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03-1001_EICHENAUER , MARSHALL & TERI_License Agreement0 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 Benefits/Requested by: City of San Juan Capistrano Title of Document: Ll Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder !!IRIIIIilllllllllllllll!lllllllllllllUlllllllillllllllll!IIIIIIINO FEE 200300138204103:59pm 11/12/03 11792M26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 L.I This Space for Recorder's Use Only C LICENSE AGREEMENT 29891 Hillside Terrace — Jim Lindenberger Associates Recorded Requested by and When Recorded return to: City Clerk, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT This License Agreement is made this � day of October 2003, by and between the City of San Juan Capistrano (hereinafter "City'), and Marshall & Teri Eichenauer (hereinafter "Property Owners"). RECITALS: Whereas, Property Owners desire to construct certain private equestrian facilities located at 29891 Hillside Terrace to board up to four (4) horses, owned by Property Owners, pursuant to a Site Plan entitled "Horse Barn and Site Planning, dated 06/23/03 by Jim Lindenberger Associates, Inc. on file with the City's Planning Department, and, Whereas, said private equestrian facilities are to be located on a portion of Property Owner's property, more particularly identified in Exhibit A, attached hereto and incorporated herein by reference, and, Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential stables and equestrian facilities"as a permitted use in the "RSE-20,000" (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 utiliize 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 requirements that there shall not be no more than four (4) horses maintained on the property as described in Exhibit A, and as follows: (A) 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 seven (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 provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs 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 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. (D) Stable sanitation. Good sanitary methods around bams, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitoes. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (§§ 2, Ord. 669) Section 3. Future Changes. Any proposed changes to the site plan of any type whatsoever shall be subject to the procedures of City's municipal code and further will require an amendment to this License Agreement. Section 4. Eauestrian 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. Hold harmless and Liability In consideration of this grant of license to Property Owners, Property Owners hereby agree to save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Property Owner's exercise of its rights and obligations under this License Agreement. Section 6. Term and Termination. This Agreement shall continue indefinitely unless terminated by either parry in the event of breach of any term of this Agreement. If Property Owners are in breach of any term of this Agreement, and shall fail to remedy such breach within 60 days after service of a written notice from City, or commence in good faith to remedy such breach within 60 days and thereafter diligently prosecute the same to completion, or shall 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 interest to Property Owners. Section B. Attorney's Fees In the event 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 parry 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 Agreement shall be accomplished by first class mail, personally served upon the other party. To City: Pam Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To: Property Owners: Marshall & Teri Eichenauer 29891 Hillside Terrace San Juan Capistrano, CA 92675 Section 10. Entire Agreement communications required to be given under this postage prepaid, and deposited in the U.S. mails, or 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 which is not contained herein shall be binding or valid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approved as to form CityAIt ey 16381lot4f-lic nseagree.wpd Va 7 MINES MS By: Teri Eichenauer VICTORIA bMLEY I.1711NB(♦i011! 17� *MW CWAIV tllpby PuOMC - C1�� 14—P*CW"-BVftjM&MM] I��tlID2 fodft,A8 AIsiO':J+r my M 1161WTIflGn amOD3.VMMOO SWIL Mr11oM t ]1Mi tekRrt?'.r�+ 0 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On November 3. 2003 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelff, Mayor of the City of San Juan Capistrano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Capacity Claimed by Signer Mayor Title Signer is Representing The City of San Juan Capistrano Description of Attached Document License Agreement - Eichenauer Title or Type of Document September 2, 2003 Date of Document C1 J 0 32400 PASEO ACELANTO SAN JUAN CAPISTRANO, CA 92675 (949) A93-1171 (949) A93-1053 (FAX) 1v1v Iv. sanj uancapistrano. org November 6, 2003 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 /y. IN (I IIII AID • Is"1uvB 1 1961 1776 'r' . J' MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIII!IIIIIIIIIIIN!I!illiillliiliilillllllllilllllllllllllllli►v0 FEE »7 92 Al2 00300138204103.59pm 11/12/03 0.00 O.00 0.00 0 00 0.00 0.00 0.00 0.00 Re: License Agreement — 29891 Hillside Terrace — Jim Lindenberger Associates SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours R. Monahan Cc: William Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) Ivsvw_sanjuancapistrano. org November 6, 2003 Clerk -Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 II(IAl11ATlA �uslB I 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDUN INTERIM CITY MANAGER 19d2dq•A�11:b4�1.'