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)
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