Ordinance Number 1091ORDINANCE NO. 1091
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 21-003 TO
AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO INCREASE THE
MAXIMUM ALLOWED BUILDING HEIGHT AND CREATE NEW
PERMITTED USES AND DEFINITIONS FOR THE HISTORIC
COMMERCIAL DISTRICT "ZOOMARS" AND CLEAN-UP THE LAND USE
DESIGNATION ON THE CITY -OWNED LOS RIOS PARK PARCEL
(ASSESSOR PARCEL NUMBERS 121-160-15, 17, 18 & 20) (APPLICANT:
DOUGLAS D. DUMHART, 3-D ADVISORS, LLC), AND DETERMINE THAT
NO FURTHER CEQA REVIEW IS REQUIRED
WHEREAS, Douglas D. Dumhart, 3-D Advisors, LLC, 18 Kingfisher Court, Coto
De Caza, CA 92679 (the "Applicant"), has requested approval of Code Amendment (CA)
21-003 to amend the Los Rios Specific Plan (SP 78-01) (the "Los Rios Specific Plan") to
increase the maximum allowed building height and create new permitted uses and
definitions for the Historic Commercial District and clean-up the land use designation on
the City -owned Los Rios Park parcel, which is General Plan -designated Specific
Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise Plan (SP/PP) on the
Official Zoning Map and regulated by the Los Rios Specific Plan (the "Project"); and,
WHEREAS, Zoomars, LLC, located at 31791 Los Rios Street, San Juan
Capistrano, CA 92675, is the owner of real property located at Assessor's Parcel
Numbers 121-160-17 & 20; and,
WHEREAS, the City of San Juan Capistrano, located at 32400 Paseo Adelanto,
San Juan Capistrano, CA 92675, is the owner of real property located at Assessor's
Parcel Numbers 121-160-15 & 18; and,
WHEREAS, on June 1, 2021, the City Council approved the initiation of and
directed staff to conduct an appropriate study for amendment of the Los Rios Specific
Plan (Code Amendment 21-003) (the "Proposed Land Use Code Amendment"); and,
WHEREAS, as the Project is currently proposed, the Applicant seeks approval to
amend the Los Rios Specific Plan to modify certain development standards, and staff is
proposing a clean-up amendment; and,
WHEREAS, the Project is being processed pursuant to Section 9-2.309, Code
Amendment 21-003, of Title 9, Land Use Code of the City of San Juan Capistrano to
establish policies and zoning regulations for the Los Rios Specific Plan; and,
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City
of San Juan Capistrano is the lead agency for the Project; and,
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WHEREAS, on June 10, 2021, the Design Review Committee (DRC) reviewed the
Project development plans and forwarded a recommendation of approval to the Planning
Commission; and,
WHEREAS, on June 22, 2021, the Cultural Heritage Commission conducted a
duly -noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the Project, considered all relevant public
comments, and approved the site plan for Applicant's proposed development, contingent
on City Council approval of the Land Use Code Amendment; and,
WHEREAS, on July 14, 2021, the Planning Commission conducted a duly -noticed
public hearing pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council
Policy 5 to consider public testimony on the Project, considered all relevant public
comments and recommended approval of the project to the City Council; and,
WHEREAS, on September 7, 2021, the City Council held a duly noticed public
hearing to consider this Ordinance and the Project and, following receipt of all written and
oral public comments, the City Council closed the public hearing, considered the evidence
presented, and deliberated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of San Juan Capistrano hereby finds and
determines that all of the above Recitals are true and correct and incorporates such
Recitals into this Ordinance as if fully set forth herein.
SECTION 2. CEQA.
Based upon its review of the entire record before it, the City Council of the City of San
Juan Capistrano does hereby find that pursuant to the California Environmental Quality
Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) and the State CEQA Guidelines (the
"Guidelines") (14 Cal. Code Regs. § 15000 et seq.), City staff has considered the potential
environmental impacts of the proposed Code Amendment (CA) 21-003 (the "Project").
Based on that review, City staff has determined that the entire Project is Categorically
Exempt from further review under the California Environmental Quality Act per State
CEQA (Cal. Code Regs., § 15000 et seq.).
SECTION 3. Findings for Approval of Code Amendment 21-003. The City
Council does hereby make the following findings as established by Section 9-
2.309(e) of Title 9, Land Use Code of the City of San Juan Capistrano:
The proposed Land Use Code Amendment conforms with the goals and policies of
the General Plan as it fulfills Land Use Goal 7 to "Enhance and maintain the
character of neighborhoods," and Land Use Policy 7.2 to "Ensure that new
development is compatible with the physical characteristics of its site, surrounding
2 01091
land uses, and available public infrastructure." The proposed Code Amendment
would modify certain development standards that would change the maximum
allowable building height, add additional land uses and add a definition for
architectural projections that will fulfil Land Use Goal 7. Furthermore, correcting the
Specific Plan's land use designation of Los Rios Park would maintain compatible
neighborhood land use designations.
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.
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 the Project will comply with the development standards established in the
Los Rios Specific Plan (SP 78-01), as amended.
4. The proposed Land Use Code Amendment is reasonable and beneficial at this time
because the City has received an application to amend the development standards
in the Los Rios Specific Plan, subject to approval of all required entitlements.