. Re: License Agreement — 29891 Hillside Terrace — Jim Lindenberger Associates SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours /1 R. Monahan Cc: William Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future E RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 Benefits/Requested by: City of San Juan Capistrano Title of Document: 0 This Space for Recorder's Use Only LICENSE AGREEMENT 29891 Hillside Terrace — Jim Lindenberger Associates Recorded Requested by and When Recorded return to: City Clerk, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT 10 This License Agreement is made this tl�l�r day of October 2003, by and between the City of San Juan Capistrano (hereinafter "City"), and Marshall & Teri Eichenauer (hereinafter "Property Owners"). RECITALS: Whereas, Property Owners desire to construct certain private equestrian facilities located at 29891 Hillside Terrace to board up to four (4) horses, owned by Property Owners, pursuant to a Site Plan entitled "Horse Barn and Site Planning, dated 06/23/03 by Jim Lindenberger Associates, Inc. on file with the City's Planning Department, and, Whereas, said private equestrian facilities are to be located on a portion of Property Owner's property, more particularly identified in Exhibit A, attached hereto and incorporated herein by reference, and, Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential stables and equestrian facilities"as a permitted use in the "RSE-20,000" (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 utiliize 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 requirements that there shall not be no more than four (4) horses maintained on the property as described in Exhibit A, and as follows: (A) 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 seven (7) days. (iii) Automatic fly misters shall be installed and used where manure is stored. 0 0 (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 provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs 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 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. (D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitoes. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (§§ 2, Ord. 869) Section 3. Future Changes. Any proposed changes to the site plan of any type whatsoever shall be subject to the procedures of City's municipal code and further will require an amendment to this License Agreement. Section 4. Equestrian Trail/Maintenance 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. Hold harmless and Liability In consideration of this grant of license to Property Owners, Property Owners hereby agree to save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property 0 0 or injuries to or death of any persons arising out of Property Owner's exercise of its rights and obligations under this License Agreement. Section 6. Term and Termination. This Agreement 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 shall fail to remedy such breach within 60 days after service of a written notice from City, or commence in good faith to remedy such breach within 60 days and thereafter diligently prosecute the same to completion, or shall 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 interest to Property Owners. Section 8. Attorney's Fees In the event 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 Pam Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To: Property Owners: Marshall & Teri Eichenauer 29891 Hillside Terrace San Juan Capistrano, CA 92675 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 which is not contained herein shall be binding or valid. 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approved as to form City t ey t63871ot41-Ui nseagree.wpd 4 La Teri Eichenauer VICTORIA BAILEY COeW**M N 124M MQftV R04: -Cam cMrwcGwAV MY Bp1E►J01��1 u1'C)% s �� 1 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 3. 