Ordinance Number 958ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING CODE AMENDMENT (CA) 08-
04 (TITLE 9 — LAND USES) PERTAINING TO EQUESTRIAN
COMMERCIAL AND NON-COMMERCIAL STANDARDS
WHEREAS, on January 15, 2008, the City Council directed staff to pursue a code
amendment to the City's Title 9 (Zoning) , Section 9-3.515 regulations pertaining to
equestrian commercial and non-commercial standards; and,
WHEREAS, staff has prepared draft amendments to Title 9 (Zoning) regulations
pertaining to equestrian commercial and non-commercial standards; and,
WHEREAS, a Negative Declaration and Initial Study were prepared consistent with
the California Environmental Quality Act (CEQA) Guidelines and no potentially
significant impacts related to the proposed code amendment were identified; and,
WHEREAS, the Equestrian Ad -Hoc Committee reviewed Code Amendment (CA)
08-04 at seven (7) meetings; and,
WHEREAS, the Parks, Recreation, and Equestrian Commission reviewed Code
Amendment (CA) 08-04 at two (2) meetings; and,
WHEREAS, the Planning Commission conducted one (1) workshop on September
9, 2008 and conducted two (2) public hearings on March 24, 2009 and April 14, 2009
and recommended approval of Code Amendment CA 08-04 and certification of the
Negative Declaration 1 Initial Study to the City Council; and,
WHEREAS, on May 5, 2009 the City Council of the City of San Juan Capistrano
conducted duly noticed public hearing regarding the proposed code amendment and
environmental documentation (Negative Declaration and Initial Study); and,
WHEREAS, the City Council carefully considered all oral and written testimony at
the public hearings; and,
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS;
Section 1. The Negative Declaration / Initial Study is hereby certified.
Section 2. San Juan Capistrano Municipal Code Section 9-3.515 is amended
pursuant to provisions set forth in Exhibit A.
0958
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 with 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) 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 19th day of May, 2009.
7
NIELSEN, MA .OR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 958
which was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 5th day of May 2009 and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the 19th day of
May 2,,09 by the following vote, to wit:
AYES: UNCIL MEMBERS:
NOES MEMBERS:ABSf C�UNCIL
UNCIL MEMBERS:
4_
Allevato, Hribar, Freese, Uso, and Mayor Nielsen
None
None
C4i
2 0858
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO }
I; MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and
qualified City Clerk of the City of San Juan Capistrano; That in compliance with State
laws, Government Code section 35933(1) of the State of California, on the 6 t day of
May 2009, at least 5 days prior to May 19, 2009, the date of adoption of the ordinance, I
caused to be posted, in the City Clerk's Office a certified copy of the proposed
Ordinance entitled:
AN ORDINANCE OF THE CITY Ci
CAPISTRANO, CALIFORNIA ADO
04 (TITLE 9 — LAND USES
COMMERCIAL AND NON -COMMS
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF SAN JUAN CAPISTRANO }
THE CITY OF SAN JUAN
E AMENDMENT (CA) 08-
ING TO EQUESTRIAN
JDARDS k
Capistrano,\CJifornia
AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and
qualified City Clerk of the City of San Juan Capistrano; That in compliance with State
laws, Government Code section 36933(1) of the State of California. On the 20th day of
May 2009 1 caused to be posted, in the City Clerk's office, a certified copy of Ordinance
No. 952, adopted by the City Council on May 19, 2009 entitled:
AN ORDINANCE OF THE CITY CO IL O THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADO, TIN E AMENDMENT (CA) 08-
04 (TITLE 9 — LAND USES) PE, 'ING TO EQUESTRIAN
COMMERCIAL AND NON -COMMERCIALS ' NDARDS
I V 14 JA / ()PD �:ft
MAR�A ONA N, IT CLER
San Juen Cap trano, C 1[ rnia e
2 0858
EXHIBIT A
Sec. 9-3.515. Equestrian Standards (Commercial and Non -Commercial Stables).
(a) Purpose and Intent. The purpose of this section is to establish provisions and
procedures that will ensure that the City will continue to realize the benefits of the
equestrian community; support the equestrian lifestyle; protect the natural environment;
provide watershed protection; and maintain the aesthetics and community character. The
provisions of this ordinance are enacted to.
