights Area of Tract 6381, Stoneridge
On February7,1979, 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 (Site 1).
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 (Site 2).
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)
(Site 3).
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 (Site 4).
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) (Site 5).
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) (Site 6).
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 (Site 7).
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 lot44, Tract 6381 (Site 8).
ATTACHMENT 3
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Christy Jakl
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Sent:
To:
Subject:
Alana McKeag Ðcox.net>
Monday, July 15, 2A19 4:47 PM
City Clerk Scanstation; Laura Stokes
License agreement w/City to build a Private Equestrian Barn at 2728l Viewpoint Circle,
Item E.6.
RE: License agreement w/City of San Juan Cap¡strano to build a Private Eguestrlan Barn at 27281 Viewpoint Circle, ltem E.6.
Dear City Council Members,
We are the owners directly adjacent to the subject property located al2728L Viewpolnt Clrcle, Lot 25 of Tract 5381. Our names are
Steve and Alana McKeag and we live at iewpoint Circle, lot
we appreclate that Llsa stokes called us back to explain the s¡tuat¡on and what the implicatlons of this license agreement are.
However, we do want you to know that the lack of notice from the City was problematic. We recelved notice on Saturday, July 13,
201g that the hearing on July 16, 2019 was to occur. City offices were closed for the weekend. wr¡tten comment was due by 5pm on
Monday, July 15, 201g. Therefore, we as irnpacted neighbors had approximately 10 hours to gather information on what th¡s
courtesy notlfication was regarding. To a novice, what was posted on the Agenda section as far as locatlon of the barn and the
driveway to the barn is unlntelligible. At no time did our new neighbors come over to share information with us pr¡or to this notice.
We flnd this a very serlous sltuation because from what Lisa explalned, we understand thls license agreement gives entitlement to
the new owners to bulld both the barn and the driveway ln the locations noted on the archltectural site plan exhiblt...lt is not iust
the concept of a barn being built somewhere on the property'
we have no argument agalnst a barn. our neighborhood was created as an equestrian nelghborhood and we believe that our new
neighbors should have the right to place a barn on the¡r property. when we bought our pfoperty 20+ years ago we bought it with
the knowledge that we had the right to build a barn, as do the houses that surrounded us'
We do have some objectlons:
1. The location Of the drlveway to the barn - we lnvite, and would appreciate, members of the council to visit our property to see
the ¡mpact we will feel if a driveway ls located as per the plans. lf motorized vehicles are allowed to go up and down that dr¡veway
we will experlence light flashes at night into our home and backyard. During the day there will be the additional noise of motorlzed
vehicles bouncing into the back of our yard and home. That really lmpacts the quiet enjoyment of our yard and home.
we feel there is a much more direct route to the barn from the end of the cul-de-sac that w¡l¡ not have any impact to our home or to
anyone ln our neighborhood. That seems like a loglcal and practical approach that we could all agree upon.
we have not seen any proposed landscaping plans to m¡tigate the situation.
we have not seen any prohibition about commerclal boarding of horses of any commercial activ¡ty at the barn or any future riding
rlng whlch could add a slgnlficant amount of trafflc uslng that drlveway.
2. The surface used for a future path/driveway - This proposed driveway is up a h¡ll that is very visible while looking out of the rear
windows of our home and from our view lines from our yard. ln the documents posted on the City website we could not find any
specifics as to the type of materlal that would be used. ln such a beautiful setting, we would conslder concrete or asphalt to be an
eyesore. we would ask that if you did approve thls, that the surface would be limited to the standard équestrian trail path that runs
throughout San Juan Cap¡strano-
r ATTACHMENT 4
Dear Steve and Alana,
We are currently in the process of preparing preliminary plans to build a 2 story, coastal style farmhouse family home
located at2728I Viewpoint Circle. Our initial step is getting a license agreement with the city for a small family stable to
retire some of our horses. lt has come to our attention that you are concerned about our proposed driveway/path to the
barn? Truthfully, I was unaware that at this preliminary point in the process that you (our neighbors) would even be made
aware of anything regarding this project? We have been letting our architect handle all the details up to this point and we
were unaware that our neighbors would be notified of anything at this stage. So we apologize if you were caught off guard
and feel that we did not share or communicate properly, as this was not our intention. l, myself, only learned about your
letter requesting clarification yesterday and as I mentioned was unaware that you were even notified of anything at this
preliminary stage.
Anyhow, we wanted to clarify more details regarding these plans and put your mind at ease. Please review the points
below (and the attachments in this email) and let us know if you have any questions and or concerns?
1. The location of the driveway to lhe barn
Pleasebeassuredthatthiswill notbeadriveway. ltwill beapathandwill notbepaved. ltwill befinishedwith
decomposed granite or pebbles and left in natural style of a tra¡l to match the current feel of the land.
Additionally, we will never drive a car up this path. This is not what it is intended for. lt is a walking path to go up to the
stable area. The only things going up this path will be people, wheel barrels and maybe a golf cart type vehicle (if we
decide to use one) to bring supplies up to the stable area on a weekly basis. There will be no noise or flashing lights or
traffic. Please rest assured.