2003 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelff, Mayor of the City of San Juan Capistrano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) Capacity Claimed by Signer Mayor Title Signer is Representing The City of San Juan Capistrano WITNESS my hand and official seal. Description of Attached Document License Agreement - Eichenauer Title or Type of Document September 2, 2003 Date of Document 0 Meg Monahan From: Meg Monahan Sent: Friday, October 24, 2003 11:16 AM To: Bill Ramsey Subject: Eichenauer License Agreement go • Page 1 of 1 Is this agreement to be recorded? The agreement has the recorder's language on the first page. If it is, it needs to be notarized. I will hold it until I here form you. Meg 10/24/2003 bCITYO TO: John Shaw, lIt,,A DEPT: City Attorney SUBJECT: Document Review MEMORANDUM DATE: w —ly— D PHONE EXT: '/� 33 ATTACHED ARE THE FOLLOWING (please describe document, i.e. agre agreement, eem contract, consultant �/G� . _ N /j��,e� o oour approval and signature (2) For your review and comment (3) For your information (4) As requested (5) PLEASE: (A) Keep for your files (A) When completed, return to: [ ] Ext. (C) Dateffime needed: CITY ATTORNEY'S COMMENTS OCT 14 2003 • • Page 1 of 1 Meg Monahan From: Meg Monahan Sent: Friday, October 24, 2003 2:06 PM To: Bill Ramsey Subject: RE: Eichenauer License Agreement I will send it back over to you so you can get the parties to have their signatures notarized. Meg -----Original Message ----- From: Bill Ramsey Sent: Friday, October 24, 2003 1:36 PM To: Meg Monahan Subject: RE: Eichenauer License Agreement Yes. William Ramsey, AICP, Principal Planner Planning Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 Tel: (949) 443-6334 Fax: (949) 661-5451 bramsey@sanjuancapistrano.org www.sanjuancapistrano.org -----Original Message ----- From: Meg Monahan Sent: Friday, October 24, 2003 11:16 AM To: Bill Ramsey Subject: Eichenauer License Agreement Bill, Is this agreement to be recorded? The agreement has the recorder's language on the first page. If it is, it needs to be notarized. I will hold it until I here form you. Meg 10/24/2003 • Recorded Requested by and When Recorded return to: City Clerk, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT • This License Agreement is made this or � day of October 2003, by and between the City of San Juan Capistrano (hereinafter "City"), and Marshall & Teri Eichenauer (hereinafter "Property Owners"). RECITALS: Whereas, Property Owners desire to construct certain private equestrian facilities located at 29891 Hillside Terrace to board up to four (4) horses, owned by Property Owners, pursuant to a Site Plan entitled "Horse Barn and Site Planning, dated 06/23/03 by Jim Lindenberger Associates, Inc. on file with the City's Planning Department, and, Whereas, said private equestrian facilities are to be located on a portion of Property Owner's property, more particularly identified in Exhibit A, attached hereto and incorporated herein by reference, and, Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential stables and equestrian facilities"as a permitted use in the "RSE-20,000" (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 utiliize 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 requirements that there shall not be no more than four (4) horses maintained on the property as described in Exhibit A, and as follows: (A) 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 seven (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 provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs 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 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. (D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitoes. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (§§ 2, Ord. 869) Section 3. Future Chances. Any proposed changes to the site plan of any type whatsoever shall be subject to the procedures of City's municipal code and further will require an amendment to this License Agreement. Section 4. Equestrian Trail/Maintenance 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. Hold harmless and Liability In consideration of this grant of license to Property Owners, Property Owners hereby agree to save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Property Owner's exercise of its rights and obligations under this License Agreement. Section 6. Term and Termination. This Agreement 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 shall fail to remedy such breach within 60 days after service of a written notice from City, or commence in good faith to remedy such breach within 60 days and thereafter diligently prosecute the same to completion, or shall 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 interest to Property Owners. Section 8. Attornev's Fees In the event 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 ail 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 Pam Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To: Property Owners: Marshall & Teri Eichenauer 29891 Hillside Terrace San Juan Capistrano, CA 92675 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 which is not contained herein shall be binding or valid. 