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19-0903_SMYTH, JOHN & GERUTTO, AGATHA_F2a_Agenda ReportCity of San Juan Capistrano Agenda Report TO : Honorable Mayor and Members of the City Council FROM : ~njamin Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Directo V PREPARED BY : Laura Stokes, Housing Supervisor I Associate Planner ~ DATE: September 3, 2019 9/3/2019 F2a SUBJECT: License Agreement to Allow a Private Equestrian Barn at 27281 Viewpoint Circle, Lot 25 of Tract 6381 (Studio 6 Architects) RECOMMENDATION : Approve and authorize the City Manager to execute a License Agreement with John Smyth 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: At the August 6, 2019 , City Council meeting, the City Council considered a request from John Smyth and Agatha Gerutto (Applicants) for a License Agreement that would allow a 1,028 square foot private equestrian barn to be located within a portion of 27281 Viewpoint Circle. A portion of this property is in an area where all development rights have been dedicated to the City . For the reasons explained in the August 6, 2019, staff report (Attachment 1 ), staff recommended that the City Council approve the License Agreement request. At the August 6 meeting, based on concerns expressed by neighbors and a representative of the Home Owners Association (HOA), the City Council continued the item to allow the Applicants an opportunity to consult with the HOA regarding issues associated with the Applicants' License Agreement request. As explained in this report, those meetings have occurred and resulted in changes to vehicular access that staff believes are generally acceptable to the HOA. Consequently, staff's recommendation is to approve the requested License Agreement with new provisions incorporated to address the HOA and neighbor concerns. City Council Agenda Report September 3, 2019 Page 2 of 3 DISCUSSION/ANALYSIS According to HOA representatives, the HOA has no concern with the proposed barn's location but would prefer that vehicular access to the barn not be taken from the public street (Viewpoint Circle). As a result, staff investigated alternative vehicular access routes to the Applicant's proposed barn. It was determined that the Applicants could access the proposed barn via the public trail (the "Stoneridge Trail") located behind their rear yard slope. The trail is accessible from the terminus of Mission Hills Drive, is wide enough to accommodate vehicles, and is already used as an access road for City utility vehicles and by other private property owners within the same tract who have obtained License Agreements for barns or other equestrian-related improvements. The Stoneridge Trail and the upper portion of the Applicant's property are located within a Ridgeline and Open Space Preservation District. In order to preserve natural ridgelines in the City, the City's Land Use Code prohibits any construction activity or grading within a Ridgeline and Open Space Preservation District. As a result, while limited vehicular access can be provided to the Applicants' property via the public trail, the Applicants are prohibited from grading an access road from the trail to the proposed barn, which is located outside the Ridgeline and Open Space Preservation Zone . In practical terms, this means that the Applicants would have to access the barn from the trail without a graded roadway. As a result of these additional findings, staff has modified the License Agreement as follows: 1) Added language that grants the Applicants motorized vehicular access to a defined portion of the City's Stoneridge Trail for transporting animals or materials to their barn facility. 2) Added language that establishes limitations on the allowed trail access, makes the applicant liable for any damages to the public trail, requires the applicant to maintain liability insurance for the trail use, and allows the authorization for use of the trail to be revoked at any time by the City. 3) Added language that prohibits a paved driveway which would allow vehicular access to the barn from Viewpoint Circle . 