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Ordinance Number 814273 ORDINANCE NO. 814 AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 811, AUTHORIZING MINOR EXPANSION OF APPROVED EQUESTRIAN STABLES TO INCREASE THE PERMITTED DENSITY OF HORSES AND AUTHORIZING ADMINISTRATIVE APPROVAL OF RELATED IMPROVEMENTS IN ORDER TO PROVIDE SHELTER FOR HORSES THAT FACED IMMEDIATE RELOCATION DUE TO THE 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: 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 closure of the Creekside Equestrian Center, a significant number of horses are being 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 were to vacate the Creekside Equestrian Center by April 30, 1998; and, WHEREAS, there was 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, on April 7, 1998, the City Council adopted Interim Urgency Ordinance No. 811, which was necessary to provide minor modifications to the present Municipal Code to slightly increase the overall capacity at existing facilities. This ordinance language allowed the City, in concert with existing stable operations, to accommodate the relocation of -1- 274 many of those horses that were being dislocated without placing them in a situation that would be detrimental to their health and safety and the general health, safety and general welfare of the community; and, WHEREAS, based upon the above findings, it was necessary to adopt Interim Urgency Ordinance No. 811, which established interim provisions for the mitigation oethe dislocation of a significant number of horses that were located at the Creekside Equestrian Center to ensure that the potential immediate threat to the public health, safety and general welfare was mitigated. WHEREAS, the Planning Services Department is in the process of preparing the specific language for considering formal codification of the interim standards and scheduling hearings with the Parks, Recreation and Equestrian Commission, the Planning Commission and the City Council to consider an amendment to Title 9 of the Municipal Code, a process which is not anticipated to be complete until October, 1998. Since the initial interim urgency ordinance would expire prior to the completion of the public review hearing process necessary to consider an amendment to the Municipal Code, it is necessary to extend Interim Urgency Ordinance No. 811 in accordance with the provisions of California Government Code Section 65858(a); and, WHEREAS, on May 19, 1998, the City Council conducted a duly -noticed public hearing in accordance with California Government Code Section 65090 to consider public testimony in favor or and in opposition to the proposed extension of Interim Urgency Ordinance No. 811. The Planning Director is hereby authorized to administratively approve an increase 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 improvement are 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. Pursuant to Government Code Section 65858(a), this Urgency Ordinance, extending Interim Urgency Ordinance No. 811, shall take effect and be in force on the date of its adoption, and shall be of no further effect or force ten (10) months and fifteen (15) days from its adoption. -2- 27S 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 19th day of May . 1998. ATTEST: 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. 814 which was'aMar-Haar,Mwrau�rwras,vm6rknt'.risa.d3rarY.rn6Y nfvi�u.fi�,atvr.nu�Trmn (XJ if x�I4 i ig$ Y84mx�i4 xXkA,A.BKmad adopted at a meeting held on May 19 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones . NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOH ON CITY CLERK -3-