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Ordinance Number 665ORDINANCE NO. 665 AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - EQUESTRIAN STANDARDS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-4.106 AND 9-3.620 OF THE MUNICIPAL CODE MODIFYING THE PROVISIONS FOR DEDICATION AND IMPROVEMENTS OF EQUESTRIAN/HIKING TRAILS, AND CHANGING THE DEVELOPMENT STANDARDS FOR COMMERCIAL AND RESIDENTIAL EQUESTRIAN STABLES THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The City's Environmental Review Board has reviewed the amendment and determined that it is a minor modification to land use limitations and, therefore, categorically exempt from environmental review, and has otherwise carried out all requirements of the California Environmental Quality Act, as amended. B. This amendment to the Municipal Code will establish policies and procedures relating to trail improvements, dedications, maintenance, and public use. The proposed amendment will clarify existing policies relating to equestrian/hiking trails. This amendment will also modify the standards and regulations for the development of commercial and residential equestrian stables. The proposed amendment will clarify existing standards. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction. Based upon the findings set forth in Section 1, preceding, the following amendments to the Municipal Code set forth under Paragraph B, following, are hereby enacted: B. Amendments. 1. Section 9-4.106 (a) (6) is hereby amended to read as follows: (6) The general widths and grades of the various trails are prescribed in Table 4-3 set forth in this subsection. -1- Facility TABLE 4-3 Standards for Bicycle and Hiking/Equestrian Trails Bicycle trails (off road)* Bicycle lanes (in public roadways) Hiking/ Equestrian trails General Plan** Minimum Width 10 feet 8 feet 20 feet Maximum Grade rV. Match road grade 8% if natural surface and 5% where trail crosses paving or is treated. Hiking/Equestrian trails 10 feet 8% if natural surface and 5% where trail feeder** crosses paving or is treated. *May be reduced to eight feet (8') if restricted to travel in one direction. **Over 8%, switchbacks may be used. This may result in trails wider than noted. 2. Section 9-4.106(c) is hereby amended to read as follows: (c) Improvements and dedications: Bikeways and equestrian/hiking trails shall be constructed as set forth in subsection (a) of this section. All bike trails, general plan, and feeder equestrian/hiking trails shall be dedicated to the City. Private (restricted access) feeder trails shall not be dedicated to the City. Dedicated facilities shall conform to the following requirements: (1) Where bicycle, hiking, and equestrian trails have been prescribed by the General Plan, and where such routes are within property to be developed, or contiguous thereto, the developer shall construct and dedicate such facilities as public use easements. (2) The developer shall construct feeder, bicycle, and equestrian/hiking trails to the master planned facilities from developments generating bicycle, hiking, or equestrian traffic as determined by the City. (3) Trails within developments may be constructed and dedicated as public use easements to the City as required by the nature of the development and as determined by the Council (4) All trails to be dedicated to the City and located outside of public rights-of-way shall be fully contained within easements granted to the City for access, maintenance, and the intended use. The widths of such easements shall conform to the width of the path of trail prescribed in this section. Table 4-3 set forth in subsection (6) of subsection (a) of this section specifies the minimum widths required. Improvement plans shall not be approved until such easements have been recorded with the County Recorder. (5) The following provisions will be required of all subdivisions developed with general plan or feeder equestrian/hiking trails: (a) The developer shall design, improve, and dedicate to the City all General Plan equestrian/hiking trail alignments with his subdivision. -2- 4 4 . (b) The developer shall improve and convey all feeder equestrian/hiking trails to the homeowners' association as a public use easement for all lots within the subdivision. The homeowners' association shall irrevocably dedicate such easements to the City and shall execute and record, in the Office of the County Recorder of the County of Orange, an agreement binding the association, its successors and assigns to keep and maintain such trails to the City standards. The following provisions shall be included within the CC&R's for the subdivision: 1. Provision for maintenance of all equestrian/hiking feeder trails by the homeowners' association. If the developer and City agree that a General Plan trail should be maintained by the homeowners' association, provisions 2, 3, and 4 following, shall also apply to said General Plan trail. 2. Provision requiring prior City approval of any amendment to the CC&R's that will, in any manner, affect the integrity of the feeder trail design standards, the feeder trail system or its level of maintenance. 3. Provision requiring that all trail maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual." 4. Provision within the CC&R's that gives the City the right to assume maintenance of the equestrian/hiking feeder trails if the City determines that the homeowners' association has not maintained the equestrian trails at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs, including administration, shall become a lien on each property or residential lot within the subdivision. (c) The developer of any subdivision having no homeowners' association shall be responsible for construction and maintenance of the feeder trails until the individual property is transferred to the individual owners. The developer shall record deed restrictions on each lot such that the individual property owner shall be responsible for maintenance of that portion of the equestrian trail easement traversing said lot. Said restrictions shall include a clause that ".. . if the individual property owner does not maintain the trail per the minimum standards of the adopted Equestrian/Hiking