PC Resolution-24-02-28-01PC RESOLUTION NO. 24-02-28-01
CODE AMENDMENT (CA) 18-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO APPROVE OF CODE AMENDMENT 18-005 AND
APPROVING A REQUEST TO AMEND THE KINOSHITA FARM SPECIFIC PLAN (SP)
85-01 STANDARDS TO CLARIFY THAT ALL THE CURRENT FARM OPERATIONS,
ACTIVITIES AND STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE
PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-
57) AND A FINDING THAT SAID ACTION IS CATEGORICAL EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE
CEQA GUIDELINES SECTIONS 15301 and 15303 (APPLICANT: THE ECOLOGY
CENTER, ANDREW SIEGER)
Whereas, the Ecology Center, Andrew Sieger, has requested approval of
CA 18-005 to clarify that all the current farm operations, activities and structures
associated with The Ecology Center are permitted by the Specific Plan 85-01 Kinoshita
Farm, which governs the 28-acre City-owned Kinoshita Farm property located at 32701
Alipaz Street (APN 121-190-57). The subject property, generally located at the northwest
corner of Alipaz Street and Camino Del Avian, has a General Plan Land Use Designation
of Agri-Business and a Zoning Designation of Specific Plan (SP) 85-01; and,
Whereas, the City of San Juan Capistrano is the owner of real property
located at 32701 Alipaz Street (APN 121-190-57); and,
Whereas, the proposed project has been 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.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and,
Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt per State CEQA Guidelines Section 15301 , Existing
Facilities (Class 1 ), and in the alternative, State CEQA Guidelines Section 15303, New
Construction (Class 3). A Class 1 exemption applies to the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of existing or former use. Here, the proposed project will
update the Kinoshita Farm Specific Plan so that all existing uses on the property are
clearly identified as permitted within the zoning document. This is a minor code
amendment to resolve allowance inconsistencies that involve negligible or no expansion
of existing use. Accordingly, the project falls within the Class 1 exemption. In the
alternative, a Class 3 exemption applies to construction and location of a limited number
of new small structures including accessory structures such as 1,000 square foot
maintenance structures, greenhouses, and sprung/tension structures. Lastly, no
PC Resolution 24-02-28-01 2 February 28, 2024
exceptions to the exemption in State CEQA Guidelines, Section 15300.2 apply. A Notice
of Exemption (NOE) will be filed with the County Recorder's Office within 5 days should
the project receive final approval; and,
Whereas, the Planning Commission 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 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 recommended changes to the Code
Amendment, including that there be up to a maximum of six seasonal or temporary
employees residing on the property, and that any residential units be designed with
agrarian or farmhouse architecture compatible with the existing structures; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does he'reby find that the entire project is Categorically
Exempt from further review under the California Environmental Quality Act pursuant to
State CEQA Guidelines Section 15301, Existing Facilities (Class 1 ), and in the alternative,
State CEQA Guidelines Section 15303, New Construction (Class 3). A Class 1 exemption
applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use.
Here, the proposed project will update the Specific Plan so that all existing uses on the
property are clearly identified as permitted within the zoning document. This is a minor
code amendment to resolve allowance inconsistencies that involve negligible or no
expansion of existing use. Accordingly, the project falls within the Class 1 exemption. In
the alternative, a Class 3 exemption applies to construction and location of a limited
number of new small structures including accessory structures such as 1,000 square foot
maintenance structures, greenhouses, and sprung/tension structures.
