Ordinance Number 1051ORDINANCE NO. 1051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
SECTION 9-3.588 AND AMENDING SECTIONS 9-3.301,
9-3.305, AND 9-3.309 REGARDING THE CREATION OF
AN URBAN AGRICULTURE INCENTIVE ZONE (UAIZ)
WHEREAS, the City of San Juan Capistrano, California (the "City") is a municipal
corporation, duly organized under the constitution and laws of the State of California;
and
WHEREAS, on September 28, 2013, Governor Brown approved Assembly Bill
(AB) No. 551, which authorizes a California county or a city to, after a public hearing,
establish by ordinance an Urban Agriculture Incentive Zone (UAIZ) within its
boundaries; and
WHEREAS, the Urban Agriculture Incentive Zones Act (AB 551) is intended to
promote small-scale agriculture on vacant, unimproved or blighted lands in urban areas
through property tax incentives for owners of property 0.1 to 3 acres in size that are
restricted by contract with a city or county to be used for agriculture for a period of not
less than five (5) years; and
WHEREAS, a city may establish by ordinance an Urban Agriculture Incentive
Zone (UAIZ) after approval from the board of supervisors of the county in which the city
is located; and
WHEREAS, under the Urban Agriculture Incentive Zone Act, the County may not
establish a UAIZ within any portion of the spheres of influence of a city unless the
legislative body of the city has consented to the establishment of the UAIZ; and
WHEREAS, at a regularly scheduled meeting on August 4, 2015, the City
Council initiated an amendment to the City's Land Use Code to consider the creation of
a UAIZ applied to three zoning districts-Agriculture-Business (A),
Residential/Agriculture (RA), and General Open Space (GOS)-within the City of San
Juan Capistrano; and
WHEREAS, on March 14, 2017, the Orange County Board of Supervisors
conducted a public hearing and approved Resolution No. 17-031 approving the
establishment of an UAIZ within the City of San Juan Capistrano with the condition "that
no contract entered into by the City pursuant to the Act shall allow the cultivation of
marijuana or cannabis"; and consistent with the requirements of AB 551; and
1 01051
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.309, Amendment of the Land Use Code; and
WHEREAS, the Environmental Administrator has determined the Land Use Code
Amendment is statutorily exempt from review under the California Environmental
Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the CEQA Guidelines); and
WHEREAS, the Planning Commission conducted a duly-noticed public hearing
on September 12, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302(g) to
consider public testimony on the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council here incorporates and adopts the foregoing recitals and
accompanying staff report as findings as though they were fully set forth herein.
Section 2. Compliance with the California Environmental Quality Act.
Based upon all the evidence presented in the administrative record, including but
not limited to the staff report for the proposed Zoning Amendment, the City Council hereby
finds and determines that the proposed Zoning Amendment is exempt from review under
State CEQA Guidelines Section 15061(b)(3), the General Rule Exemption. The General
Rule Exemption applies here because, for the following reasons, it can be seen with
certainty that there is no possibility that this code amendment will have a significant effect
on the environment:
• First, the code amendment itself in no way authorizes any construction. The
code amendment allows the City and property owner to enter into a UAIZ
contract, which will specify the use of the site. A UAIZ contract is required for
a property owner to initiate any construction under this code amendment or
the UAIZ Act. The City, as appropriate, will assess the individual UAIZ
contracts in accordance with CEQA and local environmental regulations
when and if those contracts are requested by individual property owners.
• Second, the code amendment in no way changes the zoning or permitted
land uses for any property in the city. The code amendment allows for UAIZ
contracts in three zoning districts: Agriculture-Business (A),
Residential/Agriculture (RA), and General Open Space (GOS). These three
zoning districts already allow farming as use permitted by right. A UAIZ
contract will enable a property owner to use the property for a specified
small-scale agricultural use (e.g., small commercial crop, community garden,
educational agricultural project, etc.), which is consistent with farming use.
2 01051
• Third, the code amendment's purpose is to establish financial incentives for
small-scale agricultural uses, if requested by a property owner. These
financial incentives are available only for property owners who's properties
are already designated Agriculture-Business (A), Residential/Agriculture
(RA), and General Open Space (GOS). The code amendment does not
make any changes to density or intensity of agricultural uses on these sites.