0 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. City of Property By ////Y 61;, �G/'/die-� By: Approved as to form 0381 Iot4l4icenseagree.wpd Teri Eichenauer I /t%-'2 1012112003 AGENDA ITEM G 2a TO: Pam Gibson, Interim City Manager FROM: Thomas Tomlinson, Planning Director SUBJECT: Consideration of a License Agreement for a Portion of Lot 41, Tract 6381, Stoneridge (Eichenauer) RECOMMENDATION By motion, approve a License Agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381 where development rights have been dedicated to the City. SITUATION A. Applicant Marshall & Teri Eichenauer 29891 Hillside Terrace San Juan Capistrano, CA 92675 B. Summary and Recommendation Representative James Lindenberger, Architect 25662 Spinnaker Drive San Juan Capistrano, California 92675 Marshall & Teri Eichenauer have requested City approval of a license agreement to allow them to construct a private stable on a portion of their lot for which all development rights have been dedicated to the City. The project site is located on the west side of Hillside Terrace in the Stoneridge neighborhood. The property is zoned "RSE-20,000" (residential single-family estate -20,000 s.f. lot minimum) and the rear portion of the lot where the proposed equestrian stable would be located has had development rights dedicated to the City for the purpose of protecting a General Plan -designated ridgeline. Staff recommends the City Council approve the license agreement (Attachment 1, License Agreement Between the City and Eichenauer). C. Background 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 the "dedication of development rights to the City" of open space areas was a conscious FOR CITY COUNCIL AGENDA 0 0 City Council Agenda Item -2- October 21, 2003 effort by the City to preserve the General Plan -designated ridgeline. Condition #7 of the City Council's approving resolution for Tract 6381, Stone ridge provided that: "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." On November 15, 2002, the City Council adopted a new Title 9, Land Use Code and revisions to the Official Zoning Map which re -designated the "ES" (small estate) and "OS" (open space preservation) zoning of the area, to "RSE-20,000" (residential single-family estate -20,000 s.f. lot minimum) and "GOS" (general open space). 1. General Plan Designation: "2.0, Very Low Density Residential -1.0 du/acre)". This designation provides for the development of very low density single-family dwellings and accessory buildings and is generally located in hillside areas. Uses such as mobile and modular homes, second single-family units, guest houses, public facilities, and others which are compatible with and oriented toward serving the needs of very low density single-family neighborhoods may also be allowed. The Very Low Density residential land use designation has been assigned to areas within the City that have unique or significant hillside features such as ridgelines, creeks, slopes, sensitive habitat areas or mapped landslides. This designation has a density range from zero to a maximum of 1.0 unit per acre. The maximum density of this land use designation may be exceeded to complement General Plan Housing Element policy in accordance with the density bonus provisions of Section 65915 of the California Government Code. 2. Zoning Designation: "RSE-20,000" (residential single-family estate -20,000 s.f. lot minimum). The purpose and intent of this district is to (a) Provide for the establishment of residential areas of low density, located and maintained in accordance with the General Plan; and (b) Regulate such areas in order to preserve and perpetuate a spacious, low-density residential character. 3. Environmental Processing: The project has been reviewed by the Environmental Administrator pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined to be categorically exempt. 4. Prior Entitlements: The City has previously approved license agreements and/or conditional use permits for six property owners in the Mission Hills Ranch and Stoneridge neighborhoods to allow construction of equestrian stables and/or barns within the dedicated development rights area. 1] City Council Agenda Item -3- October 21, 2003 On February 7, 1979, the City Council conditionally approved the Mission Hills Ranch Homeowners Association Equestrian Center on Lot "I," an open space parcel where development rights had been conveyed to the City. The project consisted of twenty-seven (27) pipe stalls covered with corrugated metal roofing, training arena, lunge area, and hot walker. The City's review sought to assure that the grading was minimized, improvements would be low -profile so as not silhouette above the ridgeline, and pipe stall paddocks would be compatible with the rural setting of the site. 