4) Added language that prohibits any grading or construction activity within the Ridgeline and Open Space Preservation Zone. 5) Removes the restrictions on the types of motorized vehicles that can be used to access the barn. 6) Removes restrictions on the materials used on the equestrian "cool down" area and pathway to the barn. The proposed changes to the License Agreement are acceptable to both the HOA and the Applicants. Since the Applicants' request remains consistent with the criteria applied by the City Council in approving previous similar requests within tract 6381, staff is recommending that the City Council approve the Applicants' request for a License Agreement, as modified, to allow construction of a 1,028 square foot private equestrian barn where development rights have been dedicated to the City (Attachment 2). City Council Agenda Report September 3, 2019 Page 3 of 3 PRIOR CITY COUNCIL REVIEW : On August 6, 2019, the City Council considered the Applicants ' request for a License Agreement and continued the item to allow the Applicants an opportunity to consult with the HOA on their request. 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, e-mail notification has been provided to Ms. McKeag, Ms. Robinson, Mr. Blasdel, and the Applicants. ATTACHMENT(S): Attachment 1 -August 6, 2019 Staff Report with attachments . Attachment 2 -Revised License Agreement City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ~njamin Siegel, City Manager "V1 / SUBMITTED BY: Joel Rojas, Development Services Directo ~ v PREPARED BY: Laura Stokes, Housing Supervisor I Associate Planner~ DATE : August 6, 2019 8/6/2019 F1a SUBJECT: 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 . ATTACHMENT 1 City Council Agenda Report August 6, 2019 Pa e 2 of 5 DI S CUSSION/ANALYSIS : Histo ry of Sub je ct T ra ct 's Re stri cte d 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 "OR" (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 exist!ng General Plan-designated ridgeline. In 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 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 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 Page 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.g. 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 Re quest 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 79%, 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 Agreement. 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 City Council Agenda Report August 6, 2019 Page 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 forward 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 surface, 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 (CEQA) 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. PRI OR C ITY COUNCIL REVI EW : Not Applicable . COMMISSIO N/COMMITTEE/BOARD REVIEW AND RECOMM ENDATIONS : Not Applicable . City Council Agenda Report August 6, 2019 Page 5 of 5 NOTI 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. ATIACHMENT(S): 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 18, 2019 Response to Ms. McKeag's Correspondence Attachment 6 -July 24, 2019 Applicant Letter to Proceed to August 6, 2019 Council Meeting Attachment 7 -Ms. Robinson Correspondence Received July 24, 2019 27281 Viewpoint Circle Site Maps ATTACHMENT 1 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 27281 Viewpoint Circle, John Smyth & Agatha Gerutto 1 ATTACHMENT 2 LICENSE AGREEMENT This License Agreement is made this 15th 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 I 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: 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) 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. (8) Rodent control. Rodent control shall be diligently practiced, and the entire premises shall be kept in an orderly and sanitary condition to prevent possib le rodent infestation . The follow ing guidelines and criteria shall be cons idered in rev iewing 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. 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. 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. Section 3. Futu re 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. Section 4. E questrian Trail/Maint enance 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 tra il system . 4 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 . 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 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 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 By: _______________ _ Agatha Gerutto 6 Approved as to Form Jeff Ballinger, City Attorney 7 SMYTH I GERUTTO RES I DEN GE SAN J U AN CAP I ST RAN 0, CAL I F 0 RN I A ~.l?.l'tEOY.L"::r:~.?. < ' ~~-,..._,, .... ~ ~.