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Resolution Number 90-3-6-5105 RESOLUTION NO. 90-3-6-S AUTHORIZING PREPARATION AND EXECUTION OF LICENSE AGREEMENT PRIVATE BARN AT 30001 HILLSIDE TERRACE MAYER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE PREPARATION AND EXECUTION OF A LICENSE AGREEMENT FOR THE DEVELOPMENT OF A PRIVATE BARN AT 30001 HILLSIDE TERRACE AND FOR THE USE OF THE ADJOINING PUBLIC EQUESTRIAN EASEMENT TO SERVICE THE BARN (MAYER) WHEREAS, the applicant, Mr. Robert Mayer, 30001 Hillside Terrace, has submitted an application for approval of an equestrian barn in a privately -owned Open Space (OS) District located at 30001 Hillside Terrace; and, WHEREAS, the City's Environmental Review Board has determined that this project is Categorically Exempt (Class 1) from the California Environmental Quality Act; and, WHEREAS, The City Council of the City of San Juan Capistrano finds and determines that the proposed equestrian barn complies with Section 9-3.510 (03)(b) of the Municipal Code which requires that any construction activity, including but not limited to grading, shall not encroach into the 200 -foot horizontal buffer adjacent to a designated ridgeline. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby authorize the preparation and execution of a license agreement to allow the applicant to develop a private barn in a City -controlled Open Space (OS) district at 30001 Hillside Terrace and to utilize the adjoining public equestrian easement to service the barn, subject to the following conditions: 1. As it relates to the barn, the license agreement shall include the following provisions: a. The license agreement is only effective upon the approval of a Conditional Use Permit for the construction of the barn in the Open Space District. 2. As it relates to the use of the public equestrian easement, the license agreement shall include provisions concerning: a. The type of vehicles allowed on the easement. b. The amount of vehicle trips. c. The level of bonds required to repair the trail from damage by the vehicles. d. The level of maintenance fees to maintain the trail. e. Indemnification of the City. -1- 3. Construction of the equestrian facility shall not commence on the property until the licensing agreement has been authorized and executed by the City Council. PASSED, APPROVED, AND ADOPTED this 6th day of March 1990. ANTHONY L. AND, MAYOR PRO TEM ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 90-3-6-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day Of March , 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim and Bland NOES: None ABSENT: Mayor Hausdorfer (SEAL)/ /ees ��n �� MARY A V R, CITY CLERK -2-