Ordinance Number 1098ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM
SPECIFIC PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21-
005) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED
USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING
FROM AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH
REZONE (RZ 21-003) (ASSESSOR PARCEL NUMBER: 121-190-57)
WHEREAS, the City of San Juan Capistrano is the owner of the real property
located at 32681 Alipaz Street (APN 121-190-57); and,
WHEREAS, on May 4, 2021, the City Council initiated a Code Amendment to
amend the Kinoshita Farm Specific Plan (SP 85-01) to allow a public skatepark and trail
as allowed uses ("Code Amendment") and a Rezone (RZ 21-003) to change the
property's current zoning from Agriculture/Specific Plan to Specific Plan ("Rezone"); and,
WHEREAS, the proposed Code Amendment is being processed pursuant to
Municipal Code Section 9-2.309 and the proposed Rezone is being processed pursuant
to Municipal Code Section 9-2.315 to amend the Kinoshita Farm Specific Plan and
change the zoning from Agriculture/Specific Plan to Specific Plan, respectively; and,
WHEREAS, the City is concurrently processing development plans for a City
Skatepark and Trial Project (CIP 21201) ("City Skatepark and Trail Project") that would
include a 42,575 square foot public skatepark on the southwest corner of the Kinoshita
Farm property and a new multiuse public trail that would connect The Farm residential
development, currently under construction adjacent to the site, to a new skatepark and
Camino Del Avion ("City Skatepark and Trail Project," "Code Amendment," and "Rezone"
shall be collectively referred to herein as the "Project"); and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
the Project January 26, 2022, pursuant to Title 9, Land Use Code, Section 9-2.302 and
City Council Policy 5, and continued the matter to the February 9, 2022, Planning
Commission meeting; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
the Project on February 9, 2022, considered all relevant public comments, and
recommended approval of the Project to the City Council; and,
WHEREAS, the City prepared a Mitigated Negative Declaration and Mitigation
Monitoring Reporting Program that analyzed the Project's environmental impacts in
compliance with the provisions of the California Environmental Quality Act ("CEQA"); and,
WHEREAS, the City Council has adopted a Mitigated Negative Declaration and
Mitigation Monitoring Reporting Program for the Project. The City Council hereby
incorporates by reference, as if fully set forth herein, Resolution No.22-04-05-01, adopting
the Mitigated Negative Dcclaration and_Mitigation_ Monitoring Re -Min Program for the
Project; and, - —
WHEREAS, on April 5, 2022, 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. The City Council of the City of San Juan Capistrano hereby
finds and determines that all potential environmental impacts of the Project have been
fully analyzed in the MND. No new or additional mitigation measures are required. There
is no substantial evidence in the administrative record to support a fair argument that the
Project may result in any significant environmental impacts beyond those analyzed and
mitigated in the adopted MND.
SECTION 3. Findings for Approval of Code Amendment 21-005. 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 because it provides for the fulfilment of the General Plan's
goals and policies, including Parks and Recreation Goal 1, which states, "Provide,
develop, and maintain ample park and recreation facilities that provide a diversity
of recreational activities"; Parks and Recreation Goal 2, which states, "Develop
and expand the existing bicycle, hiking, and equestrian trail system and facilities";
and with Circulation Goal 3, which states, "Provide an extensive public bicycle,
pedestrian, and equestrian trails network."
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 polices 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 therefore
because it provides, specifically, that the existing and future land uses must
conform to the Specific Plan, as amended.
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4. The proposed Land Use Code amendment is reasonable and beneficial at this time
because the Specific Plan amendment would allow for the forthcoming City
Skatepark and Trail Project (CIP 21202) public improvements, subject to approval
by the City Council. Furthermore, the allowance of a public skatepark and related
facilities and improvements, including restrooms, play structure, shade structures,
and landscaping, and a public trail as permitted uses does not remove or prohibit
any previously allowed uses, such as farming and other agricultural uses; it merely
adds additional allowable uses.
SECTION 4. Amendment to Kinoshita Farm Specific Plan 85-01.
The proposed amendment to the Kinoshita Farm Specific Plan, and bearing the
file number as follows:
Code Amendment (CA) 21-005
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit A.