-...... .. _.~ -·· -~ ~ "~ ,.,,.. __ ~ ... .,O<J"-....... Goo<...:I ••J:>«""".......U ··~ ~ ~-- '"""""--~~ ·~ -~ ·-" ~- """"'"'<'-."" ;...,_,,..,~ ... ~ ·~~ -'~ ... "" ~ r."r-A'---1--.-.. U Y ... 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ASSESSOR'S MAP 800K650 PAGE2B COUNTY OF ORANGE 650-28 @i C) Chronology of Requests for Private Improvements Within the Dedicated Development Rights Area of Tract 6381, Stoneridge On February 7, 1979, the City Council conditiona ll y approved the Mission Hills Ranch Homeowners Association Equestrian Center on Lot "I", 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 den ied 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 Lot 44, Tract 6381 (Site 8). ATTACHMENT 3 Christy Jak( From: Sent: To: Subject: 7/16/2019 Alana McKeag .Pcox.net> E 6 Monday, July 15, 2019 4:47 PM City Clerk Scanstation; Laura Stokes License agreement w/City to build a Private Equestrian Barn at 27281 Viewpoint Circle, Item E.G. RE: License agreement w/City of San Juan Capistrano to build a Private Equestrian Barn at 27281 Viewpoint Circle, Item E.6. Dear City Council Members, We are the owners directly adjacent to the subject property located at 27281 Viewpoint Circle, Lot 25 of Tract 6381. Our names are Steve and Alana McKeag and we live al iewpoint Circle, Lot We appreciate that Lisa Stokes called us back to explaln the situation and what the implications of this license agreement are. However, we do want you to know that the lack of notice from the City was problematic. We received notice on Saturday, July 13, 2019 that the hearing on July 16, 2019 was to occur. City offices were closed for the weekend. Written comment was due by Spm on Monday, July 15, 2019. Therefore, we as Impacted neighbors had approximately 10 hours to gather Information on what this courtesy notification was regarding. To a novice, what was posted on the Agenda section as far as location of the barn and the driveway to the barn Is unintelligible. At no time did our new neighbors come over to share information with us prior to this notice. We find this a very serious situation because from what Lisa explained, we understand this license agreement gives entitlement to the new owners to build both the barn and the driveway in the locations noted on the architectural site plan exhibit. .. It is not just the concept of a barn being built somewhere on the property. We have no argument against a barn. Our neighborhood was created as an equestrian neighborhood and we believe that our new neighbors should have the right to place a barn on their property. When we bought our property 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 objections: 1. The location of the driveway to the barn -We Invite, and would appreciate, members of the Council to visit our property to see the Impact we will feel If a driveway is located as per the plans. If motorized vehicles are allowed to go up and down that driveway we will experience light flashes at night Into our home and backyard. During the day there will be the additional noise of motorized vehicles bouncing Into the back of our yard and home. That really Impacts 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 will not have any Impact to our home or to anyone In 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 mitigate the situation. We have not seen any prohibition about commercial boarding of horses or any commercial activity at the barn or any future riding ring which could add a significant amount of traffic using that driveway. 2. The surface used for a future path/driveway -This proposed driveway Is up a hill that is very visible while looking out of the rear windows of our home and from our view lines from our yard. In the documents posted on the City website we could not find any specifics as to the type of material that would be used. In such a beautiful setting, we would consider concrete or asphalt to be an eyesore. We would ask that if you did approve this, that the surface would be limited to the standard equestrian trail path that runs throughout San Juan Capistrano. 