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Ordinance Number 11171 ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23-002) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS ACCESSORY USES AND IN CONJUNCTION WITH A PERMITTED OR CONDITIONALLY PERMITTED USE AND WITH BEER AND WINE SERVICE WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE HISTORIC COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREET LLC). WHEREAS, 31791 Los Rios Street LLC, of 31791 Los Rios Street, San Juan Capistrano CA 92679 (the “Applicant”), has requested approval of Code Amendment (CA) 23-002 to amend the Los Rios Specific Plan (SP 78-01) (the “Los Rios Specific Plan”) to allow eating establishments no larger than 1,000 square feet (s.f.), with beer and wine service with food service between 11:00 a.m. and 8:00 p.m., as accessory uses and in conjunction with a permitted or conditionally permitted use in the Historic Commercial district and clarify the boundary line between the Historic Commercial District and the Historic Residential District that traverses the property located at 31791 Los Rios Street (APN 121-160-17) (the “Project”), 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; and, WHEREAS, 31791 Los Rios Street LLC, is the owner of real property located at Assessor’s Parcel Numbers 121-160-17 & 20; and, WHEREAS, on June 20, 2023, 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 23-002) (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, boundaries, and staff is proposing a clean-up amendment; and, WHEREAS, the proposed Project is being processed pursuant to Section 9-2.301, Development Review, of the Land Use Code; and, WHEREAS, pursuant to Section 21067 of the Public Resources Code, and, Section 15367 of the California Environmental Quality Act (“CEQA”) Guidelines (Cal. CA23-002 Ordinance 1117 April 16, 2024 2 Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Project; and, WHEREAS, in accordance with CEQA, the City's Environmental Administrator has determined that the project is categorically exempt from further review under CEQA per State CEQA Guidelines Section 15311, Class 11 "Accessory Structures" and Section 15303, Class 3 "New Construction or Conversion of Small Structures"; and, WHEREAS, the City Council has considered the Environmental Administrator's determination pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 28, 2024, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed Project and has considered all relevant public comments and all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the applicant; and, WHEREAS, the Planning Commission, at its February 28, 2024, meeting, ultimately recommended approval of the Project to the City Council with additional amendments requiring approval of an Accessory Use Permit in order to serve beer and wine in conjunction with food service at a food establishment and eliminating the proposed hours of alcohol service given that the hours of alcohol service will be established through the Accessory Use permit process; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and, WHEREAS, on April 2, 2024, 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 hereby finds that pursuant to the California Environmental Quality Act and the State CEQA Guidelines that the Project is exempt from further review under State CEQA Guidelines, Section 15311, Accessory Structures (Class 11), and State CEQA Guidelines Section 15303, New Construction (Class 3). The project is consistent with Sections 15311 and 15303 because the it includes the allowance to construct an accessory eating establishment, or restaurant, of up to 1,000 s.f., operated CA23-002 Ordinance 1117 April 16, 2024 3 accessory to existing permitted or conditionally permitted uses, as well as clarifying other accessory activities or structures associated with the permitted and ongoing uses. Lastly, no exceptions to the exemption in State CEQA Guidelines, Section 15300.2 apply. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk-Recorder a notice of exemption within five (5) working days of the approval of this Ordinance. SECTION 3. Findings for Approval of Code Amendment 23-002. 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: 1) 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, Land Use Goal 1, which provides, “Develop a balanced land use pattern to ensure that revenue generation matches the City’s responsibility for provision and maintenance of public services and facilities” and Land Use Policy 1.2, which provides, “Encourage commercial, tourist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax.” The proposed Land Use Code Amendment will allow for the development of small eating establishments accessory to existing use, enhancing the ability for existing and future business operations, which are developed in accordance with the Historic Commercial District of the Los Rios Specific Plan, to generate revenue and in turn sales tax. Furthermore, the clarification of the Historic Commercial district boundary to avoid bisecting structures allows for clear identification of where uses are permitted to be established. 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 and future development which may be pursued in response to this Project will comply with the development standards established in the Los Rios Specific Plan (SP 78-01). 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 entitlement. Furthermore, the addition of the accessory eating establishment would maintain compatibility with the adjacent neighborhood zoning designation which permits eating establishments as accessory uses and the adjacent commercial zoning designation which permits eating establishments as a principal use. SECTION 4. Los Rios Specific Plan (SP) 78-01. CA23-002 Ordinance 1117 April 16, 2024 4 The proposed amendment to Los Rios Specific Plan 78-01, and bearing the file number as follows: Code Amendment (CA) 23-002 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. 