SECTION 5. Findings for Approval of Rezone (RZL 21-003. The City Council does
hereby make the following findings as established by Section 9-2.315 of Title 9, Land
Use Code of the City of San Juan Capistrano:
The proposed zone change is consistent with the General Plan land use map and
applicable goals and policies because the proposed zone change retains all
current allowed uses on the subject property. The subject property currently has a
dual zoning of Agriculture and Specific Plan. As farming and agricultural uses are
currently allowed under the Specific Plan zoning, the zone change would remove
the property's Agriculture zoning so that the zoning would only be Specific Plan.
The zone change is consistent with "Conservation Goal 3: Preserve existing
agriculture activity."
2. The proposed zone change is consistent with the Land Use Code, including Article
1 General Plan Review and Table 2-1, Zoning Consistency Matrix, because the
proposed amendment to the Official Zoning Map is consistent with the Title 9, Land
Use Code provisions established by Article 1 and Table 2-1. Practically speaking,
the proposed zone change maintains the existing allowed uses as agriculture uses
are currently allowed under the Specific Plan.
3. The site of the proposed zone change is suitable for any of the land uses permitted
within the proposed zone district pending approval of the recommended Code
Amendment to allow a skatepark and public trail as permitted uses. All existing
uses on the site of the proposed zone change comply with the land uses outlined
in the Specific Plan. Any future development on the site will be required to comply
with the Specific Plan.
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4. The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general because
the existing and proposed land uses will be compatible with the land uses outlined
-- - in- the Specific Plan, ponding approval of the_r_ecommendpd Gude Amendment.
Further, the change from Agriculture/Specific Plan -Precise Plan to Specific Plan -
Precise Plan does not remove agricultural uses from the uses allowed under the
Specific Plan -Precise Plan.
5. The proposed zone change is reasonable and beneficial at this time because it will
avoid confusion resulting from dual zoning designations on the same property
while preserving farming and agriculture as primary uses allowed on the property.
SECTION6. Rezone (RZ) 21-003.
The proposed Rezone, and bearing the file number as follows:
Rezone (RZ) 21-003
is hereby approved, and hereby adopted by the City Council and incorporated as part of
this Ordinance as Exhibit B.
SECTION 7. 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.
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
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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.
SECTION 10. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption.
PASSED APPROVED AND AD this 19t" y qL&ril 2022.
DEREK REEVE, MAYOR
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. 1098 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 5th day of April 2022 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the 19th day of April 2022 by the following
vote. Ao wit:
AYES:4UNCIL MEMBERS:
NOES:UNCIL MEMBERS:
ABSEN :UNCIL I AEMBER$:
jP CITY C
Farias, Taylor, Hart and Mayor Reeve
None
'Bourne
5
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 7th day of April 2022, 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, AMENDING THE KINOSHITA FARM SPECIFIC
PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21-005) TO ALLOW
A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED
CLEAN-UP AMENDMENTS AND REZONING FROM
TZULTURE/SPECIFICR PLAN TO SPECIFIC PLAN THROUGH REZONE
, 1-003) (ASSESSOR PARCEL NUMBER: 121-190-57)
This u e t was posted ire
MART RMS, CI CL K
San Juan Capistrano, if is
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ice of the City Clerk
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 20th day of April 2022, 1 caused to be posted a certified copy of Ordinance No.
1098, adopted by the City Council on April 19, 2022, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC
PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21-005) TO ALLOW
A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND
RELATED CLEAN-UP AMENDMENTS AND REZONING FROM
AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH REZONE
(RZ 21-003) (ASSESSOR PARCEL NUMBER: 121-190-57)
6 01098
This 4o�om4t was posted in the Office of the City Clerk
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MAP4 _ ll , CITY C
San Juan Capistrano, C2
SPECIFIC PLAN 85-01 KINOSHITA FARM
Adopted January 7, 1986 (City Council
Resolution 86-1-7-03)
Amended October 18, 1994 (City Council
Resolution 94-10-18-03)
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
(949) 443-6331
City of San Juan Capistrano
Specific Plan 85-01, Kinoshita 2
Purpose and Intent - The purpuse and intent of this Specific Plan is to prnvidp for
the precise regulation of land uses in order to facilitate implementation of the
General Plan regarding agricultural preservation and Gammunity padFuse 4bra-ofthe
lipzStfee 28 -acre Kinoshita Farm Property located at the northwest corner of
Camino Del Avian and Ali az Street APN: 121-190-57).
Furthermore, the purpose of this Plan is to implement the policies and
recommendations of the Open Space Master Plan adopted by the City Council on
June 2, 1992, with respect to Kinoshita Farm.