Furthermore, the removal of the Historic Commercial designation from the City -
owned parcel at Los Rios Park and changing it to Park (P) would maintain
compatible neighborhood land use designations.
SECTION 4. Amendment to Los Rios Specific Plan 78-01.
The proposed amendment to the Los Rios Specific Plan, and bearing the file
number as follows:
Code Amendment (CA) 21-003
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A and Exhibit B.
SECTION 5. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining portions of this Ordinance or any part hereof. The
City Council of the City of San Juan Capistrano hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
3 01091
SECTION 6. Publication.
The City Clerk is hereby directed to cause the following summary of this Ordinance
to be published by two (2) insertions in the Capistrano Valley News, a newspaper of
general circulation that is printed, published, and circulated in the City of San Juan
Capistrano.
SECTION 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted
and published in the manner required by law.
SECTION 8. Location and Custodian of Records.
The documents and materials that constitute the record of proceedings on which
this Ordinance is based are located at the City Clerk's office located at 32400 Paseo
Adelanto, San Juan Capistrano, California 92675. The custodian of these records is the
City Clerk.
SECTION 9. City Clerk's 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.
PASSED APPROVED AND ADOPTED this 7th day of September 2021.
RRIS, CITY ARK
JOHN TAYLOR, MAYOR
4 01091
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO)
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1091 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 7th day of September
2021 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting
of the City Council on the 21St day of September 2021 by the following vote, to wit:
AYE COUNCIL MEMBERS: Farias, Bourne, Hart and Mayor Pro Tem Reeve
NO' COUNCIL MEMBERS: None
ABSE T'n---_ COUNCIL MEMBERS: None
ABSTiMIAtj COUNCIL MEMBERS: Mayor Taylor
��V'
RIS, CITY C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
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
9th day of September 2021, 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 OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01
TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT AND CREATE NEW
PERMITTED USES AND DEFINITIONS FOR TH HISTORIC COMMERCIAL DISTRICT
"ZOOMARS" AND CLEAN-UP THE LAND USED S NA ION ON THE CITY -OWNED LOS
RIOS PARK PARCEL (ASSESSOR PARCEL N M� R 121-160-15, 17, 18 & 20)
FURT
HE CEQA RE EW ISR QUIRED-D AD 15 IRS, f ), AND DETERMINE THAT NO
This document was posted in the Office of the
MARIA MORRIS, CITY C
San Juan Capistrano, Cal
5 01091
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
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 22nd day of September 2021, 1 caused to be posted a certified copy of Ordinance No.
1091, adopted by the City Council on September 21, 2021, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO
INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT AND CREATE NEW PERMITTED
USES AND DEFINITIONS FOR THE HISTORIC COMMERCIAL DISTRICT "ZOOMARS" AND
CLEAN-UP THE LAND USE DESIGNATION ON THE CITY -OWNED LOS RIOS PARK PARCEL
(ASSESSOR PARCEL NUMBERS 121-160-15, A7, 18 & 20) (APPLICANT: DOUGLAS D.
DUMHART, 3-D ADVISORS, LLC), AND DETERMINE THAT NO FURTHER CEQA REVIEW IS
REQUIRED i i Il i
This document was posted in the Office of the
MARIA, RlgS CITY CLrK
San Juan Capistrano, Calif
6 01091
EXHIBIT A
The Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows:
Page 28 and 29
4. Historic Commercial (HC) District.
a Purpose and Intent:
To provide for low intensity commercial uses that reinforce the rural and historic
character of the Los Rios area.
b. Principal Uses Permitted:
1. Retail sales:
a. and storage of plants and other nursery items;
b. farmers' market items, such as fruits, vegetables and flowers,
provided they are grown on the site;
C. paintings, jewelry, leather goods, pottery and similar items,
provided they are crafted on the site.
2. Non -retail uses such, as greenhouse, crop and tree farming and
wholesale nursery.
3. Equestrian -oriented uses and activities, such as feed store and
saddlery shop.
4. Park and recreational uses that are passive in nature, such as
picnicking, arts and craft workshops, outdoor cultural performances.
5. Administrative offices employee meeting rooms restrooms storage
and a caretaker's residential unit.
d. Development Standards:
Structures, permanent or temporary, shall be designed and sited consistent with
the Site Design Standards of this Specific Plan and comply with the following:
1. Minimum lot size: 15,000 square feet.
2. Minimum frontage: 60 feet.
3. Minimum frontyard setback: (one-story) 10 feet.
(two-story) 20 feet.
4. Minimum sideyard setback: 8 feet one side & 18 feet total.
5. Minimum rearyard setback: 20 feet.
6. Maximum building height: 15 feet or 30 feet for buildings located
within 148 feet from the yroperty line
adjacent to Paseo Adelanto.
7. Maximum building area: n/a.
8. Minimum open area: 90%.
9. Architectural ro'ections: Any portion of a structure attached to and
extending beyond the exterior face or roof of the structure including, but
not limited to tower elements chimneys, steeples, awnings, eaves or ba
windows shall be considered an architectural promection. Architectural
projections may project into any reguired setback or exceed the maximum
building hei ht limit asspecified in the applicable provisions of this section.
EXHIBIT B
The Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows:
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