(1) Provide appropriate design standards and criteria for keeping and protection of equine
on private property;
(2) Create, enhance, and protect the equestrian and rural atmosphere by integrating open
space areas and multi -use trails into equestrian oriented development,
(3) Achieve visually pleasing and compatible relationships between buildings and
accessory structures, multi -use trails, open space areas, and the natural environment
by providing appropriate buffers between equestrian and non -equestrian uses;
(4) Comply with requirements set forth in City, State and Federal law;
(5) Protect the public, health, safety, and general welfare.
(b) Applicability.
The regulations in this Section shall apply to all commercial stables and non-commercial
stables located within the City. All stables shall be required to adhere to all development
and operational standards as set forth in this Section.
(c) Commercial Stables.
(1) For the purposes of this section, "commercial stables" shall mean any place where
horses or other equine are kept, housed, boarded, lodged, fed, hired, trained, sold,
rented, or bred for monetary compensation.
(2) For the purposes of this section, "multi -use" trails shall mean trails that are used for
equine, hiking, and bicycles.
(3) Setbacks. The setback requirements set forth in Table 3-21 shall pertain to all
equestrian related structures, including, but not limited to paddocks, corrals, arenas,
barns, box stalls, and fly -tight manure bins, except pastures, grazing areas, and
access roads. For the purposes of this section "Setback" is defined in Appendix `A',
Figure 13.
Table 3-21, Commercial Stable Setbacks
Location
Minimum Setback
Front Yard
50 feet`
Side Yard
25 feet*
(May be reduced to five (5) feet if the interior side yard is
ad'acent to another commercial stable
Rear Yard
Five 5 feet*
*All structures shall maintain a minimum of 100 feet from any property which is used,
zoned, or shown on the General Plan for residential use. No paddock, box stall, or corral
shall be located within 100 feet of any school, hospital or similar institution as measured
from the property line.
(4) General Development Standards.
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, except that minor increases in existing stable density may be approved
administratively in accordance with subsection 9-3.515(c)(3)(A)(ii) of this Section. 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 with areas adjacent to the keeping of equines;
(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.
Commercial equestrian stables shall comply with the following general development
standards:
(A) Maximum Equine Density.
(i) The maximum number of equines allowed at a commercial equestrian stable shall
be as follows. For the purposes of this section, "usable acre" is defined as that portion
of the total site which is relatively flat (not exceeding ten percent (10%) slope) and
which does not encroach into the 100 -year flood area as defined by the Federal
Emergency Management Agency (FEMA):
(a) The maximum density shall not exceed ten (10) equines per usable acre where the
stable does not have the ability to access a General Plan designated equestrian/hiking
trail.
(b) The maximum density shall not exceed twenty-eight (28) equines per usable acre
where the stable has the ability to access a General Plan designated equestrian/hiking
trail. For the purposes of this section, "access" shall mean that said equestrian stable
is located adjacent to an equestrian easement such as a feeder trail that serves a
General Plan designated equestrian/hiking trail or trail(s) that are located in the
vicinity.
(ii) Minor Density Increases. The Community Development Director shall be
authorized to approve a minor increase in equine density not to exceed ten percent
(10%) at an existing stable in accordance with this subsection.
(a) The Community Development Director may approve a minor increase in equine
density if the Community Development Director finds that:
(1) The proposed density increase would not increase the existing number of equines
at the subject site by more than ten percent (10%);
(2) The subject site is lawfully operating in accordance with a previously approved
Conditional Use Permit and the Conditional Use Permit establishes a horse density
that is less than the maximum density allowed in Section 9-3.515(c)(3)(A)(i);
(3) The proposed density increase would comply with the development standards and
requirements set forth in this Section;
(4) The proposed density increase would not exceed the maximum densities set forth
in Section 9-3.515(c)(3)(A)(i);
(5) No prior density increase has been approved administratively for the subject site.