With regard to Code Amendment No . 15-001, the City Council finds as follows:
1. The proposed land use code amendment conforms to the goals and
policies of the General Plan because it provides for the fulfilment of the
General Plan's goals and policies, including:
Conservation and Open Space Goal 3, which provides, "Preserve existing
agricultural activity," and Conservation and Open Space Policy 3.1, which
provides, "Implement economic programs that promote the long-term
viability of designated agricultural parcels within the City ." The proposed
ordinance continues to allow for tree and crop farming within the
Agriculture-Business (A), Residential/Agriculture (RA), and General Open
Space (GOS) districts. The UAIZ will be allowed within parcels that meet
the criteria and regulations and its creation will "help to preserve the
traditional rural character of the community, maintain open space ... "
2 . The proposed land use code amendment is necessary to implement the
General Plan and to provide for public safety, convenience and/or general
welfare because the proposed amendment achieves the goals and
policies of the General Plan for the reasons listed above. Moreover, the
proposed Land Use Code Amendment provides for the public safety,
convenience, and general welfare because, among other things, it will
provide an incentive for property owners to revitalize underutilized parcels
into active areas, remove blighted conditions and promote community
awareness and participation in urban agriculture, thereby reducing crime.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with all other related provisions
thereof because it provides, generally, that the UAIZ contracts must
continue to adhere to the base zoning district's land use standards
including lot coverage, setbacks, and height restrictions.
4 . The proposed Land Use Code amendment is reasonable and beneficial at
this time because Assembly Bill (AB) 551 -related to the UAIZ -was
approved on September 28, 2013 and sunsets on January 1, 2019. As
such, it is reasonable and beneficial for the City to adopt the proposed
ordinance at this time in order for property owners to benefit from this
section of State law.
3 01051
Sect ion 3. Chapter 3, Article 5, of Title 9 of the San Juan Capistrano Municipal
Code is hereby amended to add Section 9-3.558 as follows:
Sec. 9-3.558. Urban Agriculture Incentive Zone.
(a) In accordance with the Urban Agriculture Incentive Zones Act
(California Government Code Section 51040 et seq.) and all
amendments thereto , this section establishes an urban agriculture
incentive zone (UAIZ) within the City. The UAIZ shall apply to the
following zoning districts:
(1) Agriculture-Business (A).
(2) Residential/Agriculture (RA).
(3) General Open Space (GOS).
(b) As authorized by the Act, the City may enter into UAIZ contracts
with landowners to use vacant, unimproved, or blighted lands for
small-scale agricultural use in exchange for tax incentives.
(c) As authorized by the Act, the Director may adopt rules and
regulations for the implementation and administration of the UAIZ
and UAIZ contracts.
(d) The City shall not enter into a UAIZ contract or renew an existing
UAIZ contract after January 1, 2019, unless the Act is amended to
authorize contracts after that date. Any UAIZ contracts entered into
pursuant to the Act and this chapter on or before January 1, 2019
will be valid and enforceable for the duration of the UAIZ contract.
Section 4. Section 9-3.301 of Chapter 3, Article 3 of Title 9 of the San Juan
Capistrano Municipal Code is hereby amended as follows (additions are underlined):
RA HR RSE-RSE-RS-RS-RG-RS-MRD-RG-RM• VHD MHP PRD Notes a nd Exce ptions 40,000 20,000 10,000 7,000 7,000 4,000 4,000 4,000
For HR-These uses are
considered interim uses until
residential development plans
are approved.