1 ATTACHMENT 4 De ar Steve a nd Alana, We are currently in the process of preparing preliminary plans to build a 2 story, coastal style farmhouse family home located at 27281 Viewpoint Circle. Our initial step is getting a license agreement with the city for a small family stable to retire some of our horses. It 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. I, 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? Please be assured that this will not be a driveway. It will be a path and will not be paved. It will be finished with decomposed granite or pebbles and left in natural style of a trail 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. It 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. In 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. It 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 maturity 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 Acce ss 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 S11rf;u:e used for a future path/drivew<1y 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 pathway to the barn will either be DG or Pebbles . Please see attachments decomposedgranitetrail.jpg and exampleofpebbledrivewaynearhouse.jpg for visual examples of how these areas will appear. 3 . The Location of the Barn You can see the location of the barn on attachment siteplanofhouseandbarn.pdf. It 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 shown in green on the site plan, that we do not plan to remove. And as your concerns about boarding or use of the barn, 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 170'-0" setback from the ridge for a fire separation. I hope this information clarifies and address es your concerns. Please kindly feel free to contact us ~ <"• c.1 ~11ti1>na l .i:<J m or if you need any further clarifications or have any additional concerns? Warmly, Your future neighbors, Agatha, John, Nicholas and Olivia ATTACHMENT 5 July 24, 2019 The City of San Juan Capistrano Community Development Department-Planning Division 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Re: 11te Smyth/Gerutto Residence 27261 View Point San Juan Capistrano Ca. 92675 Studio Letter to proceed to Council meeting August 6, 2019-License Agreement Attn: Laura Stokes/Associate Planner We are requesting to move.forward on a License agreement for a new equestrian Barn! pad beyond the Development line that requires approval from the City Council. We received a letter on July 15, 20 I 9 via the City Clerk's office 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 the item from the Consent Calendar, and have sent a letter to address their concerns. To date we haven't received any response from the neighbor. We would like the City Council to review and approve the License agreement so we can move.forward with the various submittals that are required to pull permits on this property. The improvements will be screened from the public view by trees that 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 home for the Smyth/Gerutto 'sand the effort we have put into the design and detail for this project, and look forward 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 questions or concerns that you may have. SincereZv Robert J. WWiams, AJA Principal Studio 6 Architects, Inc. (/) 1-u w I- I u 0:::: <'.( ATTACHMENT 6 • Studio 6 Architects • 2753 Camino Capislrano, Sui le A-I 00 • S3n Clemen le, Ca . 92672 • Ph (949) 388-5300 •Fax (949) 388-3330 • Laura Stokes From: Sent: To: Cc: Subject: Dear City Council members, Robyn Robinson ..mrobynrobinson.com> Wednesday , July 24, 2019 12 :31 PM City Clerk Scanstation Laura Stokes 27281 Viewpoint Circle proposed li cense agreement/cancelled public hearing 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 qu ict enjoyme nt of Lhe pr · p rt ic · adj ncent and across from the subject property. O ur ad ore s is -Vie w p inL ir e le. Kind Regards, Robyn Rege n Real Estate Brokers Dana Point I Mission Viejo Wv..rw.RobvnRobinson .co m Sent from my iPhone La nt e rn Bay Pla za I I a na Point, CA 92629 I Missi o n icj , CA 92691 ATTACHMENT 7 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 27281 Viewpoint Circle, John Smyth & Agatha Gerutto 1 ATTACHMENT 2 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND JOHN SMYTH AND AGATHA GERUTTO TO UTILIZE CERTAIN CITY OWNED OPEN SPACE PROPERTY FOR AN EQUESTRIAN FACILITY AND A LICENSE FOR ACCESS TO A PORTION OF THE EQUESTRIAN TRAILS FOR USE OF MOTORIZED VEHICLES This License Agreement is made this 3rd of September, 2019, by and between the City of San Juan Capistrano, a California municipal corporation (hereinafter "City"), and John Smyth & Agatha Gerutto (hereinafter "Property Owners"). City and Property Owners are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS : Whereas, Property Owners desire to construct certain private equestrian facilities located at 27281 Viewpoint Circle to board up to six (6) horses, owned by Property Owners, pursuant to a Site Plan entitled "Smyth I 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 Owners' 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. TERMS Section 1. Grant of License. City hereby grants to the 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 (herein after "Equestrian Facility") as specifically set forth herein. 