PC Resolution-23-02-08-01PC RESOLUTION NO. 23-02-08-01
ADMINISTRATIVE APPROVAL (AA) 23-001 AND SIGN PROGRAM (SP) 22-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF ADMINISTRATIVE APPROVAL (AA)
23-001 AND SIGN PROGRAM (SP) 22-026, INCLUDING A SIGN EXCEPTION,
RELATED TO A REQUEST TO ALLOW APPROXIMATELY 3,400 LINEAR FEET OF 6'
TALL TUBULAR STEEL POST FENCE, SEVEN TUBULAR STEEL POST GATES,
REPLACING FENCING OF VARIOUS FENCING MATERIALS, APPROXIMATELY600
LINEAR FEET OF NEW 6' TALL WHITE VINYL FENCING, AND OVAL BLACK AND
SILVER SIGNAGE ON EVERY GATE, LOCATED ALONG THE EQUESTRIAN
FACILITY'S SOUTHERN PROPERTY LINE, ADJACENT TO SAN JUAN CREEK
ROAD LOCATED AT 28411 SAN JUAN CREEK ROAD (APN: 121-223-17, -69, -74,
AND -83) AND FINDING THAT SAID ACTIONS ARE EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (APPLICANT: THE PRS
GROUP)
Whereas, The PRS Group, representing property owner Shady Maples,
LLC, 6431 Largo Grande, Bonsall, CA 92003 (the "Applicant"), has requested approval
of Administrative Approval (AA) 23-001 and Sign Program (SP) 22-026, including a sign
exception, a request to a modification to a previously approved Conditional Use Permit,
for approximately 3,400 linear feet of 6' tall tubular steel post fence, seven tubular steel
post gates, replacing fencing of various fencing materials, approximately 600 linear feet
of new 6' tall white vinyl fencing, and oval black and silver signage on every gate, located
along the equestrian facility's southern property line, adjacent to San Juan Creek Road
(the "Project") located at 28411 San Juan Creek Road (the "Property"); and,
Whereas, the Property, generally located along the north side of San Juan
Creek Road, between Avenida La Mancha and Paseo Christina, has a General Plan Land
Use Designation and a Zoning Designation of General Open Space; and,
Whereas, Shady Maples, LLC, is owner in fee of the Property; and,
Whereas, the proposed Project at the Property has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and,
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and,
Whereas, the Environmental Administrator has reviewed the Project and
recommends that the Planning Commission find that the Project is categorically exempt
from further environmental review pursuant to Section 15301 of Title 14 of the California
Code of Regulations (the "CEQA Guidelines"), Class 1, Existing Facilities, because the
project involves minor exterior alterations within an equestrian facility with no expansion
of the existing use. Lastly, no exceptions to the exemption apply; and
PC Resolution 23-02-08-01 2 February 81 2023
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
meeting on February 8, 2023, pursuant to San Juan Capistrano Municipal Code Section
9-2.302. The Planning Commission has considered all public testimony on the proposed
Project and all relevant public comments and all documents and evidence submitted,
including but not limited to the staff report, attachments, and materials submitted by the
Applicant; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire Project is Categorically
Exempt from further environmental review under the California Environmental Quality Act
per State CEQA Guidelines Section 15301, Existing Facilities. Here, the entire Project is
exempt under Section 15301 because it involves the replacement and installation of 6'
tall fencing, with five 6' tall gates and one 7' tall gate, and nonilluminated signage on five
of the gates, which constitutes as a minor exterior alterations of existing facilities with
negligible or no expansion of an existing use. The City has also considered whether the
Proposed Project is subject to any of the six (6) exceptions that would prohibit the use of
a categorical exemption as set forth in State CEQA Guidelines Section 15300.2. The six
(6) exceptions to this Exemption are: (a) Location; (b) Cumulative Impacts; (c) Significant
Effect; (d) Scenic Highways; (e) Hazardous Waste Sites; and (f) Historical Resources:
1. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of which
are being utilized here;
2. There is no possibility of a cumulative impact of the same type of project in the same
place over time. The project involves the construction of 4,000 linear feet of fencing
and signs for an existing equestrian facility. The likelihood of a successive project on
this site is low and probability of a cumulative impact is low;
3. The Project is not marked by unusual circumstances. There is nothing unusual about
the installation of fencing and signage on the boundary of a property;
4. The Project would not damage scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway due to the location along San Juan Creek Road
not being identified as a scenic resource or highway;
5. The Project s not located on a site which is included on any list compiled pursuant to
Section 65962.5 of the Government Code; and
6. The Project would not cause a substantial adverse change in the significance of a
historical resource.