Crop and tree p p -------- ----farming E!:!t Rt. -Ibt Ci!): ron~ gnJ~t
img UdU!Il AS[is;;J.!hU~ Z2u~
(l.!A IZ) !l!!ll!rll!<l § l'!'i!lllll'lU!~dY
lllVD~Cl !s~~ SWi!Jo 2-3.~58
lldm1~ Am:i~nlUJmllo~~uli~~
Z2nd
4 01051
Section 5. Section 9-3.305 of Chapter 3, Article 3 of Title 9 of the San Juan
Capistrano Municipal Code is hereby amended as follows (additions are underlined):
C M IP A Notes and Exceptions
Farming --p a. Includes all types of agriculture and horticulture.
b. Excludes farms operated publicly or privately for the
disposal of garbage, sewage, rubbish, or offal.
c . [Qr ll Th~ Cit.: llliiX ~U!~[ [DIQ !.[[!lanllgrf~!tl l!lrll Z!ln~ lUll I"')
~Q nt m~l~ 'l'ilh DWil.fli:lX !l"ll~!li (~~~ S!:llli!lll 9-;!.~SS Urlmn
AgrjQuUumllu~Q IHi~~ Z2•1 ~
Section 6. Section 9-3.309 of Chapter 3, Article 3 of Title 9 of the San Juan
Capistrano Municipal Code is hereby amended as follows (additions are underlined):
Farming (crop and tree)
GOS OSR NP CP SP RP NOS RC Notes and Exceptions
p p p forGOS -The Ci!v mny enter int o llrhan
Agricul!urc Zonq IUAIZl cvmrllQJ< wilh propcoy
owl!llrs <see Sect jon 9 -3 558 Urban Mricu!tuml
Jncen!ivc Zone).
Section 7 . Severability. If any part of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision has no effect on the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have adopted each part of this ordinance,
irrespective of the fact that any other part or parts thereof might be declared invalid or
unconstitutional.
Sect ion 8. The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once within 15 days of adoption in a
newspaper of general circulation printed and published within the City of San Juan
Capistrano, and shall post a certified copy of this Ordinance, including the vote for and
against the same, in the Office of the City Clerk in accordance with Government Code
§ 36933.
Section 9. Custodian of Records. The documents and materials associated
with this Ordinance that constitute the record of proceedings on which the City Council's
findings and determinations are based are located at San Juan Capistrano City Hall,
32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the
custodian of the record of proceedings.
Section 10. Notice of Exemption. The City Council hereby directs City staff to
prepare and file a Notice of Exemption with the County of Orange, County Clerk within
five working days of the adoption of this Ordinance.
5 01051
Section 11. Sunset Provision. Pursuant to Government Code section 51042,
the City shall not enter into a new contract or extend an existing contract after January
1, 2019, unless the Act is amended to permit contracts after that date. Notwithstanding
the foregoing, any contract entered into pursuant to the Act on or before January 1,
2019, shall be valid and enforceable for the duration of the contract.
APPROVED AND ADOPTED this ih day of November 2017.
6 01051
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 1051 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on the
1 th day of October 2017, and that thereafter, said Ordinance was duly adopted and passed at
the Regular Meeting of the City Council on the th day of November 2017, by the following vote ,
to wit:
NCIL MEMBERS:
NCIL ME MBERS:
Maryott, Patterson, Reeve, Farias and Mayor Ferguson
No ·e
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
I, MARIA MORRIS, declare as follows :
) ss
)
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 181h day of October 2017, at least 5 days prior to the adoption of the ordinance, I caused to
be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.588 AND
AMENDING SECTIONS 9-3.301, 9-3.30 AND 9-3.309 REGARDING
THE CREATION OF AN URBAN AG ~I U T RE INCENTIVE ZONE
(UAIZ)
This document was posted in the Office of the CitY) C
MARl
7 0 1051
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
I, MARIA MORRIS, declare as follows :
) ss
)
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano ; that in
compliance with State laws, Government Code section 36933(1) of the State of California .
On the 141h day of November 2017, I caused to be posted a certified copy of Ordinance No.
1051, adopted by the City Council on November 7, 2017, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO , CALIFORNIA, A ]D . SECTION 9-3.588 AND
AMENDING SEC T IONS 9-3.301, 9-.3 5, AND 9-3 .309 REGARDING
THE CREATION OF AN URBAN / G I L T U' E INCENTIVE ZONE
(UAIZ) {
This document was posted in the Office of the Ci ty e k ( (
8 01051