2 The City further grants to Property Owners and their successors in interest authorization for limited access to the equestrian facilities located at 27281 Viewpoint Circle by motorized vehicle via the City's Stoneridge Trail solely to access the property in Exhibit A (hereinafter "Trail Access"). The authorized Trail Access is shown on Exhibit C and is incorporated as though fully set forth herein, and is subject to the terms set for herein. Section 2. Conditions of Approval. A Equestrian Facility 1. 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: 2. Manure storage and disposal. Manure storage and disposal shall be by one or more of the following methods: (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. 3. 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. 3 (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. 4. 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 . (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. 5. 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. 6. 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) 4 7. 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. 8. Vehicular access using a paved driveway leading to the barn from Viewpoint Circle is prohibited. B. Trail Access 1. Use of Trail Access is strictly limited to Exhibit C, any motorized vehicular access on any other portion of a City trail by a motorized vehicle is strictly prohibited. 2, Use of Trail Access by Property Owners with a motorized vehicle is strictly limited to transporting equines and equestrian related materials or supplies. 3. Use of Trail Access by Property Owners with a motorized vehicle is limited to daylight hours. 4. Property Owners shall not exceed a speed limit of 5 miles per hour when using a motorized vehicle on Trial Access. 5. No construction vehicle or vehicles Owned by anyone other than Property Owners shall use the Trail Access for motorized vehicles, unless prior written authorization is obtained from the City 6. No construction activity or grading associated with access to the Equestrian Facilities from the Stoneridge Trail shall be permitted within the Ridgeline and Open Space Preservation Zone, as identified on the City's maps. 7. Property Owners are strictly liable to City for any damage done to Trail Access by the use of motorized vehicles. City retains the right to require that Property Owners restore the Trail to its condition prior to damage done by Property Owners. Property Owners will be provided with a written explanation of restoration expenses, along with an invoice for these expenses. Property Owners shall pay this invoice within sixty (60) days of the postage date. Further, any damage resulting from Property Owners' use of the Trail Access shall also be corrected at Property Owners sole cost and expense 8 . Property Owners shall not use Trail Access any sooner than one week after rain, that lasts for greater than thirty (30) minutes , unless authorized in writing by the City . 5 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. Section 4. Equestrian Trail/Maintenance Jssues. 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. (8) 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 7. Insurance (A) Property Owners shall not use Equestrian Facility or Trail Access until evidence satisfactory to the City showing all insurance required under this section has been secured. (B) Commercial General Liability (1) Property Owners shall take out and maintain, during the term of this Trail Access License, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City . 