Trail Design Manual, the City has the right to assume maintenance of the trail system; all costs, including administration shall become a lien on the property." Furthermore, reciprocal easements shall be granted to each and every lot owner for use of said equestrian trail easement(s). (d) All trails shall be designed and improved in accordance with the adopted Equestrian/Hiking Trail Design Manual. Said design and improvements are to be included as a part of the grading plan which is to be reviewed and approved by the City prior to recordation of a final map. All trail improvements are to be installed and certified by the City as to conformance with approved plans prior to release of any use and occupancy permit. (3) Section 9-3.620 (a) (i) is hereby amended to read as follows: (i) Density. The maximum density shall be one acre for every ten (10) horses where the stable does not have access to a designated equestrian/hiking trail. If it has direct access to a designated equestrian/hiking trail, maximum density for commercial stables shall be 25 horses per usable acre. For the purposes of this Section, -3- usable acre is defined as that portion of the total site which is relatively flat (not exceeding 10 percent slope) and which does not encroach into the 100 -year flood area as defined by Section 8-11.07 of the Municipal Code. (4) Section 9-3.620 (b) (1) is hereby amended to read as follows: (1) Setbacks. The setback requirements shall pertain to ail structures which relate to equines, and exercise or grazing areas. Such facilities shall be subject to the following provisions: From Property Line to Paddocks/Box Stall Front Yard Side and Rear Yard 20 Feet 15 Feet From Property Line to Pasture/Exercise Area Front Yard 20 Feet Side and Rear Yard* 10 Feet Front, Side and Rear Yard 0 Feet in AG District *An exception may be granted by the Zoning Administrator to vary from this standard, subject to the provisions of Section 9-2.303(c). From Pasture/Exercise Area to Setback Line 35 Feet for Residential Structures on Adjacent Lot From Pasture/Exercise Area and Paddocks/Box 0 Feet to Residence on Same Lot From Paddocks/Box Stall to Setback Line for 50 Feet Residential Structure on Adjacent Lot (5) Section 9-3.620 (b) (2) is hereby amended to read as follows: (2) General development standards: (i) Equines may be kept within the Single -Family (RS), Garden Home (RD), and Planned Residential Development (PRD) Districts where specific equestrian facilities are designed into the development and equestrian trails are established adjacent to all equine facilities. Developments with common equine stables or corrals shall conform to the development standards set forth in subsection (a) of this section for commercial stables. (ii) Equines may be kept on individual lots within the General Agriculture (AG), Small Farm (RA), Large Estate (EL), and Small Estate (ES) District provided the following standards are met: -4- Number of Horses/Lot Size: Minimum Lot Area for Equestrian Use: 1 horse per 10,000 square feet of overall lot size. 2,500 square feet for the first horse, of which 500 square feet must be flat (slope no grater than 10%). For each additional horse beyond one, an additional 500 square feet of flat land shall be provided. Number of Horses that Requires a Conditional Use Permit: If your property is 2 acres or less, you may keep 4 horses without needing a CUP. If your property is between 2 and 5 acres, you may keep 6 horses without needing a CUP. If your property is more than 5 acres, you may keep 10 horses without needing a CUP. For the purposes of this section, a mare and a foal (up to 8 months of age kept together) shall count as one horse. Approval of a Conditional Use Permit is required to exceed the above limitations. (6) Section 9-3.620 (a) (3), General Development Standards, is amended to read as follows: 10(3) The establishment of a commercial equestrian stable, as defined by this section and as identified in specific zoning districts, shall require approval of a Conditional Use Permit. The requirement for a Conditional Use Permit is necessary in order to consider the following issues before such a use could be established: (1) ability of the site to accommodate the use; (2) compatibility of the keeping of horses with adjacent areas; (3) determination on the number of horses that the site and its specific location can accommodate; and, (4) compatibility of its design with the surrounding land uses. The following general development standards shall be satisfied for the maintaining of horses:" (7) Section 9-3.620 (a) (3) (vii), Site Development Coverage, is added to read as follows: "(vii) A maximum of 20 percent of the usable site may be devoted to buildings, covered areas, feed storage structures, paved parking areas, barns, caretaker residence, covered paddocks, offices and other covered structures. Uses which are not to be considered in calculating building coverage are those support uses which are open in character including but not limited to open arenas, open paddocks, pastures, hot walkers, wash racks, picnic areas, etc. Usable site is that defined by Section 9-3.6204a) (i). The Planning Commission may grant an exception from this section during review of a Conditional Use Permit provided a positive finding can be made for the following: (1) the facility is of superior quality and compatible with the surrounding area; and, (2) the project includes community benefits greater than could be achieved with strict adherence to the standard." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -5- 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 is 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, AND ADOPTED this 15th day of May 1990. G Y L. USDOR ER, MAY ATTEST: (2. -- �i� kA CITY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, GEORGE SCARBOROUGH, Acting 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. 665 which was introduced at a meeting of the City Council of the City of San Juan, Capistrano, California, held on May 1 , 1990, and adopted at a meeting held on May 15 , 1990, by the following vote: AYES: Councilmen Friess, Buchheim, Bland and Mayor Hausdorfer NOES: ABSTAIN: Councilman Schwartze ABSENT: