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Ordinance Number 826.569 ORDINANCE NO. 826 AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - INCREASING THE DENSITY OF HORSES ALLOWED PER ACRE AT COMMERCIAL STABLES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.620(a)(3)(i) TO INCREASE THE DENSITY OF HORSES ALLOWED AT COMMERCIAL STABLES WITH DIRECT ACCESS TO DESIGNATED EQUESTRIANIHIKING TRAILS FROM 25 TO 28 HORSES PER ACRE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findines. WHEREAS, on April 7, 1998, the City Council adopted Interim Urgency Ordinance No. 811, which was necessary to provide minor modifications to the 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 many horses that were being dislocated by the closure of Creekside Equestrian Center, 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. WHEREAS, based upon the above findings it was necessary to adopt Interim Urgency Ordinance No. 811, which established interim provisions for the mitigation of the 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; and, WHEREAS, the Planning Department, in accordance with the provisions of Ordinance No. 811, has concluded a study of the situation and has prepared specific language for considering formal codification of the interim standards to Title 9 of the Municipal Code; and, WHEREAS, the Environmental Administrator reviewed the proposed code amendment language and determined that it will not result in a significant impact upon the environment and has issued a Negative Declaration and has carried out all other applicable requirements of the California Environmental Quality Act; and, WHEREAS, the Parks, Recreation and Equestrian Commission considered the proposed code amendment at its meeting of July 20, 1998, and took an action to forward a recommendation of approval to the City Council; and, 340 WHEREAS, the Planning Commission conducted a duly -noticed public hearing at its meeting of August 25, 1998, to consider public testimony in favor of, or in opposition to, the proposed code amendment and forwarded a recommendation of approval to the City Council; and, WHEREAS, the City Council conducted a duly -noticed public hearing at its meetings of September 15, 1998 and October 6, 1998, to receive and consider public testimony on the proposed code amendment. SECTION 2. Code Amendment. Title 9, Chapter 3, Article 6, Section 9-3.620(a)(3)(i) is hereby amended to increase the density of horses at commercial stables with direct access to designated equestrian/hiking trails from twenty-five (25) horses per usable acre to twenty-eight (28) horses per usable acre. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED October 1998. ATTEST: Y CLERI AND ADOPTED this 20th day of -2- J41 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. 826 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on October 6 , 1998, and adopted at a meeting held on October 20 , 1998, by the following vote: AYES: Council Members Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: Council Member Swerdlin (SEAL) CHERYL JOHN Y CLERK -3-