6 (2) Coverage for Commercial General Liability insurance shall be at least as broad as the following Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (3) Commercial General Liability Insurance must include coverage for the following: Bodily Injury and Property Damage. Property Damage (4)The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.. (5) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (6) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written ·approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. (7) Mi nimu m Policy Limits Required. (a) The minimum Commercial General Liability policy limits are $2,000,000 per occurrence I $2,000,000 aggregate for bodily injury, personal injury, and property damage . (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. (C) Evidence Requ ired. Prior to execution of the Agreement, the Property Owners shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance . (D) Policy Provisions Required . (1) Property Owners shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the 7 Property Owners shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium . If any of the required coverage is cancelled or expires during the term of this Agreement, the Property Owners shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration . (2) The Commercial General Liability Policy shall contain a provision stating that Property Owners' policy is primary insurance and that any insurance, self- insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (3) The retroactive date (if any) of each policy is to be no later than the effective date of this License. (4) All required insurance coverages shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials , officers, employees, agents, and volunteers or shall specifically allow Property Owners or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Property Owners hereby waives its own right of recovery against City. (5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Property Owners from liability in excess of such coverage, nor shall it limit the Property Owners' indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (E) Qualifying Insurers (1) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (2) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (F) Additional Insurance Provisions (1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Property Owners, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Property Owners pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (2) If at any time during the life of the Agreement, any policy of 8 insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Property Owners or the City may cancel this Agreement. (3) The City may require the Property Owners to provide complete copies of all insurance policies in effect for the duration of the Agreement. (4) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. Section 6. Term and Termination. (A) Equestrian Facility License shall continue indefinitely unless terminated by either party in the event of breach of any term of this Agreement. 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 Owners ' cost. (B) City shall have the right to terminate Trail Access License without cause by giving seven (7) days advance written notice of termination to Property Owners 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. 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 9 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 Benjamin Siegel, City Manager Property Owners By: ______________ _ John Smyth By: ______________ _ Agatha Gerutto Approved as to Form Jeff Ballinger, City Attorney 10 SMYTH I GERUTTO RESIDENCE SAN JUAN GA P I S TR A N 0, GALI FOR.NIA ABBREVIATIONS . L . "' 'f "" "' ,.,,V. ~ >.D ADJ """'·"'· ...... "-· ....... L ,.,..,.,,. 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SIMll.Alt Sl<:."1"1...JG>HT SLOPE !t.11.NITAAY NAPJCJN D~ SP>C< ~IFIC.AT"IONS ....... SER.VIC!~I" STAIN~STEEL !ITATION ST ... "'-DAl'D ·-•T""""" !:>TitJ.;C."T\."'AL S""-G"""'- !>lltJ,iGruq: """""" SOUP"°"" 5'1'MMETJl()G.AL TOl't!LeAA TOf" OF' CAIR5 TI!il""""" """"""' TONGIA!i'MD6ROO'l.l!O '""" TOf" Of" OA'U! TDf"Of"l"AAAP£7 1Qll'Of',..~, TOILETl"~D~!>!!ft """'"' ......,60' TOP O F ~ ,.,. .... ...... T ""M l":A~ClD51!1' ""°° '*'1DOl'I )'llATElll HEATBt "™c>JT '''"""""""" ""'-= .so..