If a density increase has been previously approved for the subject site then any further
2
requests for density increases shall require approval of a Conditional Use Permit
Modification, said modification shall be granted by the Planning Commission;
(b) The Community Development Director shall have the authority to impose any
conditions of approval deemed necessary to ensure compliance with the standards
and requirements set forth in this Section;
(c) The Community Development Director shall have the authority to inspect the
property to ensure that property is in compliance with any conditions that may be
attached to the approved density increase;
(d) The Community Development Director shall have the authority to modify or revoke
such administrative approval if the Community Development Director determines that
the property is operating in violation of any code requirement or condition of approval.
Such modification or revocation may be appealed to the Planning Commission;
(B) Maximum Building Height. The maximum building heights for equestrian related
structures are as follows:
Box Stalls: twenty-five (25) feet;
Hay Storage structures: thirty-five (35) feet;
Covered Arenas: thirty-five (35) feet;
Stand Alone Office structures: twenty (20) feet.
Equestrian -related structure with second floor ancillary uses: thirty-five (35) feet.
Accessory structures (e.g. windmills, water tanks, etc.): twenty-five (25) feet. The
maximum building height for all equestrian related structures shall be subject to final
discretionary approval by the Planning Commission.
(C) Landscaping, Landscape Buffers, and Irrigation. The landscaping and irrigation
system shall be subject to review during the development review process and shall
require the following:
(i) Commercial stables located adjacent to residentially zoned land or public streets
shall provide a fifteen (15) foot landscaped buffer area. Said area shall include trees,
shrubs and groundcover.
(ii) A minimum five (5) foot buffer area with perimeter trees, shrubs, and groundcover
shall be provided adjacent to all property lines.
(iii) An approved water conservation irrigation system shall be provided to serve all
landscape areas.
(D) Signs. All signs shall conform to the requirements of Section 9-3.543.
() Lighting. All security lighting shall be such that it is directed onto the site. All
lighting shall conform to the requirements of Section 9-3.529.
(F) Access Roads. All access roads shall be finished with asphalt, aggregate base,
decomposed granite or equivalent material as approved by the City Engineer. The
extent of finished roads and the stable's circulation system shall be determined during
the development review process.
(G) Building Area. A maximum of thirty (30) percent of the usable acres may be
devoted to buildings, covered areas, feed storage structures, impervious surface
parking areas, barns, caretaker residence, covered paddocks (roofed areas only),
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, pervious concrete/surfaces, etc. "Usable Acre" is that defined by
subsection (a)(3)(A)(i) of this Section.
(H) Development procedures. The procedures for development shall be as set forth in
Article 3 Development Review Procedures of Chapter 2 of this title.
(1) Equestrian Shows and Exhibits. For the purposes of this section, equestrian shows
and exhibits shall mean equine related events that are juried, provide instruction or
demonstration to exhibitors and where participants will attend and perform. Said
shows and exhibitions shall be permitted only at approved commercial stables, unless
otherwise permitted by the City Council. Equestrian Shows and Exhibits shall require
review and approval by the Community Development Director for major events. Major
events shall be larger, sanctioned events which draw participants and attendee's from
out of the area and that create impacts to traffic, parking, noise, lighting or public
safety.
The Community Development Director shall have the authority to prescribe the type
and form of information required for the Administrative Approval application.
Applications to conduct an equine show or exhibit shall be submitted at least fourteen
(14) business days prior to the scheduled event to the Community Development
Department for either approval or denial pursuant to Section 9-2.303 Administrative
Approvals.
(J) Minor events shall be exempt from this section. For the purposes of this section,
Minor events shall mean any event that does not invite the general public and that
takes place and is isolated within the facility property boundary. However, said events
shall adhere to all other Municipal Code regulations and standards.
(K) Exterior sides which are to enclose structures shall be finished with wood, stucco,
masonry, or other material of similar texture and durability.
(L) The roof material of structures shall be slate, tile, asphalt shingle, colored
corrugated metal or standing seam, or other material of similar appearance, texture,
substance, and durability as approved by the Community Development Director.
(M) Fencing. Where equines are kept within paddocks and stables, fences shall
maintain a height of at least five feet and shall be of such construction as to preclude
the escape of equines. Said fencing shall be constructed with wood, masonry, metal
bar construction, heavy -gauge metal wire or polyvinyl (that meets industry standards)
or other appropriate material as approved by the Community Development Director.
