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Ordinance Number 858ORDINANCE NO. 858 AN AMENDMENT TO THE GENERAL OPEN SPACE DISTRICT OF THE RANCHO SAN JUAN PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN ADOPTED BY ORDINANCE NO. 575 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING ORDINANCE NO. 575 OF THE RANCHO SAN JUAN PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN BYAMENDING THE GENERAL OPEN SPACE DISTRICT REGULATIONS TO PERMIT A COMMERCIAL EQUESTRIAN STABLE SUBJECT TO A CONDITIONAL USE PERMIT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 FINDINGS Whereas, the City has initiated an amendment to the General Open Space District regulations of the Rancho San Juan Planned Community Comprehensive Development Plan to permit consideration of a commercial equestrian stable subject to approval of a conditional use permit; 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 has issued a mitigated negative declaration and caused a Notice of Mitigated Negative Declaration to be posted pursuant to the City's Environmental Review Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA) ; and, Whereas, the Ordinance is consistent with the goals, policies and objectives of the San Juan Capistrano General Plan specifically as it relates to Land Use and Park and Recreation Elements regarding equestrian uses; and, Whereas, the Planning Commission conducted a duly noticed public hearing on May 22, 2001, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed amendment; and, Whereas, the City Council conducted a duly noticed public hearing on June 19, 2001 pursuant to Section 9-2.314 of the Municipal Code to consider public testimony on the proposed amendment. SECTION 2 AMENDMENT TEXT Based upon the findings set forth in Section 1 preceding, the following amendment to the General Open Space District Regulations to the Rancho San Juan Planned Community Comprehensive Development Plan as previously adopted by City Ordinance No. 575 is hereby amended to read in its entirety as follows: 5.3.6.1 General Open Space District Regulations 5.3.6.1 Purpose and Intent The purpose and intent of the district is to implement the General Plan for a comprehensive network of permanent, multi functional, publicly and privately owned open space. To preserve, protect and enhance the value of natural resources in all aspects, including topographical features including ridgelines, plants and wild life. To provide sufficient space to met the community's present and prospective needs for various recreational and cultural activities that enhance the rural character of the community. 5.3.6.2 Principal Uses and Structures Permitted Open space uses, public and private, which emphasize the natural character of the land with no building such as: * Animal grazing. * Farming such as orchards. * Flood control channels and related structures. * Parks. * Trails (non -motorized). 5.3.6.3 Conditional uses and structures Commercial equestrian stables as set forth in Section 9-3.620 of the MC. The total acreage for such uses shall not exceed six (6) acres and shall be located at the southeast corner of the district. 5.3.6.4 Development Standards As indicated for the "OS" Open Space Preservation District in Section 9-3.424 of the MC. SECTION 3 EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4 CITY CLERKS 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 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) 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. ATTEST: PASSED, APPROVED AND ADOPTED this 3rd day of July 2001. Wyatt rt, Mayor J12'k,, R. MONAHAN, CITY CLERK 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 Ordinance No. 858 was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 19th day of June 2001 and that thereafter, said Ordinance way duly adopted an passed at a Regular Meeting of the City Council on the 3rd day of July 2001 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bathgate, Greiner, Gelff, Swerdlin and Mayor Hart NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WA kkAa. /RET R. MONAHAN, City Clerk 11