The Planning Commission hereby directs staff to prepare, execute and file with the
Orange County Clerk a Notice of Exemption within five (5) working days of Project's
approval and adoption of this Resolution.
PC Resolution 23-02-08-01 3 February 81 2023
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings as established
by Section 9-2.303(a)(4) Administrative Approvals, of Title 9, Land Use Code of the City
of San Juan Capistrano:
1. The proposed project does not change the use, intensity, or density of the project
because the project involves a new fence with gates on an existing equestrian facility.
The fence would not alter the equestrian facilities use of the property and would not
affect the intensity or density of the equestrian facility. Therefore, the proposed project
is a minor modification that would not result in a change of use, intensity, or density of
the project.
2. The proposed project does not result in new or additional environmental impacts
pursuant to California Environmental Quality Act (CEQA) because the project is
exempt from environmental review per Section 15301, Class 1 , Existing Facilities, of
the CEQA Guidelines in that the project involves minor alterations to existing fencing
along the perimeter of an existing equestrian facility with no expansion of the existing
use.
3. The project does not deviate from applicable Code requirements as the proposed
fencing is consistent with the Land Use Code and development standards established
by the General Open Space (GOS) Zoning District. The project involves minor exterior
alterations to an existing equestrian facility that would not result in deviation from
applicable Code requirements including required parking, required setbacks, lot
coverage limitations, etc. as the proposed project does not involve an increase in floor
area that results in an increased parking requirement or impact other development
standards as dictated in the Land Use Code. Furthermore, the fencing is consistent
with Land Use Code Section 9-3.517 which regulates fences.
4. The project is consistent with the City's design guidelines and the character of the
existing development or approval with respect to architectural style, colors, materials,
massing, scale, landscaping, lighting, and other design features. The proposed 6' tall
tubular steel and wood post fencing, six 6' tall slide gates, 7' tall swing gate, and
internal 6' tall white vinyl fencing is consistent with the design features of the
equestrian facility in this location as there is a variety of fence material, including wood,
metal and vinyl, currently used on the site, and the residential communities south of
the equestrian facility.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Subsection (b) of Section 9-2.343, Sign Permits and Sign Programs, of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to Sign Program
(SP) 22-026:
1. The proposed hanging signs are consistent with the design criteria of Section 9-3.543,
Signs, the Community Design Element, and the Design Guidelines, other than the
requested sign exception, because the proposed 7.5 square foot "S" and "M" and 9.5
PC Resolution 23-02-08-01 4 February 8, 2023
square foot maple silhouette signs includes appropriate materials and construction
methods; would be located on the flat tubular steel entry gates at the main and
secondary site entrances; and would be harmonious with the existing architectural
elements of the existing equestrian site and proposed fencing appearance.
Additionally, the sign is consistent with the following General Plan Community Design
Element and Design Guidelines:
• Policy 1.2. Encourage high-quality and human scale design in development to
maintain the character of the city. The sign would be constructed from durable
industry standard materials, and the size of the signs are in total 0.3% of the fence
elevation, which ensure a human scale.
• Policy 8.C.5 Placement. The sign would be placed in proximity to the main and
secondary entrances to the equestrian facility.
2. The proposed hanging signs conforms to all numerical size, height, and other
requirements of Section 9-3.543, other than the requested sign exceptions. The
proposed project would establish a sign program for this development.
3. The proposed sign is appropriate within the context of the rural equestrian facility and
compatible with the surrounding area due to the limited overall height and area of the
signage.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings,
as established by Subsection (k) of Section 9-3.543, Signs, of Title 9, Land Use Code of
the City of San Juan Capistrano with respect to the sign exception request:
1. The proposed perimeter fencing sign complies with all other applicable criteria in the
sign code with respect to appropriate sign area which is allowed to go up to 2% of the
elevation to which a sign is mounted, placement because the signs are located at
each of the site entry points, and design because they are proposed of high quality
material consistent with the rural equestrian use and proposed new tubular steel
fencing.