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 (reference Site Plan Review 81-02). Council found that the project was inconsistent with the intent of the "OS" District, in particular the proposal to construct a residence. On August 17, 1982, the City Council conditionally 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). Each of the proposed barns were with approximately 340 square feet and designed to accommodate no more than two horses. On August 4, 1987, the City Council conditionally approved a license agreement on behalf of Mr. Beck requesting approval to allow grading and construction of an 880 square foot covered equestrian paddock in the dedicated development rights area of Lot 35, Tract 6381 (reference Site Plan Review (SPR) 87-05). On December 6, 1988, the City Council conditionally approved a license agreement with Mr. Jerry Harper to allow grading and construction of a private barn and riding arena in the dedicated development rights area of Lot 31, Tract 6381 (reference Site Plan Review 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's 3-2 vote split over the issue of building size and intensity with the two dissenting Commissioner's stating the size of the proposed structure was too large and not compatible with the residential scale of the neighborhood. On March 6, 1990, the City Council conditionally 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 Conditional Use Permit 89-12). On March 16, 1999, the City Council conditionally 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 Conditional Use Permit 98-08). 0 0 City Council Agenda Item -4- October 21, 2003 D. Project Description Marshall & Teri Eichenauer have requested City Council approval of a license agreement to allow them to construct a 2,500 square foot equestrian stable on that portion of their lot where development rights have been previously dedicated to the City. Also, the project would grade a pad area of roughly 7,500 square feet and construct a 10 foot wide driveway to connect the barn area to the existing equestrian trail at the west edge of the property. The project would also fence a turn -out area at the back of the property at the top of the ridge. The property consists of a 1.3 acre parcel located on the west side of Hillside Terrace in the Stoneridge neighborhood. E. Issues The primary issue the City Council should consider is consistency of the request with dedication of development rights for open space preservation. F. Staff Analysis The dedication of development rights to the City for open space areas on individual residential lots was a conscious attempt to preserve the General Plan -designated ridgelines and adjoining areas. The October 11, 1977 staff report to the Planning Commission on Tract 6381, Stoneridge states that the intent of the condition is to "insure 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 not establish the City's decision-making authority. State law grants the City express authority under the police power to regulate land use. As a matter of policy, the City has previously approved several license agreements to allow accessory structures such as equestrian barns, covered paddocks, riding arenas based on the following findings: The proposed use and related structural improvement is consistent with the open space restriction on the property. LI 0 City Council Agenda Item -5- October 21, 2003 • 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 (i.e. wood, rock, etc.) which are complementary to the open space character of the area. • The proposed structural improvements incorporate a low profile so as not to silhouette above the ridgeline when viewed from main valley viewpoints. Staff reviewed the proposed project for consistency with these informal criteria and determined that the plan complies with these criteria. The equestrian use and stable building are uses previously deemed consistent by the City Council with the open space restriction on the property. The proposed stable would occupy 2,500 square feet of the roughly 34,000 square foot open space portion of the property, or about 7% of the open space portion of the lot. Grading would be minimized to that necessary to accommodate the proposed structure with a 3 foot retaining wall at the rear of the structure to minimize the extent of grading. The structure would be woodframe and wood siding with asphalt composition roofing and simple gable roof design. The maximum 19'-3" building height would minimize the building profile. Consequently, the proposed structural improvements would be consistent with the criteria used previously by the City to evaluate license agreement requests for equestrian improvements in dedicated development rights areas. G. Community Redevelopment Agency The property is situated outside the Community Redevelopment Agency (CRA) project area. COMMISSIONS/BOARD REVIEW AND RECOMMENDATIONS Not required. FINANCIAL CONSIDERATIONS None. NOTIFICATION Although a public meeting notice is not required for consideration of a license agreement, staff has provided public notification pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meetings, Administrative Policy 409, and Planning Department Policy 510. A public meeting notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) of property within five -hundred (500) feet of the project, and posted at three public locations. Also, pursuant to City Council Policy 5, the City Council Agenda Item -6- October 21, 2003 public meeting notice has been mailed to all Homeowners Associations within five -hundred (500) feet of the project (see Attachment 2, Public Meeting Notice). A copy of this agenda item has been mailed to the applicant