PC Resolution-24-04-24-01PC RESOLUTION NO. 24-04-24-01
CONDITIONAL USE PERMIT (CUP) 23-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A REQUEST FOR A CONDITIONAL USE
PERMIT RELATED TO A REQUEST TO ALLOW FOR THE ESTABLISHMENT OF A
RESIDENTIAL NON-COMMERCIAL BEEKEEPING USE FOR PROPERTY LOCATED
AT 27571 SILVER CREEK DRIVE (ASSESSOR PARCEL NUMBER: 650-241-10) AND
FINDING SAID APPROVAL EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO A CLASS 3 EXEMPTION FOR NEW CONSTRUCTION
OR CONVERSION OF SMALL STRUCTURES (APPLICANT: RYAN ALLEN)
Whereas, Ryan Allen, 27571 Silver Creek Drive, San Juan Capistrano, CA
92675, has requested approval of Conditional Use Permit (CUP) 23-007 to allow for four
(4) honeybee hives ("apiaries") for personal non-commercial use on platforms in the rear
of a residential property located at 27571 Silver Creek Drive (APN: 650-241-10). The
subject property, generally located on the northside of Silver Creek Drive, between
Saddleridge Drive and Hillside Terrace, adjacent to the City's northeastern boundary line,
has a General Plan Land Use Designation of Low Density and a Zoning Designation of
RSE-20,000; and,
Whereas, Ryan Allen is the owner of real property located at 27571 Silver
Creek Drive (APN 650-241-10); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt further environmental review under Section 15303, New
Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines as the
project would propose the construction of limited numbers of new, small structures. The
City has also considered whether the 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 .
a. The project is not located in a particularly sensitive environment and
would not have a significant impact on the surrounding environment;
b. There is no possibility of a cumulative impact as the project involves the
placement of four small platforms and four beehives in the rear of the
property;
c. The project is not marked by unusual circumstances. There is nothing
unusual about an existing residential property or the proposed use;
d. The project would not damage scenic resources, including but not
limited to, trees, historic buildings, rock outcroppings, or similar
PC Resolution 24-04-24-01 2 April 24 , 2024
resources, within a highway officially designated as a state scenic
highway;
e. The project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code; and
f. The project would not cause a substantial adverse change in the
significance of a historical resource.
If the project is approved, the Planning Commission directs staff to file with the Orange
County Clerk-Recorder and State Clearinghouse a CEQA Notice of Exemption within five
working days of this action ; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on April 24, 2024 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and has considered all relevant public
comments; and,
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 review under the California Environmental Quality Act per State
CEQA Guidelines Section 15303; Class 3 "New Construction or Conversion of Small
Structures." The entire project is exempt under Section 15303 as the project would
propose the construction of limited numbers of new, small structures. The City has also
considered whether the 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.
a. The project is not located in a particularly sensitive environment and
would not have a significant impact on the surrounding environment;
b. There is no possibility of a cumulative impact as the project involves the
placement of four small platforms and four beehives in the rear of the
property;
c. The project is not marked by unusual circumstances. There is nothing
unusual about an existing residential property or the proposed use;
d. 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;
e. The project is not located on a site which is included on any list
compiled pursuant to Section 65962.5 of the Government Code; and
f. The project would not cause a substantial adverse change in the
significance of a historical resource.
PC Resolution 24-04-24-01 3 April 24, 2024
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
for the proposed non-commercial beekeeping use as established by, Subsection (d) of
Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed noncommercial beekeeping use is consistent with the maps and
policies of the General Plan because this type of use is not prohibited in the Low-
Density land use designation.
2. The proposed noncommercial beekeeping use and design is consistent with the
purpose, intent, and standards of the Land Use Code and RSE-20,000 zoning
district, because the Land Use Code conditionally allows commercial honey
beekeeping as a permitted accessory use on residential properties within the RSE-
20, 000 zoning district. Further, the proposed use would comply with all applicable
Land Use Code development standards. There is no specific plan or
comprehensive development plan that governs the property.
3. The proposed noncommercial beekeeping use would be located within an existing
residential property in the RSE-20,000 zoning district. The site for the proposed
use is large enough in size to accommodate all required setbacks for apiaries. In
addition, there is enough space in the rear of the property to accommodate the
placement of the proposed beehive platforms, wooden steps, and water supply
source. The proposal would not change the existing residential structure or
parking. Therefore, the project is situated on a site with adequate size, shape and
contains an adequate number of parking stalls to accommodate all required
features.
4. The proposed noncommercial beekeeping use would be compatible with abutting
residential properties and the permitted uses thereof and would not generate
excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances,
nuisances, or hazards because the use would comply with all applicable
beekeeping Municipal Code standards. The proposed beehives would maintain a
100-foot distance from any adjacent residential dwelling unit and would be below
the maximum allowable beehive number of ten (10) beehives.
5. The proposed noncommercial beekeeping use would be an accessory use to the
primary residential use and would not impact existing access or parking.
PC Resolution 24-04-24-01 4 April 24 , 2024
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.
RECITALS: The recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
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, May 9, 2024.
This Project approval shall be valid for a period of two years from the effective date of this
resolution and shall expire on May 10, 2026, unless a time extension request is submitted
to the Zoning Administrator or the authorized use that is the subject of this discretionary
approval has been established 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.
ices Director
Project#:
Project Name:
Approval Date:
Effective Date:
EXHIBIT A
PC RESOLUTION NO. 24-04-24-01
CONDITIONS OF APPROVAL
Conditional Use Permit (CUP) 23-007
Honey Bee Apiaries -Allen Residence
April 24, 2024
May 10, 2024
These conditions of approval apply to the above-referenced project application. 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.
General Conditions:
1. The above referenced entitlement approvals are granted for the
establishment of a non-commercial residential beekeeping use located at
27571 Silver Creek Drive (APN 650-241-10). This approval is granted
based on the application materials submitted by Ryan Allen, including a site
plan submitted on February 13, 2023. 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 plans, and which do not intensify or change the use or require
any deviations from adopted standards, may be approved by the
Development Services Director. Major modifications to this approval which
are determined by the Development Services Director to not be in
substantial conformance with the approved plans, require submittal of
updated application materials and the required application deposit. This
Project approval shall become effective following expiration of the fifteen
(15) day appeal period without filing of an appeal application. If not
appealed, this project approval shall be valid for a period of 24 months from
the effective date of approval of this resolution, and shall expire on May 10,
2026, unless a time extension request is submitted to the Zoning
Administrator or the authorized use that is the subject of this discretionary
approval has been established prior to that date.
Resolution 24-04-24-01
Honey Bee Apiaries -Allen Residence Page 2
Conditions of Approval
April 24, 2024
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
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 use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. 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.
9. The use shall comply with Municipal Code Section 9-3.510 (d) at all times.