Loading...
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.