Resolution Number 22-07-19-03RESOLUTION NO. 22-07-19-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RESCINDING ORDINANCE NO. 1098
APPROVING CODE AMENDMENT (CA) 21-005 TO AMEND THE
KINOSHITA FARM SPECIFIC PLAN (85-01) TO ALLOW A PUBLIC
SKATEPARK AND TRAIL AS PERMITTED USES AND REZONE (RZ)
21-003 TO REZONE THE CITY -OWNED 28 -ACRE PROPERTY
LOCATED AT 32681 ALIPAZ STREET FROM AGRICULTURE/SPECIFIC
PLAN- PRECISE PLAN TO SPECIFIC PLAN -PRECISE PLAN;
RESCINDING RESOLUTION 22-04-05-01 ADOPTING A MITIGATED
NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING
REPORTING PROGRAM FOR REZONE (RZ) 21-003, CODE
AMENDMENT (CA) 21-005 AND CITY SKATEPARK AND TRAIL
PROJECT (CIP 21201); AND RESCINDING RESOLUTION 22-04-05-02
APPROVING THE CITY SKATEPARK AND TRAIL PROJECT (CIP
21201)
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, the Kinoshita Farm Specific Plan (SP) 85-01 regulates the land uses
allowed on the 28- acre City -owned property; and,
WHEREAS, on May 4, 2021, the City Council initiated a Code Amendment (CA)
21-005 to amend the Kinoshita Farm Specific Plan to allow a skatepark and trail as
permitted uses and a Rezone (RZ) 21-003 of the property from Agriculture/Specific
Plan -Precise Plan to Specific Plan -Precise Plan; and,
WHEREAS, on April 5, 2022, the City Council approved the introduction and first
reading of an ordinance approving a code amendment and rezone to amend the
Kinoshita Farm Specific Plan to allow a City skatepark and trail project and rezone the
Kinoshita Farm Property From Agriculture/Specific Plan to Specific plan, approved final
design of the City Skatepark and Trail Project (CIP 21201), adopted a Mitigated
Negative Declaration for the project, and authorized staff to advertise for construction
bids; and,
WHEREAS, on April 19, 2022, the City Council adopted the ordinance approving
the code amendment and rezone to amend the Kinoshita Farm Specific Plan to allow a
City skatepark and trail project and rezone the Kinoshita Farm Property From
Agriculture/Specific Plan to Specific plan; and,
WHEREAS, the City Council now desires to rescind the prior project and land
use approvals associated with the City Skatepark and Trail Project (CIP 21201) and
perform additional review of the proposed project in accordance with the California
Environmental Quality Act (CEQA).
1 7/19/2022
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. Findings. The City Council hereby rescinds Ordinance No. 1098
approving Code Amendment (CA) 21-005 to amend the Kinoshita Farm Specific Plan
(85-01) to allow a public skatepark and trail as permitted uses and Rezone (RZ) 21-003
to rezone the City -owned 28 -acre property located at 32681 Alipaz Street from
Agricultural/Specific Plan -Precise Plan to Specific Plan -Precise Plan; rescinds
Resolution 22-04-05-01 adopting a Mitigated Negative Declaration (MND) and
Mitigation Monitoring Reporting Program for Rezone (RZ) 21-003, Code Amendment
(CA) 21-005 and City Skatepark and Trail Project (CIP 21201); and, rescinds Resolution
22-04-05-02 approving the City Skatepark and Trail Project (CIP 21201).
Section 3. CEQA Compliance. The rescission of Ordinance No. 1098,
Resolution 22-04-0501 and Resolution 22-04-0502 is not a project subject to the
California Environmental Quality Act (CEQA) because the rescission is not an approval.
(State CEQA Guidelines, Section 15378.). Instead, the action rescinds a prior approval.
Section 4. Severability. If any provision of this Resolution or the application
of any such provision to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this Resolution that can be given effect
without the invalid provision or application, and to this end the provisions of this
Resolution are severable. The City declares that the City would have adopted this
Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 5. Certification. The City Clerk of the City of San Juan Capistrano
shall certify to the adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately
upon its adoption.
Section 7. Custodian of Records. The custodian of documents constituting
the record of proceedings for this matter is the City Clerk of the City of San Juan
Capistrano. The documents constituting the record of proceedings for this matter are
located at City Hall at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
2 7/19/2022
APPROVED AND ADOPTED THIS 19th d f July 2022.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
DEREK REEVE, MAYOR
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 22-07-19-03 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
19th day of July 2022, by the following vote:
AYES. CO NCIL MEMBERS: Bourne,
NOES: O NCIL MEMBERS: None
ABSEMN00UNCIL MEMBERS: None
CITY CU
Taylor, Farias, Hart, and Mayor Reeve
3
7/19/2022