Resolution Number 88-4-5-2039
RESOLUTION NO. 88-4-5-2
APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT 81-5 (HARRIS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING MODIFICATIONS
TO CONDITIONAL USE PERMIT 81-5 (HARRIS) FOR AN
ADDITIONAL 69 HORSES FOR A MAXIMUM OF 365 HORSES,
RELATED BARN STRUCTURES, AND ACCESSORY STRUCTURES
WHEREAS, the applicant, Mr. Jerry Harris, 31441 Avenida de la Vista, San
Juan Capistrano, California, has submitted an appeal of the Planning Commission action
to deny 69 additional horses for a total of 365 horses and related barn structures, and
Condition No. 3 of Planning Commission Resolution No. 88-1-26-3 related to
improvements to Trabuco Creek; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will not have a significant effect on the environment, has accordingly
issued a Negative Declaration for the project, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, a public hearing has been duly noticed and held to receive public
testimony on the application; and,
WHEREAS, the City Council hereby finds and determines as follows:
A. The application is consistent with the goals, policies, and objectives of
the General Plan, specifically the Open Space Element.
B. The proposed development, as designed and conditioned, is in
conformance with the provisions of Title 9 (Land Use) of the Municipal
Code, specifically Section 9-3.620, setting forth development and
operational standards for equestrian stables.
C. The proposed land use is compatible with existing and proposed uses
within the immediate vicinity, through compliance with the operational
standards of the City's Municipal Code.
D. The subject property is capable of accommodating the proposed land use
and its associated development, in that the site is not encumbered by
slope or creek areas as conditioned.
NOW, THEREFORE, BE IT RESOLVED, that based upon the preceding findings,
the City Council of the City of San Juan Capistrano does hereby approve modifications
to Conditional Use Permit 81-5 (Harris), subject to the following conditions:
1. This Conditional Use Permit approval shall apply to increasing the total
number of horses authorized to 365 and only to those plans specifically
reviewed by the City Council. Final working drawings shall be consistent
with said plans reviewed by the City Council and shall be in a manner
prescribed by the Building Official. The working drawings shall be
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reviewed and approved by the Director of Community Planning and
Development prior to building permit plan check to insure such
consistency and the following applicable conditions.
2. All conditions of Planning Commission Resolution No. 81-7-28-1 for the
original approval of Conditional Use Permit 81-5 shall also apply to this
resolution.
3. The applicant shall enter into an agreement to participate in the
installation of flood control improvements for Trabuco Creek along the
westerly property boundary of the project as recommended by the
Oso/Trabuco Hydrology Study. Said agreement shall limit the amount of
participation to the above-described area. Said agreement shall be
executed prior to the issuance of Certificates of Use and Occupancy
permits for the additional buildings authorized by this resolution.
4. All structures built and/or located on the site shall comply with
applicable City requirements, including valid building permits for all
work.
5. All structures shall comply with applicable design standards of the
National Flood Insurance Program as administered by the Federal
Emergency Management Agency.
6. The applicant shall provide a total of 73 on-site parking spaces in
conformance with Section 9-3.602 of the Municipal Code which are to be
identified on the site plan and reviewed with the final working drawings
per Condition Number 1 above.
7. All requirements of Section 9-3.620 of the Municipal Code shall be
satisfied at all times for each structure on the property.
8. Adequate dust control practices shall be carried out to limit blowing dust
and/or sand to any off-site property, in accordance with Section 9-3.621
of the Municipal Code.
9. The facility shall satisfactorily comply with all requirements of the
Orange County Health Department.
10. All new structures shall match the materials and colors of structures on
the existing facility.
11. The applicant shall submit a detailed landscaping and irrigation plan to
the Director of Community Planning and Development for review and —.
approval prior to issuance of building permits.
12. The applicant shall comply with all requirements of the Orange County
Fire Department regarding the installation of fire prevention facilities.
13. Nothwithstanding the provisions of Municipal Code Section 9-2.303, the
time limit for establishing the uses and structures approved under this
Conditional Use Permit shall be extended to 12 months following the
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date that the structures proposed are determined by the Building Official
to fully comply with the requirements of the Federal Emergency
Management Agency under the National Flood Insurance Program.
PASSED, APPROVED, AND ADOPTED this 5th day
of April 1988.
ANTHONY . LAND, MAYOR
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. RR -d-5-9 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
of April , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, and
Mayor Bland
NOES: None
ABSENT: Councilman Hausdorfer
(SEAL)
MARY ANN,ANOVER, CITY CLERK
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