(N) Public Toilets. A minimum of one public bathroom for each sex shall be provided.
Portable outdoor bathroom facilities shall be permitted for areas located within a
FEMA -designated flood zone and may allow use by moth men and women. All other
facilities shall be of permanent construction.
(0) Maintenance. All stables shall be maintained in such a manner as to insure the
health and safety of all equines and the structural integrity of all buildings, corrals,
paddocks, barns and fences.
(P) Emergency Plan. All stables shall maintain an Equestrian Emergency Pian. An
Equestrian Emergency Plan shall be submitted to the City Manager or designee, for
approval once every four years. The Plan shall include, but not be limited to, an
emergency action checklist that identifies the organization for emergency response
and actions to be taken during an emergency, and the identity of all staff, facilities,
number (quantity) of stalls, major equipment and supplies available for emergency
use, relocation sites and emergency contact information. The City Manager or
Designee may provide a template for a Plan that meets the requirements hereunder.
(Q) Stable Management. The management of commercial stables shall meet the
requirements of the Orange County Environmental Health Department to ensure that
4
environmental impacts are kept at a minimum and shall maintain a valid Animal
Control permit issued by the Health Department at all times.
(R) Employee Housing. In order to provide for the health and safety of equines and
structures, caretaker residences may be established on the premises. Such
residences shall meet the requirements set forth in Section 9-3.511 Caretaker
Residences.
(S) All stables shall comply with all provisions and regulations of Municipal Code
Chapter 14 Water Regulations and with the City's Equestrian — Related Water Quality
Best Management Practices Manual.
(d) Non -Commercial Stables.
Non-commercial residential stables and equestrian facilities. Equines may be maintained
within residential districts where permitted, subject to the provisions of this section. All such
uses shall be restricted to a private non-commercial activity.
(1) For the purposes of this section, non-commercial stables shall mean any place where
equines are kept for the use and enjoyment of the occupants of the premises, or a
noncommercial facility for the use of a private homeowner association.
(2) Setbacks. The following setback requirements shall pertain to all structures which
relate to the keeping of equines, and exercise or grazing areas. Such facilities shall
be subject to the following provisions:
From property lime to paddocks/stall on same lot:
Front yard 20 feet
Side and rear yard 15 feet
From property line to pasture/exercise area on same lot:
Front yard 20 feet
Side and rear yard 10 feet
From pasturelexercise area to setback line for residences on adjacent lot:
Front yard 35 feet
Side and rear yard 35 feet
From pasture/exercise area and paddocks/stall to residence on same lot:
Front yard 0 feet
Side and rear yard 0 feet
From paddockslstall to setback line from residence on adjacent lot:
Front yard 50 feet
Side and rear yard 50 feet
(3) General Development Standards.
(A) Equines may be kept within the Residential/Agriculture (RA), Hillside Residential (HR),
Single -Family -40,000 (RSE-40,000), Single -Family -20,000 (RSE-20,000), Single -Family -
10,000 (RS -10,000), Single -Family -7,000 (RS -7,000), Residential Garden -7,000 (RG-
7,000), Single -Family 4,000 (RS -4,000), Residential Garden -4,000 (RG -4,000), and
Planned Community (PC) Districts where common equestrian facilities are designed into the
development and equestrian trails are established adjacent to all equestrian facilities or
where access can be reasonably achieved as determined by the Community Development
Director. Developments with common equestrian stables or corrals shall conform to the
development standards set forth in subsection (c) of this section for commercial stables.
(B) Equines may be kept on individual lots within the Agri -Business (A),
Residential/Agriculture (RA), Hillside Residential (HR), Single -Family -40,000 (RSE-40,000),
and Single -Family -20,000 (RSE-20,000) Districts provided the following standards are met:
(i) Number of horses/lot size.
(a) One equine per 10,000 square feet of overall lot size.
(ii) Minimum lot area for equestrian use.
(a) 2,500 square feet for the first horse, of which 500 square feet must be flat (slope no
greater than ten (10) percent). For each additional horse beyond one, an additional 500
square feet of flat land shall be provided.
(iii) Number of equines that require a conditional use permit.
