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PC Resolution-12-11-27-01MODIFICATION • CUP 78-6 • • • Whereas, The Oaks, Inc. have requested approval of Conditional Use Permit (CUP) 12-013, modification to CUP 78-6 to allowthe relocation of a 36 -stall stable structure and expand and convert a Stallion Pen into a Lunging Ring on property located at 31000 Avenida Siega which is General Plan -designated 2.2 Medium Low Density and 1.0 General Open Space and has a Zoning Designation of Open Space Recreation (RS -10,000); and Open Space Recreation (OSR) on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 3 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(4) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, Whereas, the Planning Commission conducted a duly -noticed public hearing on November 27, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Division Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE,- RESOLVED, - Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Sectionof - 9, Land Use Code of the City of San Juan Capistrano: The proposed use and design are consistent with the maps and policies of the General Pian, specifically, the Land Use Element because it designates the project site and adjacent "equestrian facilities" as "OSR" (Open Space Recreation) on the General Plan Land Use Policy Map and the "OSR" designation provides for the "Preservation of the equestrian lifestyle by designating land for the preservation or provision of new equestrian facilities"; and, PC Resolution 12-11-27-1 2 November 27, 201 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved because the property is zoned "OSR" (Open Space Recreation) which allows Commercial Equestrian Facilities subject to approval of a CUP (Conditional Use Permit). The property secured CUP 78-6 for a commercial stable and has been operating as such since 1979; and furthermore, the proposed project is consistent with CUP 78-6; and, 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the City's Municipal Code Section 9-3.515, Equestrian Standards requires a minimum 5 foot rear yard setback for stables and a 25 foot minimum side yard setback. The relocated structure has a 15 foot rear yard setback and a 410 foot side yard setback. The structure has a height of 11'-10" which is under the maximum permitted height of 25 feet; and, 4. The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the project is a relocation of stalls and expansion of a pen for equine and will not result in new noise levels, light glare, odors or disturbances to abutting properties; and, 5. The site for the proposed use has adequate access and parking to support the use because the site was constructed under CUP 78-6 which required adequate access and parking for the stable and all stable activities are conducted within the property, and, 6. The proposed amendment is consistent with Conditional Use Permit (CUP) 78-6 because the use of the property remains equestrian and the architectural design and theme of the stable and pen are maintained consistent with CUP 78-6; and, 7. The proposed project complies with all applicable provisions of the Land Use Code subject to the conditions of approval contained in this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the project subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5-.00pm, Wednesday, December 12, 2012. This project approval shall be valid for a period of 2 years from the date of approval of this resolution, and shall expire on November 27, 2014 unless a time extension PC Resolution 12-11-27-1 .3 November 27, 201 request or building/grading permit application related to this discretionary approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 27th day of November, 2012, by the following vote, to wit: AYES: Chairman Williams, Vice -Chairman Parkhurst, Commissioners Nunn, Neely, Kerr, and Ratcliffe. NOES: None. Ut13131 • WiMam A. Ramsey, AICP, A ta t Director Secretary r � X01,11 10MIS] 0 61LO] 9F-1 I?J?j PROJECT LOG #: Conditional Use Permit (CUP) 12-013, Modification to CUP 78-6 PROJECT NAME: The Oaks, Inc. APPROVAL DATE: November 27, 2012 EFFECTIVE DATE: December 12, 2012 These conditions of approval apply to the above -referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1 The subject project proposes a modification to CUP 78-6 to allow the relocation of a 36 -stall stable structure and expand and convert a Stallion Pen into a Lunging Ring on property located at 31000 Avenida Siega (APN 664-041-08). This project approval is based on and subject to the application materials prepared by The Oaks dated November 16, 2012 including the site plan and building elevation, and floor plan. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Community Development Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their Resolution #Y2-Yf-27-y Conditions of Approval CUP 12-013, The Oaks Page 2 of 3 responsibilities to comply with these conditions Of app[OV8| and all pertinent requirements iDthe San Juan Capistrano Municipal Code, including the requirement that abusiness license be obtained bvall entities doing business iOthe City. 8. If required, sign approval for the project is G separate process requiring the issuance of sign permit and building perDbs, and is subject to review and @pp[OvG| by the Development Services Department and Building and Safety Division. 7. In the event that exhibits and written CODdidDOS are inconsistent, the written oVOdhiODS Sh8|| p[8V@i|. If there are any disparities between these CODditi0OS and the plans or final revised p|8DS that are approved for any subsequent phase, the conditions and/or plans as stipulated iOthe later approval shall prevail. 8. The use shall meet the standards and shall bedeveloped within the limits established by the Municipal Code as F8|@t8d to emissions of noise, odor, dust, vibration, wastes, fuDleS. or any public nuisances arising or occurring incidental t0the establishment or operation. 8. The applicant shall pay all fees @tthe time fees are determined payable and comply with all requirements of the applicable federal, state, and |OC@| agencies. The duty Of inquiry @StOsuch requirements shall beupon the applicant. 10. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety []iViSi0D prior to iSSUGncS of any permits, final iDSpeCtiDDS. utility releases and/or release Of securities, as specified in these conditions. (B&S) The following conditions of approval shall be met prior to or in conjunction with the issuance of any grading permit(s): 11.Existinq Prior to issuance of 8 grading permit, applicant shall incorporate into the project design all existing eaS8[OBDtS within the project bVUDd@heS. or obtain GbaOdOOOOeDt Of said 8@Se[DeOtS from the affected 88se[DeOi holder(s). If this requirement cannot be accomplished, the project 8haU be redesigned accordingly as approved bythe City. /PVV-ENG\ 13. sevised Plans. PhO[ to isSU@ACe of G grading permit the 800iCaDt 8hGU submit a revised Site p(@D to the Development Services Department for approval which incorporates changes approved bythe Planning Commission and reflects consistency with these conditions of approval and with the City's Design Guidelines. Six copies of the revised Site each p|@D are required, except as otherwise authorized by the Development Services Director. /[}8[}\ The following conditions shall be met prior to or in conjunction with the issuance of any building permit(s): 13. Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Division for review and approval, and shall comply with the latest City -adopted edition Cf the applicable building codes. (B&S) Resolution # 12-11-27-1 Conditions of Approval CUP 12-013, The Oaks Page 3 of 3 14. Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Division for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission and/or Development Services Director (as applicable). (DSD) 15. Lighting & Photometric Plans. Prior to issuance of building permits, the applicant shaV submit a lighting & photometric plan for the project for Development Services Department review and approval. (DSD) 16, OCFA Review of Architectural Building Plans. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA) The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy. - 17. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity s all not be permitted on undays or any Federa ol ay. 18. Final Development Services Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Development Services Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Development Services Department shall not conduct a final inspection until any outstanding balance has been paid in full. (DSD) 19. Fire Extinguishers. Prio r to final inspection by the orange County Fire Authority (OCFA), fire extinguishers shall be required in accordance with the Uniform Fire Code. The applicant shall contact the Fire Department for the requirements pertaining to the number, type, and placement of fire extinguishers. All fire extinguishers shall have current California Fire Marshal service tags, (OCFA) Responsible Departments/Agencies: DSD: Development Services Department DSD-B&S: DSD Building & Safety Division PW -ENG: Public Works -Engineering Division UTIL Utilities Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Appl'ic_ant Siqnature/ Date Applicant's name/title (print) V;