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,
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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
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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
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