- 1 POO...S, ~""2i. ~. l'"eNC::.5, PATIO GOY!.fll5, P'llU: .. IT& ANt:> OTH!.fll P'!ll!STANt:>fNCSo ~TIIWC.TUfll5 ~Ill.!: 9ePA!llATI! "-l!VI~ ANt:> Pe-Mrre .:z. PlltCVlt:>e POlllTABU! TOll..Jrr • HANt:> ~INCS. eTATION Pe"-021HA. ~Vl..AT!ONe. DESIGN DATA THIS ~O~C..T SHALL COMPLY Y'iffi-1 AW.. RE6LJLATlON5 AND ORDIN,fr\NC.ES .o\DOn'e.D BY THE LOG.AL GOVERNING AGENC.IE5 AS Y"lfL.L AS THE FOl...l..O~IN6: GODE: 2016 GALIFORNIA RE51DENTIA1.. GODE 2016 GALIFORNIA BUILDIN6 C..ODE 2016 C.ALJFORNIA PLUMBING CODE 2016 CALIFORNIA MECHANICAL GODE 2016 GAL!FORNIA ELEGTRIGAL GODE 2016 GALIFOR.NIA ENER6Y GODE :2016 CALIFORNIA 6REEN BUILDIN6 STANDARDS C.ODE GITY OF SAN .JJAN CAPISTRANO AMENDMENTS ..l.JRISOIGTION: ZONE: CrrY OF SAN ..A.JAN CAPISTRANO R5E 40,000 GONSTRUGTION TYPE: OGGl.Jl°ANCY: ~ FRONT: REA.R: SIDE: MAXIMUM HEIGHT: Y-B (SPRINKLERED) R-3, U LEGAL DESC.RIPTION: APN : 'TRAGT: LOT' GllY: GOJNTY: bS0-262-0b 6361 25 SAN ..VAN CAPISTRANO Ol'<AN6E SQUARE FOOTAGE C.ALC.ULA TIONS: GROSS LOT AREA· TOTl\L LWABLE • 3--GAR 6i'IAA5E " PORTE vex.HERE = GOv'~PATIC)= DfGKSo TOTAL STRUCTURE 11 BARN: 5TABCE5 I TA.GK " C.OVEREO AAEA = TOTAL STRUC~ • FIRE SPRINKLERS: 135.0b4, 16 5 F 3-1 A.GRES (}q5.b45.F . 2800.SO 5.F. 2121.03 S.F. ""'3.11 SJ' "3544 5F 226,.:25SF 203606 S.F 81b.OO S.F 51b00 5 .F , 452.00 SF 1026005.F. A P'lllle ~JC.l.Bl ~ GQWO!ltM Cf, TO THe l..Al'U>T NP'.,. .A 19t' $TAND'°""' &H~ SI! IN~TA..L..l..S) ~UN~ ~tteuBMITTAL. DEFERRED SUBMITT ALS: ~OP'NiV"l!i!JD."'flTT~~Dt4~t4 A.VE,.,._IOlll AP'PlllOVitrrU.. OP' TH! eLJ~INCir Ol'"P'IGIAL TM! iecs.l!lT'~"·ep "91CS.N P9'0~!0N-"1.. IN IU!:&PONeteU! GHAJltCS.! eHAu.. Ll!IT TH! Deli'!:IUtEC> &VeMITT~ ON TH! GON6Tltl.IGTION POGUMeNTe 1---------------------------------------------------------1,..~ JiteVIUiSY'TH!. euu..:::irNCSo Of'rfGIA.L. GENERAL C.ONTRAC.TOR I SUBC.ONTRAC.TOR RESPONSIBILITY: 1, AJ..L. f'OTeNTI~ P~leirN, eN&IN~INGr AND 5f"eGIP"IGA.TION GMAN&S ""-OP~ DUll'ING-GON6Tlt.UGTION A!llE. ~llll~ TO ee Pl't.E!S!.N~ TO A.NP A.Pf'~ BY' nie AlltGHrrec.T ,..,._!Oflt TO IMP"U!MeNTINGr GMANGoee .2 eio!N~tll.A.L.. GONT11t.AC.TOfC. AND ~ eLJeGON1"'11tACT~ ~TO llleVI~ AND S!GOM!. P"AM ll..IAA l"lllTH THe ~~ 9ET OP' GON5TllWGTION DOGUMeNT'&. 1NGUJDINGr BVT' NOT LIM~ TO ~ITr.GTU~ f &TlllUGTU!lr.AL De"TAIL&, llll!l'"~TS> GelL.ING f'l..AH9, eL.eGTltJ""'-L. PLAN& AMP !IGHet)Ul...ee, P"lll!Ofl. TO S!Pt'INCSo ,..,ND GON!ITIIWGTION 5 GoeN!.tll.A.L.. CONTillAGTOPI. ie ~0Ne1e~ TO eNeUf'.!: A.L..L. eueGON.'T'lllAGT~ S!Dc:>INCS. 4 GCNT11lAG-'T'eO TO Pefltl'"OfllM ~IC. Olll. WPPL.Y' MA~I~ HAe ~eiYeD AN eNTllU. e!T 01"' GON!iT"-UGTION t:>OGUMeN.Te P'Olll. TH\e """'Jl!GT. 4 , Go!Nl!!llAL. GONTIUGTOflt ~ ~ONe1eL.e TO l.!N!!Ufl.! ONL..Y' GOf'I~ 01'" TH! GITY ,..,NCl/Ofll C.OUNT"T' A~ CON!!'TlllUGTION POGUM!NTe "tu: ON 51'Tl! AN~ L>e!.D l'"Ollt GON5TllWGTION. Bit' 5!.Te ~ ~ P'Oft. CON!ITIIWGTION DOGUMeNTe ,.Ollt t:ie~l't.ED euBMITTAL.. l'TeM5 fi4AJ..L. ee 51JSMfT'T'eC) TO TH~ ~Je"Te"-!.C' C'!!llCS.N Pll'OP'B!llON-"1.. IN Re.-ON~IBU! GH~cs.e ~o &HAU.. ...ev1~ Tt4!M AND P'~fl.C' TM!.M TO TH! eLJll..PINCir OP'P'IGU'J.. YltlTH A NOTATION INCll""'-TINCi> TH,..,T THe DeP'~ &ueMITTAL. C>OGIJ!rr.11!NTe M"'Ye. ~ ~I~ Jrr.NO P"OVNt:> To ee IN SeN~ CONl'"OlllMANGe TO THe ~·N OF TH! eutl..C'IN&. THE O!.l'"l!!!l'Ut.a:> et.eMrTTAL IT'eM& fi4Au.. NOT B! IN&TA.L.L..eP UNTIL. THE Del'"~~ euBMITTAL. DOGUMeNTe HAVE. eeeN A.~ eY TM! SUIL.PINCir 0,.P'IGIAL,_ D!.P'!Jlt~ !WeMITTAl..!o &HAL.I.. ee IN ~ANGI! l"lllTH GAL..IP"OfllNIA AOMIN15'nt.A"11Ye GODE, GMA.~ 1, eec::.TION 1 -1:16. (2016 GeG GMAP"Tl!tll 1 D IV!elON II, eeGTION 101.5 4 1) ~ !ot.eMITTA!..&: 1 .r...,....,.~ PROJEC.T TEAM: .JOHN SM"f'T'M. t "6-"TI-IA GERl!TTO :21281 ~"T~ SAN JUAN (.A.'°6~. CA q;2f>1S STUDIO b ARCHITEGTS, INC. 2153 GAMINO CAPISll'ANO, SUITE A-100 SAN CLEMENTE, GJt. '12612 PHONE: ('!<4q) 368-5900 FAX: (~c::i) 36&-3330 CONTACT: BRl,..,N MUEHL.BAUER EMAIL: brlan11tst.udlobarGhlt.ec;.t!;.C.Om RDM 5Ul't.VEYING 2301b L.AKE FOREST DRIVE, SUITE t14l)q LAGUNA t-l lLLS, GA C\2b55 F'HONE: (q.4q) 85&-2Cl.24 FAX: (C\4Ct) 656-3436 CONTACT: RON MEOIM,.., Et--iAIL: n:lm£iurveyingoc.ox net PROJEC.T SC.OPE: .,.GOf'Et'T~T NB"t 5qo3 5 .F . ~-STOfl.Y 51NGU: FAMIL..Y p;tE510ENGE )1'11.ITH DAY~IGHT BASEMENT, ces S.F4 3-GAP'l 6ARAGE. GOVER.ED PATIOS AND 5Ec.oND FL.OOR D€GKS • ~~T1'UGT NEY't51b5F BARNJl'flTH 9STAL.l...5ANDA T;r..c..K STORA6E AREA ANO 45~ 5 F . GO\IEFlED AAEA PLUMBING FIXTURES: ON 4 A~ JANUAfl."r" 1, 2014, IUSl~l.A.L. BU~INt&oe LIND~GoOING-f'~MITTeP .lrll..~TION6, /tt<Dr)ITION~ Olll. IM~MeNTe !IH~ !l'ef'l..AC.~ NONCOMPl..IANT f'U.IMBING-,-IXT\Jllllm )"11.ITM ~Tl!ll'-GON&ett.VIN.S. f'UJMBING-I'"~ ,_UJMBINCir ,.l)('f\JfU: ~~MeNT le ~"-.ED fl"l'.IOfll TO l&eVANGe OP',.., ~TIP'~~ ~ P'INAL c:.oMf'lZTION. ~T\l'"IGtifrrliTe o,a OGGW'A.NC.Y °"" P'INAL. ~IT ~-"1.. BY nie L.OG""1.. eu1L.P·c1o aef'Afl,.TM&IT. A Gefll.Tl,.IC.ATI! 01'" COM,-L.IANU ,-Otll Y'Vio.Tl!fl. GONRll'VINCSo P.L..l.IMBINCSo ,.IXT\J~ ll"'llU.. ee llleaUI~ ,..,T Jl'IN-"1.. IN&PCGTION ~ PL.JJ""181Nc& fll'IX'fl.