2. The proposed signs would be in harmony with the rural atmosphere of the equestrian
facility which it will serve because the sign is provided with a western font, colors and
design consistent with the rural architecture of the existing building equestrian facility
and proposed perimeter fencing.
3. The proposed signs would not create a hazard to other adjacent properties or tenants.
Specifically, the unassuming size, being affixed to a 6' tall fence, and being
nonilluminated will ensure the signs do not create a hazard to pedestrians, bicyclists,
or motorists along San Juan Creek Road.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the Project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
PC Resolution 23-02-08-01 5 February 8. 2023
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: This Project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, February 23,
2023. This project approval shall be valid for a period of 12 months from the effective date
of approval of this resolution and shall expire on February 23, 2024. The Project approval
shall be valid for a period of one year from the effective date of the Project unless a time
extension request or building permit application related to this discretionary approval is
submitted to the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 8th day of February, 2023.
Joel
Sec
RESOLUTION #: 23-02-08-01
EXHIBIT A
CONDITIONS OF APPROVAL
Project#: Administrative Approval (AA) 23-001 & Sign Program (SP)
22-026
Project Name: Shady Maples Modification
APPROVAL DATE: February 8, 2023
These conditions of approval apply to the above-referenced project application
described in more detail below. For the purpose of these conditions, the term "applicant"
shall also mean the developer, the owner or any successor(s) in interest to the terms of
this approval. These conditions are organized by chronological order in the development
process as well as responsible City Department. The responsible department is noted
in parenthesis after each condition.
Administrative Approval (AA) 23-001 and Sign Permit (SP) 22-026 to allow a
modification to a previously approved Conditional Use Permit, for approximately 3,400
linear feet of 6' tall tubular steel post fence, seven tubular steel post gates, replacing
fencing of various fencing materials, approximately 600 linear feet of new 6' tall white
vinyl fencing, and oval black and silver signage on every gate, located along the
equestrian facility's southern property line, adjacent to San Juan Creek Road located at
28411 San Juan Creek Road (APN 121-223-17, -69, -74, and-83)
General Conditions:
1.
2.
The above referenced entitlement approval is granted for a minor
modification to an equestrian facility development. This approval is
granted based on the application materials submitted by The PRS Group,
applicant, including a site plan dated December 7, 2022. These plans and
the proposed use of the site are approved as submitted and conditioned
herein and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Development Services Director to be in substantial
conformance with the approved tentative tract map, and which do not
intensify or change the use or require any deviations from City Code may
be approved by the Development Services Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (15th ) day
after the date of the Planning Commission's approval.
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
Resolution# 23-02-08-01
Project# AA 23-001 & SP22-026
Shady Maples Modification
Final Conditions of Approval
Date: February 8, 2023
Page 2 of 3
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. In the event that exhibits, and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, then the conditions and/or plans as stipulated in the
later approval shall prevail.
7. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
8. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment. shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Resolution# 23-02-08-01
Project# AA 23-001 & SP22-026
Shady Maples Modification
Final Conditions of Approval
Date: February 8, 2023
Page 3 of 3
9.
10.
11.
12.
13.
14.
15.
16.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
The applicant shall request approval from the City for any deviation from
the approved plans.
The applicant shall obtain a Santa Margarita Water District encroachment
permit for new fencing or gates within SMWD easement areas over the
site.
The applicant shall submit a gate plan to Orange County Fire Authority
using a standard Service Request form.
Final Planning Inspection. At the completion of landscape installation the
applicant shall schedule a final inspection by the Planning Division and
shall pay any outstanding balance in the Developer Deposit Account
assigned to this application.
Plan Compliance. The project shall be constructed per the approved plans
(architecture, landscape, lighting, signage, etc.). Any variations shall be
submitted to the Development Services Department for review and
approval.
The property owner shall be responsible for maintaining the fencing and
signage per approved plans.
Withi ~s from the approval date, to the satisfaction of the
Devel~~ervices Director, the applicant shall either: (1) install
landscaping along the solid 6' tall vinyl fencing and along the portion of
perimeter fencing located between San Juan Creek Road and the solid 6'
tall vinyl fencing in order to substantially screen the solid white vinyl fence
from San Juan Creek Road, or (2) treat the solid 6' tall vinyl fencing with
paint or stain to change the vinyl fence from a white color to a natural
wood color.
Applicant Acceptan~e of onditions
~v,/
By: ~ e!-t..
The PRS Group
Representative for
Shady Maples LLC