(a) if the property is two (2) acres or less, four (4) equines may be kept without needing a
conditional use permit.
(b) If the property is between two (2) and five (5) acres, six (6) equines may be kept without
needing a conditional use permit.
(c) If the property is more than five (5) acres, ten (10) equines may be kept without needing
a conditional use permit.
For the purposes of this section, a mare and a foal (up to eight (8) months of age kept
together) shall count as one horse.
(C)The roof material of equestrian -oriented accessory structures such as barns, and stables
shall be slate, tile, asphalt shingle, colored corrugated metal or standing seam, or other
material of similar appearance, texture, substance, and durability as approved by the
Community Development Director.
(D) Perimeter Fencing. Perimeter fences shall maintain a height of at least five feet and
shall be of such construction as to preclude the escape of equines. Said fencing shall be
constructed with wood, masonry, metal bar construction, polyvinyl (that meets industry
standards) or other appropriate screen material as approved by the Community
Development Director.
(e) Non conformities. The nonconformities section shall apply only to Commercial
Stables.
Non -conforming equestrian uses and/or structures shall be subject to the following;
(A) Except as provided in this section, all existing buildings, structures, fences, enclosures
and uses of land, including the number of equines allowed by this section, which do not
conform to the provisions of this section, but were existing as legal -conforming uses or
structures on February 4, 2008, shall be considered legal non -conforming uses and/or
structures for purposes of this section.
(B) The owner of property with equestrian uses or structures that have been rendered non-
conforming by the provisions of this section shall file a written, non -conformity statement
with the Community Development Director in order to establish a record of and the right to
continue the non -conforming uses or structures.
(C) The property owner desiring to establish the legal, non -conformity of equestrian uses or
structures shall file a written non -conformity statement with the Community Development
PC
Director no later than four months after the adoption of this chapter. Failure to do so will
render the non -conforming use as unlawful and will require discontinuance of the use and
removal of all equestrian uses and structures no later than November 1, 2009.
(1) A written non -conformity statement shall include:
(a) The ownership of the lot or parcel;
(b) If the non -conformity involves the keeping of more than the maximum allowable equines
on a vacant or developed lot or parcel, or on any combination of contiguous lots or parcels
which are owned or under the control of the same individual(s), a statement identifying the
owner of each animal kept on the subject property;
(c) Permission from the owner for a City representative to enter upon said lot or parcel to
verify, inspect, and photograph the non -conforming condition; and,
(d) Any additional information, as required by the Community Development Director.
(2) Upon submittal of the written non -conformity statement to the Community Development
Director, the Director or his or her representative shall verify the nonconforming condition
through a site visit to the property. Upon verification of the non -conforming condition, the
Community Development Director shall keep on file a record of the non -conforming
condition.
(a) Code Enforcement Compliance. If an existing site condition is deemed illegal by the City
or is in a current state of Code Enforcement, said property owner shall gain compliance
prior to the City approving and recording a non -conforming statement.
(3) Except as provided below, the acceptance and verification of a written non -conformity
statement by the Director shall permit the non -conforming condition to continue as follows:
(a) The boarding of equines on a lot or parcel or on any combination of contiguous lots or
parcels which are owned or under the control of the same individual(s), shall be permitted to
continue pursuant to Section 9-3.033 of this Code.
(b) Non -conforming conditions may continue until abandoned by a change of use or
cessation of the equestrian use for longer than a six-month period.
(4) The Director shall cause each non -conformity statement which is issued to be recorded
with the county recorder. The recorded document shall clearly describe the uses and/or
structures that are allowed to continue on the property.
(5) If no written non -conformity statement has been submitted to the Community
Development Director pursuant to this Section, or if the property owner does not allow the
Community Development Director or his/her representative to verify the non -conforming
condition, it shall be presumed that the nonconforming condition was illegal at the time of
adoption of the ordinance establishing these regulations.
(D) Certificate of Compliance. Commercial stables that have provided documentation
proving compliance with applicable Municipal codes shall be issued a Certificate of
Compliance. To assist the City in making the determination of compliance the required
documents may include facility entitlements, record drawings/maps of the facility, building
permits, and similar records of land use approval.
End of Code
7