None of the exceptions to the categorical exemptions as set forth in State
CEQA Guidelines Section 15300.2 applies. The six (6) exceptions to this Exemption are:
(a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e)
Hazardous Waste Sites; and (f) Historical Resources.
a. The proposed project will not diminish or impact agricultural
farmland. Additionally, the proposed project is not located within particularly sensitive
environments and will not impact an environmental resource of hazardous or critical
concern where designated, precisely mapped, and officially adopted pursuant to law by
federal, state, or local agencies;
PC Resolution 24-02-28-01 3 February 28, 2024
b. There is no reasonable possibility of cumulative impacts. Staff does
not anticipate that other land use changes of the same type will take place at the project
site or the surrounding area, or that the cumulative impact of any such projects would
have a cumulatively significant impact. (State CEQA Guidelines,§ 15300.2(b).)
c. There is no reasonable possibility that the proposed project will have
a significant effect on the environment due to unusual circumstances. The proposed
project simply seeks to clarify and memorialize land uses occurring on the site, and there
is no evidence that unusual circumstances exist, nor that any such circumstances might
cause significant effects. (State CEQA Guidelines, § 15300.2(c).)
d. The proposed project will not result in damage to any scenic
resources within a state scenic highway. (State CEQA Guidelines, § 15300.2(d).)
e. The proposed project is not located on a hazardous waste site or any
other site included on a list compiled pursuant to Section 65962.5 of the Government
Code. (State CEQA Guidelines,§ 15300.2(e).)
f. The proposed project will not cause a substantial adverse change to
the significance of a historical resource. (State CEQA Guidelines,§ 15300.2(f).)
The Planning Commission hereby directs staff to prepare, execute and file
with the Orange County Clerk a Notice of Exemption within five (5) working days of
Project's approval and adoption of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by, Subsection (e) of Section 9-2.309 of the City Municipal Code,
Amendment of the Land Use Code 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 the proposed amendments retain the farming operation use
and ensures that all activities are related to the production and sales of agricultural
crops as identified within the Agri-Business Land Use Designation description.
Further, it provides for the fulfilment of the General Plan's goals and policies, including
Land Use Goal 4, which provides, "Preserve major areas of open space and natural
features"; and with Cultural Resources Goal 1, which provides, "Preserve and protect
historical, archaeological, and paleontological resources." The proposed Land Use
Code Amendment will allow for the ongoing stewardship of the Ecology Center to use
and preserve the ongoing farming operation while educating and encouraging
sustainable farming and production of farm to table operations in furtherance of Land
Use Goal 4 and Cultural Resource Goal 1.
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.
PC Resolution 24-02-28-01 4 February 28, 2024
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, specifically, that the existing and future land uses must conform to the
Specific Plan.
4. The proposed Land Use Code amendment is reasonable and beneficial at this time
because the Specific Plan will memorialize and clarify all of the existing land uses on
the property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
of the City of San Juan Capistrano adopt amendments to the Kinoshita Specific Plan (SP)
85-01, amending the use set forth therein for property at 32701 Alipaz Street (APN 121-
190-57), as more specifically described in Exhibit A, attached hereto and incorporated
herein.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: This approval shall become
effective following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 5:30 pm, Thursday, March 14, 2024.
This Project approval shall be valid for a period of 12 months from the effective date of
approval of this resolution, and shall expire on March 14, 2025 unless a time extension
request is granted by the Zoning Administrator or a grading permit related to this
discretionary approval have been issued prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND A
Services Director
retary
EXHIBIT A
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)
Amended January 16, 2024 (Ordinance 1115)
Amended XXXXXX XX, 2024 (Ordinance XX.XX)
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
1.
2.
Purpose and Intent -The purpose and intent of this Specific Plan is to provide
for the precise regulation of land uses in order to facilitate implementation of
the General Plan regarding agricultural preservation and community park use for
a 28-acre Kinoshita Farm Property located at the northwest corner of Camino
Del Avian and Alipaz 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.
Agricu ltural Land Uses -The following regulations apply to all areas designated
"4.2, Agri-business" by the General Plan Land Use Map:
A. Principal Uses Permitted (Agricultural preserve)
(1) Farming. All types of agricultural, horticulture, and sustainable farming
operations that occur between sunrise and sunset, including the
following associated activities provided that they are clearly ancillary
to the primary farming use:
i. The processing of farm products grown on and off the property for
onsite or off-site sales;
ii. The keeping, raising and breeding of rabbits, chickens and other
fowl for egg production sales (on-site or off-site) and manure
production for use on the property (shall be located at least 300'
from adjacent residential property);
iii. Educational activities related to farming, agricultural, horticultural,
and sustainability, including but not limited to tours of the farming
operations, and private classes on farming/food processing;
iv. Retail sales of farm products;
v. Concession stands and/or cafes, including the sale of beer and
wine;
vi. Evening farm dinner events which include the service of beer and
wine, provided farm products grown or processed on the site are
served, the events end by 10:00 p.m. and no more than thirty-six
(36) per year;
vii. Up to 6 farm celebration events per calendar with the service of
beer and wine, provided the City is notified at least 30 calendar
days in advance of each event (events such as wedding
ceremonies, private parties, or concerts are prohibited);
viii. Artist exhibits studio, showcasing and sustainable art for sale;
ix. Outdoor art installations which provide imagery related to
agricultural, horticultural, or sustainable farming; and,
x. Up to a maximum of six seasonal or temporary employees
associated with the agricultural operations residing on the
property.
City of San Juan Capistrano
Specific Plan 85-01, Kinoshita 3
(2) One principal residential dwelling, to be used as a caretakers
residence;
(3) Community garden plots;
(4) Administrative offices related to management of the agricultural
preserve;
(5) Public skatepark and related facilities and improvements including
restrooms, play structure, shade structures and landscaping;
(6) Public trail;
(7) Any use not specifically listed in this Specific Plan shall be regarded
as not being a permitted use, except as provided for in Municipal
Code Section 9-3.203 Unlisted uses.
B. Accessory Uses and Structures in Support of the Principle Uses Permitted
The structures listed in this section may be established without the need to
obtain planning approval of an Architectural Control or Site Plan Review
provided: 1) the appropriate Building Permits are obtained; 2) the
structures are permitted through execution of a License Agreement with
the City of San Juan Capistrano that governs the property; 2) the structures
are at least 50' from the Historic Congdon House or contributing water
tower structure; and, 3) the structures do not reduce or impact agricultural
farming land.
( 1) Permanent or temporary stands primarily for the sale of agricultural
products produced either on the premises, or on other agricultural
preservation areas;
(2) A caretakers residential structure and a maximum of six temporary or
seasonal employee living quarters , including those of conventional
construction and modular units. Residential units to be designed with
agrarian or farmhouse architecture and be architecturally compatible
with existing structures onsite;
(3) Maintenance and storage facilities, including barns and shipping
containers, provided each structure does not exceed 1,000 square
feet;
( 4) Parking facilities;
(5) Green houses;
City of San Juan Capistrano
Specific Plan 85-01, Kinoshita 4
3.
4.
C.
(6) Sprung or tension fabric structures and shelters;
(7) Live entertainment and/or amplified sound is permitted provided
sound level does not exceed the applicable noise limits established
by the San Juan Capistrano Land Use Code.
Development Standards
The following standards are derived from the A (Agri-Business) Zoning
District, as set forth in Section 9-3.305 of the Municipal Code:
Minimum Lot Area:
Minimum Street Frontage:
Minimum Front Yard Setback:
Minimum Side Yard Setback:
Minimum Rear Yard Setback:
Maximum 1st Floor/Lot Area Ratio:
Maximum 2nd Floor/ 1st Floor Ratio:
Maximum Building Height:
10 acres
200 feet
150 feet
20 feet
50 feet
0.10
75%
35 feet
Amendment of Specific Plan
Pursuant to Section 9-3.317 (f) of the Municipal Code, Specific or Precise Plans
for the Specific Plan/Precise Plan (SP/PP) District shall be subject 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
9-3.315(d), Planned Community (PC) District.
Supplemental District Regulations
The Supplemental District Regulations of Article 5 in Chapter 3 of Title 9 (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 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.