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 CA23-002 Ordinance 1117 April 16, 2024 5 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 16th day of April, 2024. SERGIO FARIAS, MAYOR ATTEST: CHRISTY JAKL, ACTING CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, Acting City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1117 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 2nd day of April 2024 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 16th day of April 2024 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Campbell, Bourne and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECUSED: COUNCIL MEMBERS: Taylor _____________________________________ CHRISTY JAKL, ACTING CITY CLERK CA23-002 Ordinance 1117 April 16, 2024 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, 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 11th day of April 2024, 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, AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23-002) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS ACCESSORY USES AND IN CONJUNCTION WITH A PERMITTED OR CONDITIONALLY PERMITTED USE AND WITH BEER AND WINE SERVICE WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE HISTORIC COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREET LLC). This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, ACTING CITY CLERK San Juan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, 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. CA23-002 Ordinance 1117 April 16, 2024 7 On the 18th of April 2024, I caused to be posted a certified copy of Ordinance No. 1117, adopted by the City Council on April 16, 2024, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23-002) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS ACCESSORY USES AND IN CONJUNCTION WITH A PERMITTED OR CONDITIONALLY PERMITTED USE AND WITH BEER AND WINE SERVICE WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE HISTORIC COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREET LLC). This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, ACTING CITY CLERK San Juan Capistrano, California 61147.00310\42043855.1 EXHIBIT A Pages 28 and 29 of the Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows: 1. 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. 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. c. Conditional Uses Permitted: 1. Petting zoos with related ancillary uses and activities. 2. Small animal raising, commercial or non-commercial, limited to small domesticated species, such as sheep, rabbits, chickens and animals of similar size. Animal slaughtering or commercial animal raising or breeding shall be prohibited. 3. The keeping of horses, commercial or non-commercial, as set forth in Section 9-3.620 of the Municipal Code, provided the density does not exceed six horses per acre and a live-in caretaker resides on site. d. Accessory Uses Permitted. 1. Eating establishments no larger than 1,000 square feet, in conjunction with, and clearly accessory to, a permitted Principal or Conditional Use identified in Sections (b) and (c) above. Eating establishments shall not be greater than the Principal or Conditional permitted use in size, operation, or patronage. Eating establishments may serve beer and wine (no distilled spirits) subject to the issuance of an Accessory Use Permit pursuant to Part 4.E. of this Specific Plan. 61147.00310\42043855.1 e. 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 front yard setback: (one-story) 10 feet. (two-story) 20 feet. 4. Minimum side yard setback: 8 feet one side & 18 feet total. 5. Minimum rear yard setback: 20 feet. 6. Maximum building height: 15 feet. 30 feet if structure is placed within 100 feet of the westerly property line adjacent to Paseo Adelanto. 7. Maximum building area: n/a. 8. Minimum open area: 90%. 9. Architectural projections: 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 bay windows shall be considered an architectural projection. Architectural projections may project into any required setback or exceed the maximum building height limit as specified in the applicable provisions of this section. 10. Parking: To protect on-site and adjacent off-site historic resources and their character, vehicular parking requirements are considered satisfied by a central public parking lot in the Los Rios Specific Plan area. e. Development Processing: Any proposed structure, commercial or non-commercial, requiring a building permit, shall be subject to the Development Review Procedures of Part 4 of this Specific Plan. f. Supplementary District Regulations: 1. Unless specified otherwise, structures, and uses will be required to meet all applicable development standards of Title 9, Article 6, Supplementary District Regulations of the Municipal Code. 2. In instances where beer or wine is served in conjunction with food service at an eating establishment pursuant to Section (d)(1) above, in addition to any Alcohol Beverage Control (ABC) fencing/barrier requirements, a physical barrier, such as a wall, fence or structure shall be erected along the property’s entire Historic Commercial (HC) District boundary to prevent alcohol consumption from traveling to the adjacent Historic Residential (HR) District. 61147.00310\42043855.1 Page 47 of the Los Rios Specific Plan (SP 78-01) is hereby amended to read as follows: ii. Any proposal to relocate a structure(s) to, from, or within the Los Rios Specific Plan Historic District shall be subject to review by the Cultural Heritage Commission. The proposed relocation site will comply with Secretary of the Interior’s “Guidelines for Moving Historic Buildings” and the State Office of Historic Preservation’s “Regulations for California Register of Historical Resources.” D. Commercial Core Planning Area. Discretionary review of the Commercial Core Planning Area shall be undertaken consistent with the requirements of the SPA (Appendix A to this Specific Plan). E. Accessory Use Permit. a. Intent and Purpose. The purpose of an Accessory Use Permit is to provide a food-related establishment that is permitted to operate as an accessory use pursuant to Part 3.B.5.c.5. in the Historic Residential District or Part 3.B.4.d.1. in the Historic Commercial District an opportunity to seek City approval to serve alcoholic beverages for on-site consumption in conjunction with food service. The intent of the Accessory Use Permit review process is to ensure that the service of alcohol in conjunction with food services does not result in adverse impacts to neighboring residents and businesses and the historical residential character of the Los Rios Specific Plan Historic Residential District is maintained. b. Accessory Use Permit Eligibility. Only food-related establishments that have previously approved Accessory Use Permits in the Historic Residential District or new eating establishments in the Historic Commercial District may apply for a new Accessory Use Permit. c. Permitted Hours of Alcohol Service. The allowed hours of alcohol services shall be established on a case-by-case basis through the Accessory Use Permit review process but in no case shall alcohol service, including for private events, extend past 10 pm. d. Review Process. The review of an Accessory Use Permit application shall be as follows upon submission of an application in accordance with the requirements of the Development Services Department. 1. Cultural Heritage Commission.