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PC Resolution-06-06-13-02PC RESOLUTION NO. 06-06-13-2 MODIFICATION TO ARCHITECTURE CONTROL 03-08 & CONDITIONAL USE PERMIT 04-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CONDITIONALLY APPROVING A MODIFICATION TO THE PHOTOMETRIC PLAN TO INCREASE THE NUMBER OF LIGHT POLES AND INCREASE NIGHT TIME LIGHTING LEVELS ON THE SHEA THERAPEUTIC RIDING CENTER PROPERTY LOCATED AT 26284 OSO ROAD (APN'S 121-07-19, 32 & 34; SHEA THERAPEUTIC RIDING CENTER) Whereas, on November 4, 2004, the Planning Commission approved Architecture Control 03-08, approving the expansion of an existing therapeutic riding facility by adding offices, a covered arena, parking, caretaker unit, horse stables, and related improvements on 5 acres located on the south side of Oso Road approximately 92 feet west of Avenida De La Vista. The property is General Plan designated as "OSR" Open Space Recreation and is designated as "OSR" Open Space Recreation on the Official Zoning Map; and, Whereas, on December 2, 2004, the Design Review (DRC) Committee approved a photometric lighting plan for the expansion plan showing new light standards in parking areas and average lighting for approximately one (1) foot-candle; and, Whereas, Shea Therapeutic Riding Center requests approval of a modification to the approved photometric plan to increase the number of light poles and increase night-time lighting levels; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, On November 9, 2004, the Planning Commission certified a Mitigated Negative Declaration for the subject project and the City's Environmental Administrator has determined that no further environmental review is necessary, because the proposed modification is consistent with the planned use of the site; and, Whereas, the Planning Commission conducted a duly noticed public meeting on June 13, 2006 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed revision to the photometric plan; and Whereas, Staff has determined, based on review of the site and the proposed modifications, the photometric plan is not consistent with the goals, policies and objectives of the Community Design Element Plan, specifically the Exterior Lighting criteria because the proposed lighting should be set at the minimum levels recommended by the Illuminating Engineering Society (IES) for public safety. In addition, the policy states that lighting levels for recreation should require special studies and analysis to minimize light r intrusion into adjacent neighborhoods. The applicant's request to modify the approved plan with additional light poles will result in an increase of illumination and will create a "glowing" effect throughout the project area that will be visible from surrounding properties, adjacent residential neighborhood, and from Camino Capistrano. PC Resolution 06-06-13-2 2 June 13. 2006 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following finding: As revised to allow the installation of a reduced number of additional light poles with photocell timers in the south parking lot (5 light poles) and east parking lot (7 light poles) and along Oso Road (6 light poles), the plan is consistent with the Community Design Element Plan of the General Plan which states that recreation uses should minimize light intrusion into adjacent neighborhoods. The use of the photocell timers will allow in the parking lots to be illuminated until no later than 9:00 p.m. The turn-off time will prevent a "glowing" effect throughout the project area that would otherwise be visible from surrounding properties, adjacent residential neighborhood, and from Camino Capistrano. 2. The turn-off time for all light poles will provide for adequate security/safety lighting during the facilities hours of operation and will reduce the impact of light and glare onto the adjacent properties, including Sycamore Trails Stables to the south. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves the revised photometric plan, incorporating staff's recommended modifications to reduce lighting levels, subject to the conditions of approval contained in Exhibit "A" attached hereto and incorporated herein; and, EFFECTIVE DATE & FINAL APPROVAL: This project action shall become final and effective following expiration of the fifteen (15) day appeal period without filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, June 29th, 2006. PASSED, APPROVED AND ADOPTED this 13th day of June, 2006, by the following vote, to wit: AYES: Commissioners Neely, Ratcliffe and Cohen, Chairman Cardoza NOES: None ABSTAIN: None ABSENT: Commissioner Drey obert Car a, Chairman u Molly Bogh, Plan nin irector, Secretary (PAPlanning\Archive\Ac Projects 2000AAc0308shea-Joswick\Ac0308 Pc Reso 13june06.Doc) RESOLUTION #: 06-06-13-2 Exhibit A CONDITIONS OF APPROVAL Project #: AC 03-08 Modification & CUP 04-03 Project Name: Shea Therapeutic Riding Center APPROVAL DATE: June 13, 2006 EFFECTIVE DATE: June 28, 2006 EXPIRATION DATE: June 13, 2008 These conditions of approval apply to Architecture Control (AC) 03-08 & Conditional Use Permit (CUP) 04-03, to allow a Modification to the Photometric Plan to increase the number of light poles and increase night time lighting levels. Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Planning Department along with the required application and fee, for review. 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. AC Modification 03-08 is granted to modify the approved Photometric Plan to increase the number of light poles and increase night time lighting levels. The proposed project is located at 26284 Oso Road (APN 121-07- 19, 32 & 34). This approval is granted based on the application materials submitted by MKA on May 31, 2006, prepared by MKA including a site plan. These plans are approved as submitted with deletion of four (4) poles from the plans, and subject to these conditions. The proposed use of the site is approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Planning Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the date of the Planning Commission's approval and shall expire June 13, 2008, twenty four (24) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been grantedby the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. 2. All conditions applied to AC 03-08 and CUP 04-03 remain in full force and effect, except as modified herein. Planning Commission Resolution 06-06-13-2 Final Conditions of Approval AC 03-08 June 13, 2006 Page 2 of 3 3. The project shall be constructed per the Planning Commission's approved Photometric Plan. Any variations shall be submitted to the Planning Department for review and approval. (PLN) 4. Lighting levels shall be reduced after 9:00 p.m. except for nighttime security lighting. The applicant shall install a photocell timer for the light poles in the south and east parking lot to ensure that the lights turn off at 9:00 p.m. The hours of operation for the Shea Therapeutic Riding Center are 8:00am-5:30pm Monday through Saturday with evening sessions from 5:00pm-7:00pm Tuesday through Friday. 5. All wall pack lights shall be installed with glare shields to ensure that light does not cause glare onto adjacent properties. 6. Security Lighting_ Security lighting is approved for illumination of the main driveway drop-off and parking area along Oso Road, and shall not exceed a total of three (3) light poles at locations to be approved by the Planning Department. 7. Final Planning Inspection. A minimum of one week prior to final inspection - by the Building and Safety Department, the applicant shall schedule a final inspection by the Planning Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Prior to issuance of a Certificate of Occupancy a field observation of lighting levels will be conducted and if lighting levels are determined to be excessive the applicant shall reduce illumination to an acceptable level as determined by the Planning Commission. (PLN) 8. On -Going Condition. All photocell timers shall be maintained at all times by owner in a good and operating condition. 9. The applicant shall consider use of high pressure sodium bulbs instead of metal halide, and shall reduce wattage of each bulb to the extent possible while providing for public safety and security. The final plan for luminaires, bulbs and lighting levels, including pole lights and wall packs, shall be approved by Planning Commission. Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Planning Commission Resolution 06-06-13-2 AC 03-08 APPROVAL DATE: June 13, 2006 EXPIRATION DATE: June 13, 2008 RESOLUTION NO.: 06-06-13-2 Applicant Acceptance of Conditions of Approval: By: Ken Frie s, Friess Company Builders Inc. Final Conditions of Approval June 13, 2006 Page 3 of 3 Date PAPlanning\Archive\AC PROJECTS 2000-\Ac0308Shea-Joswick\ac0308 PC coa 13JuneMdoc