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Ordinance Number 811257 ORDINANCE NO. 811 1► 4 : uI; b wwwwaylikT410M ow.111 0 4 LeiR _VA 1► o I WO) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING MINOR EXPANSION OF APPROVED EQUESTRIAN STABLES TO INCREASE THE PERMITTED DENSITY OF HORSES AND ADMINISTRATIVE APPROVAL OF RELATED IMPROVEMENTS IN ORDER TO PROVIDE SHELTER FOR HORSES THAT FACE IMMEDIATE RELOCATION DUE TO THE PENDING CLOSURE OF AN EXISTING EQUESTRIAN CENTER BASED UPON THE FINDINGS THAT SUCH INTERIM PROVISIONS ARE NECESSARY TO RESPOND TO AN IMMEDIATE THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: ,SECTION 1. Findings WHEREAS, California Government Code Section 65858(a) permits local jurisdictions to establish interim urgency ordinances for specified periods to conduct planning studies on specific issues that may have an immediate impact upon the public's health, safety, and general welfare if such ordinance was not imposed; and, WHEREAS, due to the pending closure of the Creekside Equestrian Center, a significant number of horses will be dislocated; and, WHEREAS, there is not a sufficient number of vacant stall spaces at existing stable facilities within the City and Orange County that can accommodate this dislocated horse population; and, WHEREAS, these horses are to vacate the Creekside Equestrian Center by April 30, 1998; and, WHEREAS, there is not adequate time to conduct a planning study to increase capacity at existing facilities nor process development applications under the present regulations as permitted by the Municipal Code; and, WHEREAS, this interim urgency ordinance is necessary to provide minor modifications to the present Municipal Code to slightly increase the overall capacity at existing facilities within the immediate time frame to accommodate the relocation of those horses that will be dislocated without placing them in a situation that will be detrimental to their health, safety and the general health, safety and general welfare of the community; and, WHEREAS, based upon the above findings, it is necessary to adopt this Interim Urgency Ordinance which establishes interim provisions of the mitigation for the dislocation of -1- 258 a significant number of horses presently located at the Creekside Equestrian Center to ensure that the potential immediate threat to the public health, safety and general welfare is mitigated. The Planning Director is hereby authorized to administratively approve an incregse in density for previously -approved commercial equestrian stables located adjacent to designated General Plan equestrian trails from 25 to 28 horses per acre as defined in Section 9-3.620. Said administrative approval shall include review and approval of improvement plans for the additionally -authorized stall space, subject to the findings that all improvementsare determined to be consistent with all other applicable provisions of the Municipal Code. The Planning Services Department is hereby directed to perform a planning study to evaluate the long-term impacts of said interim regulations and provide a report and recommendation on whether said provisions should be amended as permanent language into the City's Municipal Code. SECTION 4. Effective Date. Pursuant to Government Code Section 65858(a), this Interim Urgency Ordinance is hereby effective immediately for a period not exceeding forty-five (45) days. Said interim urgency ordinance may be extended upon conducting a hearing pursuant to the provisions of Government Code Section 65090. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this April 1998. �GIL�N , M OR ATTEST: CITY CLERK -2- 7th day of 43V STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 811 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on March 17, 1998, and adopted at a meeting held on Ai)ril 7 , 1998, by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: Council Member Greiner (SEAL) 3hz' f CHERYL JOIJNSOK, CITY CLERK -3-