and their architect. ALTERNATE ACTIONS Approve a License Agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381 where development rights have been dedicated to the City. 2. Do not approve a License Agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381 where development rights have been dedicated to the City. 3. Continue consideration and request additional information from staff and/or the applicant. RECOMMENDATION By motion, approve a License Agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381 where development rights have been dedicated to the City. Respectfully submitted, Thomas Tomlinson Planning Director TT: W R:hs t6361 iot41-CCai-2003oct21.wpd Attachments Attachment 1, License Agreement Between the City and Eichenauer Attachment 2, Public Meeting Notice 9 0 Recorded Requested by and When Recorded return to: City Clerk, City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSE AGREEMENT This License Agreement is made this day of October 2003, by and between the City of San Juan Capistrano (hereinafter "City"), and Marshall & Teri Eichenauer (hereinafter "Property Owners"). RECITALS: Whereas, Property Owners desire to construct certain private equestrian facilities located at 29891 Hillside Terrace to board up to four (4) horses, owned by Property Owners, pursuant to a Site Plan entitled "Horse Barn and Site Planning, dated 06/23/03 by Jim Lindenberger Associates, Inc. on file with the City's Planning Department, and, Whereas, said private equestrian facilities are to be located on a portion of Property Owner's property, more particularly identified in Exhibit A, attached hereto and incorporated herein by reference, and, Whereas, the City's Title 9, Land Use Code classifies "non-commercial residential stables and equestrian facilities"as a permitted use in the "RSE-20,000" (residential single- family estate -20,000 s.f. lot minimum) and the subject property 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 subjectto 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 utiliize certain cityowned open space property, more particularly described in Exhibit A, for those equestrian uses and facilities as specifically set forth herein. ATTACHMENT 1 Page 1 of 5 0 0 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 requirements that there shall not be no more than four (4) horses maintained on the property as described in Exhibit A, and as follows: (A) 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 seven (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 bythe 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 provided. (ii) Automatic valves, or sanitary drains if the water flow is continuous, shall be installed in all large troughs or cups. (iii) In paddocks and corrals, the earth surface shall be properiygraded 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 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 Page 2 of 5 0 of the water usage, or an approved double-check valve may be acceptable. Back - siphoning devices shall not be required for automatic water cups. (D) Stable sanitation. Good sanitary methods around barns, stalls, paddocks, arenas, tack sheds, and the quarters of the owner or caretakers are as important as manure management. A general cleanup program should accompany the manure management system. Weed control near stables, corrals, water troughs, and surrounding areas around paddocks helps the sun to penetrate and allows the movement of air, which helps to dry the manure and reduce resting places for certain flies. Controlling weed growth from open waste water drains reduces potential habitats for flies, gnats, and mosquitoes. (E) Dust control. Continuous dust control of the entire premises shall be practiced by means of the following methods: (i) A method for light water sprinkling of arenas and exercise pens shall be provided. (ii) The chemical control of dust may be permitted. (iii) Perimeter trees and shrubs shall be required for dust control. (§§ 2, Ord. 869) Section 3. Future Changes. Any proposed changes to the site plan of any type whatsoever shall be subject to the procedures of City's municipal code and further will require an amendment to this License Agreement. Section 4. Equestrian Trail/Maintenance Issues At no time shall Property Owners utilize the property in a mannerwhich 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. Hold harmless and Liability In consideration of this grant of license to Property Owners, Property Owners hereby agree to save and defend City, its elected and appointed officials, and employees harmless from and against any and all claims, demands, suits, actions and proceedings, of any kind or nature, for damages to property or injuries to or death of any persons arising out of Property Owner's exercise of its rights and obligations under this License Agreement. Section 6. Term and Termination. This Agreement 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 shall fail to remedy such breach within 60 days after service of a written notice from City, or commence