Additionally, please see attachment siteplanofhouseandbarn.pdf and privacyhedgeexample.jpg. Please note that we
value our privacy as much as you do. ln our current house we have a very high privacy hedge ( privacyhedgeexample.jpg is
actually a photo from our current house) that grows up to 20 feet high. lt is our plan to plant just such a hedge as shown in
red on the attachment siteplanhouseandbarn.pdf. As you can see from this plan, you will not even be able to see our
house our any portion of our yard from your house once this is planted and we will not be able to see any of your property
either. This is also a very fast growing hedge and reaches matur¡ty in about 2 years. Additionally, as you can see in
siteplanofhouseandbarn.pdf , our house itself naturally blocks most of the view of the path leading up to this area from
your property and yard.
Regarding Access to the Barn from the cul-de- sac, due to the steep grade, trees, and the existing drainage culvert it would
be prohibited.
2. The Surf;*ce used for a future path/driveway
As I mentioned in #1, we are not planning to have any hardscape or concrete. Our actual house driveway will be pebbles
(not concrete) and the pathwayto the barn will either be DG or Pebbles. Please see attachments
decomposedgranitetrail.jpg and exampleofpebbledrivewaynearhouse.jpg for visual examples of how these areas will
a ppear.
3. "l he Lacation of tlre Earn
You can see the location of the barn on attachment siteplanofhouseandbarn.pdf. lt is set high above our house in the
corner. You will 100% not be able to see the barn from your house or even the street. We, ourselves, actually will not
even be able to see the barn from our actual house or yard due to the hill in front of it as well as all the large existing trees
showningreenonthesiteplan,thatwedonotplantoremove. Andasyourconcernsaboutboardingoruseofthebarn,
we are only building 3 stalls enough to retire some of our horses and have no plans to board out the stalls or even ride the
horses that will be staying in the barn. Our current horses are kept at Sycamore trials and are competition horses for
showjumping and they do not belong at a home facility as they require a special area with jumps for training.
Also we can't move the barn up the hill any further due to the City's Ridgeline ordinance won't allow the barn to go any
closer to the Ridge than we have designed, as well as the Orange County Fire Authority requires a minimum of 77O'-O"
setback from the ridge for a fire separation.
I hope this information clarifies and addresses your concerns. Please kindly feel free to contact us
IE-ocir:exinte rnational.com orI if you need any further clarifications or have any additional
concerns?
Warmly, Your future neighbors,
Agatha, John, Nicholas and olivia
ATTACHMENT 5
Studi
July 24, 2019
The Ci4t of San Juan Capistrano
C ommuni ty D ev el op ment D ep ar tme nt - P I anning D iv i s ion
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
Re The S myth/G er utto Re s id e nc e
27261 View Point
San Juan Capistrano Ca. 92675
Letter to proceed to Councíl meeting August 6, 2019-License Agreement
Attn: Løura Stokes/Associøte Planner
I(e are requesting to moveforward on a License agreementfor a new equestrian
Barn/ pad beyond the Development line that requires approvalfrom the City Council. We
received a letter on July I 5, 20I 9 via the City Clerk's ffice from Steve and Alana
McKeag located at 27281 Viewpoint Circle. We tried to reach out to the neighbor prior
to the Council meeting on July 16, 2019, with no response. We pulled rhe itemfrom the
Consent Calendar, and have sent a letter to address their concerns. To date we haven't
received any responsefrom the neighbor. LI/e would like the City Council to review and
approve the License agreemenl so we can moveforward with the various submittals That
are required to pull permits on this property.
The improvements will be screenedfrom the public view by trees thar already
exist. The quality of the designs of the equestrian and the home will very high
We are very excited about the design of this homefor the Smyth/Gerutto's and
the effort we have put into the design and detail þr this project, and lookforward to your
review with the hopes that the Council will approve this project and we can move
forward..
Do not hesitate to contact me with any queslions or concerns that you may have.
Sincerely
Robert J. l4tilliams, AIA
Principal
Studio 6 Architects, Inc.
ATTACHMENT 6
¡Studio6Architects ¡ 2T53CaminoCapistrano,SuiteA-100¡SanClemente,Ca.92672¡Ph(949)388-5300tFax(949)388-3330r
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Laura Stokes
From:
Sent:
To:
Cc:
Subject:
I)ana Point I
Mission Viejo
\\,'uw. RobynRobi n so n. com
Sent from my iPhone
Robyn Robinson
Wednesday, July
Lantern
f ronynrobinson.com>
24,2019 12:31 PM
City Clerk Scanstation
Laura Stokes
27 281 Yiewpoint Ci rcle proposed license a g reement/cancell ed pu blic hea ri ng
Dear City Council members,
We are the neighbor directly across from the subject property.'We do have concerns regarding the placement of
the proposed barn and driveway access.
Our property is also equestrian. We access our lower property from a stairway or the equestrian trail below. We
do not agree to have the new property owner be allowed to install a driveway up to the proposed barn area.
They have access from the ridgeline equestrian trail as do all of the other equestrian properties. It would ruin the
quiet enjoyment ofthe properties adjacent and across from the subject property.
our address irI Viewpoinr Circle.
Kind Regards,
Robyn
RealEstate Brokers
Bay Plazal Dunu Point, CA,92629
I Mission'Viejo, CA 9269l
ATTACHMENT 7