Ordinance Number 814273
ORDINANCE NO. 814
AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 811,
AUTHORIZING MINOR EXPANSION OF APPROVED EQUESTRIAN
STABLES TO INCREASE THE PERMITTED DENSITY OF HORSES AND
AUTHORIZING ADMINISTRATIVE APPROVAL OF RELATED
IMPROVEMENTS IN ORDER TO PROVIDE SHELTER FOR HORSES THAT
FACED IMMEDIATE RELOCATION DUE TO THE CLOSURE OF AN
EXISTING EQUESTRIAN CENTER, BASED UPON THE FINDINGS THAT
SUCH INTERIM PROVISIONS ARE NECESSARY TO RESPOND TO AN
IMMEDIATE THREAT TO THE PUBLIC'S HEALTH, SAFETY AND
WELFARE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WHEREAS, California Government Code Section 65858(a) permits local
jurisdictions to establish interim urgency ordinances for specified periods to conduct planning
studies on specific issues that may have an immediate impact upon the public's health, safety, and
general welfare if such ordinance was not imposed; and,
WHEREAS, due to the closure of the Creekside Equestrian Center, a significant
number of horses are being dislocated; and,
WHEREAS, there is not a sufficient number of vacant stall spaces at existing stable
facilities within the City and Orange County that can accommodate this dislocated horse
population; and,
WHEREAS, these horses were to vacate the Creekside Equestrian Center by
April 30, 1998; and,
WHEREAS, there was not adequate time to conduct a planning study to increase
capacity at existing facilities nor process development applications under the present regulations
as permitted by the Municipal Code; and,
WHEREAS, on April 7, 1998, the City Council adopted Interim Urgency
Ordinance No. 811, which was necessary to provide minor modifications to the present Municipal
Code to slightly increase the overall capacity at existing facilities. This ordinance language
allowed the City, in concert with existing stable operations, to accommodate the relocation of
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many of those horses that were being dislocated without placing them in a situation that would be
detrimental to their health and safety and the general health, safety and general welfare of the
community; and,
WHEREAS, based upon the above findings, it was necessary to adopt Interim
Urgency Ordinance No. 811, which established interim provisions for the mitigation oethe
dislocation of a significant number of horses that were located at the Creekside Equestrian Center
to ensure that the potential immediate threat to the public health, safety and general welfare was
mitigated.
WHEREAS, the Planning Services Department is in the process of preparing the
specific language for considering formal codification of the interim standards and scheduling
hearings with the Parks, Recreation and Equestrian Commission, the Planning Commission and
the City Council to consider an amendment to Title 9 of the Municipal Code, a process which is
not anticipated to be complete until October, 1998. Since the initial interim urgency ordinance
would expire prior to the completion of the public review hearing process necessary to consider
an amendment to the Municipal Code, it is necessary to extend Interim Urgency Ordinance No.
811 in accordance with the provisions of California Government Code Section 65858(a); and,
WHEREAS, on May 19, 1998, the City Council conducted a duly -noticed public
hearing in accordance with California Government Code Section 65090 to consider public
testimony in favor or and in opposition to the proposed extension of Interim Urgency Ordinance
No. 811.
The Planning Director is hereby authorized to administratively approve an increase
in density for previously -approved commercial equestrian stables located adjacent to designated
General Plan equestrian trails from 25 to 28 horses per acre as defined in Section 9-3.620. Said
administrative approval shall include review and approval of improvement plans for the
additionally -authorized stall space, subject to the findings that all improvement are determined to
be consistent with all other applicable provisions of the Municipal Code.
The Planning Services Department is hereby directed to perform a planning study
to evaluate the long-term impacts of said interim regulations and provide a report and
recommendation on whether said provisions should be amended as permanent language into the
City's Municipal Code.
Pursuant to Government Code Section 65858(a), this Urgency Ordinance, extending
Interim Urgency Ordinance No. 811, shall take effect and be in force on the date of its adoption,
and shall be of no further effect or force ten (10) months and fifteen (15) days from its adoption.
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The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 19th day of
May . 1998.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 814 which was'aMar-Haar,Mwrau�rwras,vm6rknt'.risa.d3rarY.rn6Y nfvi�u.fi�,atvr.nu�Trmn
(XJ if x�I4 i ig$ Y84mx�i4 xXkA,A.BKmad adopted at a
meeting held on May 19 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones .
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH ON CITY CLERK
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