19-0806_SMYTH, JOHN & GERUTTO, AGATHA_F1a_Supplementary Agenda ReportTO:
FROM:
SUBMITTED BY:
PREPARED BY:
DATE:
SUBJECT:
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City of San Juan Capistrano
Supplemental Agenda Report
Honorable Mayor and Members of the City Council
Benjamin Siegel, City Manage&j� JB
Joel Rojas, Development Services Director �- 4e
Laura Stokes, Housing Supervisor /Associate PlannerNu
August 6, 2019
8/6/2019
Fla
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.
UPDATE
On August 3, 2019, the City received correspondence from the adjacent neighbor to 27281
Viewpoint Circle, Ms. McKeag (Attachment 1). The neighbor raised specific concerns
regarding vehicles accessing the proposed barn, and recommended the license agreement
include a condition to prohibit motorized vehicles from accessing the barn. The property
owner of 27281 Viewpoint Circle has stated that they intend to use a modified golf cart to
transport material to the barn, which would not be possible with a prohibition of all
motorized vehicles. To address the concern of the neighbor, staff recommends and the
property owner has agreed to a condition of the License Agreement to limit the types of
vehicles which could access the barn. Staff has included the following condition to the
License Agreement for Council's consideration (Attachment 2):
The barn shall not be accessed by any motorized vehicle except the following:
- Golf Cart as defined in CVC Section 345
- Low -Speed Vehicle (LSV) as defined in CVC Sectio,p 385.5
- Utility -Terrain Vehicle as defined in CVC Section 531
ATTACHMENT(S):
Attachment 1 — Ms. McKeag Correspondence Received August 3, 2019
Attachment 2 — License Agreement, Revised to Include Condition I.
WIWI -
Carmen Moreno F l a
From: Alana McKeag
Sent: Saturday, August 3, 2019 7:58 AM
To: Laura Stokes; City Clerk Scanstation
Subject: Licence Agreement between City and 27281 Viewpoint Circle
Re: San Juan Capistrano City Council Meeting to Consider a License Agreement for a private barn at 27281 Viewpoint
Circle
To Whom it may concern,
By way of identifying ourselves again - We are the owners directly adjacent to the subject property. Our names are Steve
and Alana McKeag and we live at . Viewpoint Circle, Lot
We have met with and walked the subject property with the architect for the owner, Robert Williams and his associate.
As we said in our previous letter to the council and still feel, we have no issue with our new neighbors building a
barn/stable on their property. It appears the horses will have the best view of the valley. Again, we want our new
neighbor to have total enjoyment of their equestrian property. We are not trying to stop them from building a
barn/stable.
We appreciate the clarification and relabeling of the "9,000 -square foot turn -around" found in the original documents to
a 7,500 -square foot cooling -off area for the horses. We also appreciate the changes in the language of the License
Agreement clearly prohibiting commercial use of the barn and the future build -out for human habitation.
Our concern remains this... included in the Applicants Request on page 3 of 5 (first full paragraph lines 7 & 8) is the
sentence..."The barn would be accessed via a proposed 200 -foot long decomposed granite access way." Although
Agatha Gerutto, the current owner of the property, has written to me via email that she does not plan to drive vehicles
up that access way there is NOTHING in the License Agreement that stops anyone from converting the proposed "access
way" to a driveway at a later date and driving cars/trucks or other motorized vehicles up and down that "access way."
Our concern is not limited to the current owners of the property modifying the 'access way," our concern is also focused
on any future owners of that property. Because it is our understanding that this license agreement runs with the
property as an entitlement and that without these specific prohibitions we feel this License Agreement could be
misconstrued and manipulated by a future owner and that we will have no recourse.
We do not understand why a foot path or trail path would need to be included in the license agreement with the City, as
that seems to fall under the auspice of landscape plans through the homeowners association verses a variance given by
the City in a license agreement. However, because it is included, we are asking that our future neighbors and/or the City
protect our enjoyment of our home and yard from any future conversion of the proposed 200 -foot access way by
placing specific language in the License Agreement prohibiting the proposed access way from ever be converted to a
driveway that gives access to any motorized vehicles now or in the future. Since Agatha has already stated that it will
essentially be a path to walk up to the barn/stable from their home, we think that everyone would be okay with this.
Sincerely,
Steve and Alana McKeag
ATTACHMENT 1
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL T
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Title of Document:
LICENSE AGREEMENT
27281 Viewpoint Circle, John Smyth & Agatha Gerutto
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 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 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:
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(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 installed.
(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.
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(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.
869)
(F) The Property Owners shall not use the barn to board horses owned by third
parties or to otherwise 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.
(1) The barn shall not be accessed by any motorized vehicle except the following:
(i) Golf Cart as defined in CVC Section 345
(ii) Low -Speed Vehicle (LSV) as defined in CVC Section 385.5
(iii) Utility -Terrain Vehicle as defined in CVC Section 531
Section 3. Future Changes.
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.
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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, 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) If 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 Interest.
This Agreement shall bind and be legally enforceable as against all devisees, heirs,
and successor's in interest to Property Owners.
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Section 8. Attorney's Fees.
In 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.
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 Isle
Ladera Ranch, CA 92694
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 with respect to the matters covered hereby 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:- -
Benjamin Siegel, City Manager
Property Owners
By:
John Smyth
6
Agatha Gerutto
Approved as to Form
Jeff Ballinger, City Attorney