2. Agricultural Land Uses - The following standards will apply to all areas designated
"4.2, Agri -business" by the General Plan Land Use Map:
A. Principal Uses and Structures Permitted (AGIFOGUItuFal-mr�
(1) Farming, including all types of agricultural and horticulture (excluding
farms operated publicly or privately for the disposal of garbage,
sewage, rubbish, or offal). --
(2) Small animal raising and breeding, including egg production and sales
of rabbits, chickens, and other foul, provided said use is conducted in
a building or other type of enclosure located a minimum of 300 feet
from any adjacent existing or future residential land use---
(3)
se_;
(3) One principal residential dwelling ---
3
(4)
Seoti R 9 3 49 -Qhe Develoment Services Director shall have the
p.........-- - -
authority and responsibility to review uses not listed in this section. A
proposed unlisted use shall be permitted as a principal use if the
Development Services Director determines that said use falls within
the purpose and intent of this Specific Plan, is of a comparable nature
to the principal Uses specified as permitted and will not be detrimental
to the property_in the vicinity of said use.
(5) Community garden plots.
(6) Administrative offices related to management of the agricultural
preserve.
7 Public skatepark and related facilities and improvements including
restrooms. play structure, shade structures and landscaping.
(8) Public trails.
City of San Juan Capistrano
SDecitic Plan 85-01, Kinoshita
B. Accessoa Uses and Structures Necessa ry for Su pport of an Ag riculturaI Use
(1) Permanent or temporary stands primarily for the sale of agricultural
products produced either on the premises, or on other agricultural
preservation areas.
MO -Employee and caretaker quarters of a permanent character, including
those of conventional construction and modular units.
(3) Maintenance and storage facilities necessary for the operation of a
permitted agricultural use.
(4) Parking facilities for whole agricultural products (excluding food
processing).
C. Development Standards
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Gede:The develo ment standards for all ermitted structures and facilities
listed in Section 2(A) shall be determined by the Development Services
Director as part of the appropriate Cit review and a roval rocess for a
proposed structure or facility.
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City of San Juan Capistrano
Specific Plan 85-01. Kinoshita
Amendment of Specific Plan
A. Pursuant to Section 9-3.317 (f) of the Municipal Code. Scecific or Precise
Plans for the Specific Plan/Precise Plan(SP/PP) District shall be sub ect
to the development review process. and shall be adopted and amended
In the same manner provided for a Comprehensive Development Plan as
set forth in Section 9-3.31.5(d), Planned Communitv (PC) District.
rr:r.�av�ra .
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4. _ 1 -m+ -Supplemental District Regulations
The SupplemSupplemental District Regulations of Article 5 in Chapter
3 of Title 96 (signs, parking, fence regulations, etc.) of the Municipal Code
shall apply to this Specific Plan. However, specific supplementary district
regulations adopted as part of the Specific Plan shall supersede such Article 5 in
Chapter 3_of Title 9 9-3-.6 of the Municipal Code.
5. Issues Not Addressed
In cases where a standard, regulation, or other issue is not addressed in
this Specific Plan, the appropriate provision of Title 9 of the Municipal Code shall
apply.
N t IN
Amendment of Specific Plan
A. Pursuant to Section 9-3.317 (f) of the Municipal Code. Scecific or Precise
Plans for the Specific Plan/Precise Plan(SP/PP) District shall be sub ect
to the development review process. and shall be adopted and amended
In the same manner provided for a Comprehensive Development Plan as
set forth in Section 9-3.31.5(d), Planned Communitv (PC) District.
rr:r.�av�ra .
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4. _ 1 -m+ -Supplemental District Regulations
The SupplemSupplemental District Regulations of Article 5 in Chapter
3 of Title 96 (signs, parking, fence regulations, etc.) of the Municipal Code
shall apply to this Specific Plan. However, specific supplementary district
regulations adopted as part of the Specific Plan shall supersede such Article 5 in
Chapter 3_of Title 9 9-3-.6 of the Municipal Code.
5. Issues Not Addressed
In cases where a standard, regulation, or other issue is not addressed in
this Specific Plan, the appropriate provision of Title 9 of the Municipal Code shall
apply.
EXHIBIT B
The Kinoshita Farm Property zoning designation is hereby amended to read as follows:
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Existing Zoning Designation
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Proposed Zoning Designation