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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.