in good faith to remedy such breach within 60 days and thereafter diligently Page 3 of 5 prosecute the same to completion, or shall 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 necessaryto 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 interest to Property Owners. Section 8. Attorney's Fees In the event 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: Pam Gibson, Interim City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To: Property Owners: Marshall & Teri Eichenauer 29891 Hillside Terrace San Juan Capistrano, CA 92675 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 which is not contained herein shall be binding or valid. Page 4 of 5 0 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approved as to form City Attorney t6381 Iot4140enseagree.wpd City of San Juan Capistrano c� John S. Gelff, Mayor Property Owners 0 0 Page 5 of 5 Marshall Eichenauer Teri Eichenauer 0 Subject: License Agreement for a Portion of Lot 41, Tract 6381, Stoneridge (Eichenauer) Dear Resident/Property Owner: On Tuesday, October 21, 2003, the City Council will conduct a public meeting at 7:00 p.m. in the City Council chambers located at 32400 Paseo Adelanto to consider the subject project. Marshall & Teri Eichenauer have requested City Council approval of a license agreement to allow them to construct a 2,500 square foot equestrian stable on that portion of their lot where development rights have been previously dedicated to the City. Also, the project would grade a pad area of roughly 7,500 square feet and construct a 10 foot wide driveway to connect the barn area to the existing equestrian trail at the west edge of the property. The project would also fence a turn -out area at the back of the property at the top of the ridge. The property consists of a 1.3 acre parcel located on the west side of Hillside Terrace in the Stoneridge neighborhood. This project has been reviewed in accordance with the California Environmental Quality Act (1970). The City's Environmental Administrator has determined that the project is categorically exempt from further environmental review. The Notice of Exemption (NOE) is available for public review at City Hall and the Public Library at 31495 EI Camino Real. You are invited to attend the public meeting to be heard in favor of or in opposition to this project, either by speaking or submitting written communication to the Commission. If you can't attend the meeting, you may submit written comments to the Planning Department. All written comments received at least 24 hours before the meeting will be distributed to the City Council and become part of the public record. If you have any questions, please call the project manager, William Ramsey, AICP, Principal Planner at (949) 443-6334. By order of Tom Tomlinson, Planning Director PUBLIC MEETING NOTICE city of San Tuan caoistrano Subject: License Agreement for a Portion of Lot 41, Tract 6381, Stoneridge (Eichenauer). Dear Resident/Property Owner: On Tuesday, October 21, 2003, the City Council will conduct a public meeting at 7:00 p.m. in the City Council chambers located at 32400 Paseo Adelanto to consider the subject project. Marshall & Teri Eichenauer have requested City Council approval of a license agreement to allow them to construct a 2,500 square foot equestrian stable on that portion of their lot where development rights have been previously dedicated to the City. Also, the project would grade a pad area of roughly 7,500 square feet and construct a 10 foot wide driveway to connect the barn area to the existing equestrian trail at the west edge of the property. The project would also fence a tum -out area at the back of the property at the top of the ridge. The property consists of a 1.3 acre parcel located on the west side of Hillside Terrace in the Stoneridge neighborhood. This project has been reviewed in accordance with the California Environmental Quality Act (1970). The City's Environmental Administrator has determined that the project is categorically exempt from further environmental review. The Notice of Exemption (NOE) is available for public review at City Hall and the Public Library at 31495 EI Camino Real. You are invited to attend the public meeting to be heard in favor of or in opposition to this project, either by speaking or submitting written communication to the Commission. If you can't attend the meeting, you may submit written comments to the Planning Department. All written comments received at least 24 hours before the meeting will be distributed to the City Council and become part of the public record. If you have any questions, please call the project manager, William Ramsey, AICP, Principal Planner at (949) 443-6334. By order of Tom Tomlinson, Planning Director ATTACHMENT • 32400 PASEO ADELANTO 9AN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) wnvnv.sonjuancapistrano.org i �,,y In[uree,uo • ISMmsRe 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 21, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of a License Agreement for a portion of Lot 41, Tract 6381, Stoneridge (Eichenauer)" — Item No. G 2a If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, October 20, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Tomas Tomlinson, Planning Director. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-apendasasanivancapistano.org. Meg Monahan, CMC City Clerk cc: Marshal & Teri Eichenauer*; James Lindenberger*; Tomas Tomlinson, Planning Director * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) wlviv.sanjuancapistrano. org October 23, 2003 9 Joao nnernnu • nunueH � 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATTHART JOESOTO DAVID M. SWEROUN CITYMANAGER GEORGESCARBOROUGH On October 21, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of a License Agreement for a portion of Lot 41, Tract 6381, Stoneridge (Eichenauer)" Item No. G 2a The following action was taken at the meeting: License agreement to allow construction of a private equestrian stable within a portion of Lot 41, Tract 6381, where development rights have been dedicated to the City, approved. The License agreement is in the process of being executed. If you have any questions regarding this action, please contact Tomas Tomlinson, Planning Director at 443-6334 for more detailed information. Thank you, v Me Mona an, CMC Cit Clerk Enclosed: Cc: Marshal & Teri Eichenauer'; James Lindenberger`; Tomas Tomlinson, Planning Director oeuose u is San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) Ivwly sanjuancapistrano. org October 23, 2003 r Joan • ISIIIu11R 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L SATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH On October 21, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of Enhanced Retirement Benefit Formula for Members of the Classified Employees Association" Item No. D7 The following action was taken at the meeting: Resolution No. 03-10-21-02 adopted providing for enhanced retirement benefit formula of 2.7% at age 55, average three highest years salary for all years of services to the member of the Classified Employees Association, thought he Orange County Employees Retirement systems (OCERS). If you have any questions regarding this action, please contact Cynthia L. Russell, Acting Assistant City Manager at 443-6313 for more detailed information. Thank you, CMC Clerk Enclosed: Resolution No. 03-10-21-02 (copy) Cc: OCERS*; Classified Employees Association*; City Employees Association &; Cynthia L. Russell, Acting Assistant City Manager San Juan Capistrano: Preserving the Past to Enhance the Future 9 0 RESOLUTION NO. 03-10-21- 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CAPISTRANO, CALIFORNIA, APPROVING ENHANCED BENEFITS FOR THE MEMBERS OF THE CLASSIFIED ASSOCIATION THROUGH THE ORANGE COUNTY RETIREMENT SYSTEM OF SAN JUAN RETIREMENT EMPLOYEES EMPLOYEES WHEREAS, The City of San Juan Capistrano, as a plan sponsor, provides retirement benefits for full-time employees through the Orange County Employees Retirement System (OCERS); and, WHEREAS, OCERS was created on January 1, 1945 and is formed under the provisions of the County Retirement Act of 1937 (1937 Act); and, WHEREAS, under the provisions of the 1937 Act, OCERS provides similar benefits to Tier 1, Tier 2, General and Safety members regardless of the plan sponsor; and, WHEREAS, California Government Code §31678.3 allows OCERS to provide varying benefit formula plans to plan sponsors based on the plan sponsor's desire to provide differing benefits to their employees; and, WHEREAS, the City's Classified Employees Association has negotiated to enhance their retirement benefit formula to the 2.7% @ 55 for all years of service, as set forth in California Government Code §31676.19, with the measuring period set as the average three highest years of salary, as set forth in California Government Code §31462, for purposes of calculating retirement benefits, effective January 1, 2004; and, WHEREAS, these employees have agreed to fund the increased cost of retirement benefits to the City for the enhanced retirement benefit beginning January 1, 2004 (Exhibit A). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby Agree to provide retirement benefits to the members of the Classified Employees Association under the 2.7% at 55 benefit formula for all years of service, as set forth in California Government Code '31676.19, with the measuring period set as the average three highest years of salary, as set forth in California Government Code '31462, effective January 1, 2004. 10-21-2003 2. Agree to fund the enhanced retirement benefit for the members of the Classified Employees Association through a payroll deduction of 6.26% of base salary. PASSED, APPROVED, AND ADOPTED 21 t da of October 2003. ,MAYOR ATTEST: A ARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 03-10-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 21St day of October 2003, by the following vote: AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto and Mayor Gelff NOES: COUNCIL MEMBERS: Swerdlin ABSTAIN: COUNC M MBERS: None a 10-21-2003