>f'ee 9HAU.. ee ~Ci>~ P'9ll GGeSG "4.!'0e • GMI.. GCt:>e 9eGTION 1101 1. i'le P'OU-Ot'e: -TOll.ZT&: 1 :Z& Grf'I'" -e+l~M~ (MAX l'"L.O)"li): :Z ,CI GrPM • tJO .-el -U>o.YA.TOfC.Y P'AUc:eT!i (MAX l'"J..Or't): 1,.:1 &PM • 60 NI -l<.ITGMeN l'"AUc.ETe (MAA 1'"1..0r'tl: 1,& CS.PM O 60 P"el HOMeoll"'IN!ll' Olll GoeN~ GONTtllAG-TOk TO Pfll.CVIJ:le A &ICS.NeD C.OMPl..Z'T"!P ~OP" nl! ~1 P"OfC.M TO GIT"f M~ c::Gl\hil~Jlt eT"'P"I'" ~IOfC. TO c::>eT"'INll•tS. A '91.MIT. SHEET INDEX ARGHITEG"TVRE T -1 TrTL.f SHEET C.-1 TOPOG'RA.PHIC SUP'-VEY A-1 ARGHITECTIJRAL srre PLAN (1/lbTH SCALE) A-2 5ASEMENT FLOOR PLAN A-3 FIRST FLOOR F'LAN A.-3 SE.GONO FLOOR Pl.AN A-5 EAST EXTERIOR E><fBi?.!QFi:. ELEVATIONS A-b NORTH • SGltJTH ~!OR EL.EY,..,llON5 A-1 ROOF PLAN A.-8 BARN PL.ANS 4 ~IOR ELEVATIONS NOTE: ~ (..) w >- I (..) 0:: <( STUDIO 6 ARCHITECTS, INC . ARCHITECTURE+ PLANNING 275J CA.MINO CAPISTRANO SUITE A·100 SAN CLEMENTE CAJUL'>U (949JJ68..SJOOPHOHE f94i)J~DJOFAX atuaa&.iU1C1cm:111co.i PROJECT CONTACT: BRIAN~U EM\..BA.l.IER PHONE (949Jl88-5Jm FAX(iMO)~ l>r•n(!l&ludlo&lfchllt(.llcom PROJECT TEAM: PRINCIPAL ARCHITECT DES<GN AACHl1£CT CLIENT : J SMYTH & A GERUTTO 272e\ Vl~OINT CIRCLE SAN JUAN CAPISTRANO CA 9"MTS PROJECl MANAGER fl'Hi;M"h\NetJI tA1oH\NllL'I PROJECT NUMBER : 2018005 MILESTONES I REvtSIONS DATE DESCRIPTION LICENSE STAMP SHEET TITLE: TITLE SHEET SHEET NUMBER: T-1 EXHIBIT A -/ / I / / ..,,,- / / / I / I I / I / / I / / / / / / / I / I / I '~'-/ I I I 1-..:..,_ / / / / I I i.- 1 I j ............................... lmprovement:·~~·po~~~·ourtside of the Dedicated rights area - are not a part of the License Agreement and not considered or approved by the City Council . ,,.,,,,. / -r I I I ~ r1 G ... ::i a: I l • rJ ~ u w '::: I u a:: <( SlUDIO 6 ARCHITECTS, INC . ARC HITECTURE+ PLANNING 275] CAMINO CAPISTRANO SUIT E A·IOO S4NCLEMEH1E CA ll2&12 ~J JM.5.lOOPHONE (M9)Jl!B-33JOf A)( rrt~(c:'la.cou PROJECT CONTACT: BR IA N MUEHl.ll'.IJER PHONE {9491 JM-S:WO FAX f90J>a&.lJlD ~!WIQl~Ollnl PROJEC T TEAM: PRINCIP AL ARC HITECT ~ECT CU ENT : ROeERT ....._tWr.15 J SMYTH & A ,GERUTTO 271111 VI EWPO INT CIRCLE SAN JUAN CAPISTRANO CA 92fl75 PROJEC T MANAGER PHQt.IENUMBER FAX NUM8E ffl UJ (.) z UJ 0 en UJ a::: 0 <( z I-a: I-0 u_ :::> ::::; <( a::: wO UJ dci n::Z (!) -<( (.)CI'. .......... -z~ I 6~ I-CL (.) ~z >-~ <( >:::i ~ ~--, ~~ en "' en PROJECT NUMBER: 2018005 MILESTONES I REVISIONS NO MtE DESCRIPTION --------- @ ........•........ (L=26.84') (R=90') ® -·········· .. ·· (L=101.56') (R=48.00') LI CENSE ST AMP: 1----------------------------------------------------------------~~~~--------------------I SH EET TITLE: ARCHITECTURAL NORTH SITE PLAN ~ SHEET NUMBER: A-1 6ARN FRONT EL.EVATION 6ARN REAR !L.EVATION 6ARN !..EFT EL.EVATION 6ARN Rlc#l-!T !L.EVATION ~ ~ - 6ARN ROOF FL.AN ""~""' ~ GOllltWG""iu:> MeTAL. "'°""-~.U.N .O ·~ -ll. .... •· -- 'i-.. " ~ 6ARN ROOF FL.AN ~ ~ ~ ~ - .,,.,, -1-· -->-· ->-•· -I-I-_,_ l ·~ ij I --------t T/o<:i< "' I. v - ·--.. -~ -~· h -~ -~··· .. - ( STUDIO 6 ARCHITECTS, INC . ARCHITECTURE+ PLANNING 2753 CAMINO CAPISTRANO SUITE A·100 &AN CL EMENTE CA &121>12 {94!1).)M.5]001'HOHE ~JJll8-3J30FAX tlT\JOIOtiARCHITECTS COM PROJECT CONTACT: BRIAN MUEHL~UER PHONE (949) J86.5lm FAX ~lN-3330 ~nlll>Cll~edtoom PROJECT TEAM: PRINCIPAL ARCHITECT BRIAN MUEHl ~llER DES<lN ARCHITECT CLIENT: ROeERT ~Lllo\M S J SMYTH & A GERUTTO 271111 VIEWPOINT CIRCLE SAN JUAN CA PISTRANO CA 1121575 PROJECT MANAGER ..,_.......,. FAX NUMEIER '""' w (..) z w 0 Cl) w a: 0 ..... ..... :::) a: w C.9 - < z a: 0 u. ::::; < wU dci a::Z -< Ua:: I-1-z !!1 5!1( a..u ~z !:!!< >::i _...., ""z ~ us PROJECT NUMBER: 2018005 MILESTONES I REVISIONS QA.T E DESCRIP TIO N LICENSE STAMP: BARN PLANS & ELEVATIONS SHEET NUMBER: A-8 ((I I-m I x w °" HILLSIDE TRACT l.:J6 AC. 51 MARCH 1979 Z6 POR. LOT SI ~) 2,1!97 AC.(C) Hlf;HTS IN 29 TRACT NO. 6381 ------- LDT Ml t.t>T » @ 0 J.48 ·AC. u·o JJC ~ i: THI$: ltREA r er SAii M. M. 433-5 TO 15 INC. lo ~ -====::J --z:z_ § LOT 25 © ' 3.10 ' LOT 26 ARE ® 1.43 AC. .t!IAN NOTE· ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES AC. I" = 100' 29 LOT 24 0 3 .07' AC. ,,,,,,. ASSESSOR'S MAP 8001(650 PAGE2B COUNTY OF ORANGE 650-28 @I 0 EXH I BIT C Permitted Trail Access