Resolution Number 86-1-7-4RESOLUTION NO. 86-1-7-4
395
SPECIFIC PLAN 85-1 (AGRICULTURE/KINOSHITA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
SPECIFIC PLAN 85-1 (AGRICULTURE/KINOSHITA)
WHEREAS, on September 17, 1985, the City Council
initiated preparation of Specific Plan 85-1 to provide for
implementation of General Plan Amendment 85-2, as it pertains to
the 56.45 ± acres located at the northeast corner of Camino del
Avion and Alipaz Street, more specifically identified as
Assessor's Parcel No. 121-190-56; and,
WHEREAS, the Planning Commission has held a
duly -advertised public hearing on November 12, 1985, and
November 26, 1985, received public testimony, reviewed the staff
report, draft Focus Environmental Impact Report and other
relevant material concerning the Specific Plan and, considering
all of the above as it relates to the goals and policies of the
General Plan, as amended by General Plan Amendment 85-2,
forwarded a recommendation to approve Specific Plan 85-1; and,
WHEREAS, the City Council has held a duly -advertised
public hearing on December 17, 1985, and January 7, 1986,
received public testimony, reviewed the draft Focus Environmental
Impact Report and other relevant material concerning the Specific
Plan, and considered all of the above as it related to the goals
and policies of the General Plan, as amended by General Plan
Amendment 85-2; and,
WHEREAS, the City Council, after conducting a
duly -advertised public hearing on the Focus Environmental Impact
Report on December 17, 1985, and January 7, 1986, received public
testimony and certified said document as adequately describing
the general environmental impacts that could result if the
Specific Plan was approved; it was further determined that
additional environmental documentation may be necessary based
upon evaluation of specific project submittals; and,
WHEREAS, the City Council does hereby determine the
following regarding Specific Plan 85-1:
1. The Specific Plan is consistent with all
applicable goals and objectives of the General
Plan as amended by General Plan Amendment 85-2.
2. The Specific Plan will provide an implementation
mechanism to preserve a significant amount of
acreage for permanent agriculture/open space for
the Kinoshita property identified as Assessor's
Parcel No. 121-190-56.
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3 96 NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby adopt Specific Plan 85-1 as contained in Exhibits "A"
and "B" attached hereto.
PASSED, APPROVED AND ADOPTED this 7th day of
January 1986
PHILLIP R SCHWARTZE, MAYO
ATTEST:
9ITYCLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. R6_1-7-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 71-h day of
January . _ 19R6, by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
MARY ANN ANOVE , CITY CLERK
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STATE OF CALIFORNIA ) 397
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 9th day of January , 1986 ,
she caused to be posted:
RESOLUTION NO. 86-1-7-4
being: SPECIFIC PLAN 85-1 (AGRICULTURE/KINOSHITA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
SPECIFIC PLAN 85-1 (AGRICULTURE/KINOSHITA)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
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MARY
ANN
NOVER; CITY
CLERK
San
Juan
Capistrano,
California
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399
EXHIBIT "A"
1. Purpose and Intent - To provide for -the precise regulation
of land uses in order to facilitate implementation of the
General Plan regarding agricultural preservation for
56 acres located at the northwest corner of Camino Del
Avion and Alipaz Street as outlined by General Plan.
Amendment 85-2.
To provide for the utilization of innovative planning
programs to provide a preservation program that could result
in the preservation of an active agricultural land use.
This preservation program includes the use of the
various components which may be used either singularly
or in combination. Such components include a development
rights transfer program which would shift development
potential from this property to another property in
the community. A partial development option which would
allow development of 10 acres in uses compatible with an
active agricultural operation could be implemented. In
addition, a 10 -acre reservation area is set aside for a
development option if full transfer of development
rights over the remainder of the property has not
occurred in 10 years. Specific restrictions on the use
of the land would be per an executed development agreement
between the City and applicable property owners.
2. Agricultural Land Uses
A. Principal Uses and Structures Permitted (Agricultural
Preserve
(1) Farming, including all types of agricultural
and horticulture (excluding farms operated
publicly or privately for the disposal of
garbage, sewage, rubbish, or offal;
(21 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) One principal residential dwelling;
(4) 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 9-3.602.
Exhibit "A" -2-
B. Accessory Uses and
an
for
(1) Temporary stands primarily for the sale of
agricultural products produced on the premises.
(2) 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) Packing facilities for whole agricultural
products (excluding food processing).
C. Development Standards
The yard (setback) requirements, and other related
standards for the AG (General Agricultural) District,
as set forth in Section 4-3.424 of the Municipal
Code.
3. Partial Development Option - If the partial development
optionis exercised by the property owner, an open space
conservation easement shall be placed over the remainder
of the property. Said easement area would be subject to
the development rights transfer program described in
Subsection 4. Such a provision would be included as a
part of the development agreement (see subsection 6). If
the partial development option is requested, the
following uses and standards shall apply to any development
applications involving implementation of a Partial
Development Option.
A. Principal Permitted Uses
(_1)_ Educational uses, public and private, including
business, vocational and professional schools,
including art, dance, drama and music, child
day care centers, preschools and nursery
schools where the children are under direct
supervision.
(2) Religion -related uses, including churches, temples,
synagogues, convents, ministries, religious
retreats, and other places of religious worship.
(3) Agricultural-relat(d uses, including warehouse
and storage facilities for farm products, and
laboratories, together with related offices for
agricultural consultants or farm service
organizations.
(4) Health-related institutional uses, including
convalescent and nursing homes, senior citizen
homes where central kitchen facilities are
provided, and children homes where children are
under direct supervision.
B. Development Standards
The following development standards shall be used in
evaluation of any development application:
(1) Maximum development area - 10 acres.
(2) Minimum setback from public street - 30 feet
for single -story, 50 feet for two-story.
(3) All other building setbacks and building
heights shall be determined during site plan
review.
(4) Site and building design shall incorporate
low profile buildings which create a rustic
rural atmosphere by the use of architectural
themes, materials and colors consistent with
an agricultural environment.
401
(5) Adequate security/'landscape areas shall be
provided between the development and the
adjacent agricultural property to insure
compatibility between land uses.
C. Reservation Area
An additional 10 acres may be considered for a
partial development option, if the development
rights transfer program has not resulted in a
complete transfer program for the -remaining acreage
at the end of 10 years. The property owner may
apply to the Planning Commission and the City Council
for the right to develop the remaining 10 acres
after the 10 -year period. However, the decision to
grant additional development potential shall be at the
sole legislative discretion of the City Council.
Nothing set forth in this specific plan shall convey,
or be interpreted to convey, a vested right to the
property owner to develop the additional 10 acres
pursuant to the reservation language.
402
Exhibit "A" -4-
Development Rights Transfer Program - The major objective 1'
of this specific plan is to provide a method for the
transfer of development potential from this property
to other areas of the City. Said transfer program shall
consist of the following optional concepts:
(1) Straight Residential Unit Transfer - Under this
concept, the land would be assigned a development
potential of a given number of residential units
pursuant to the formula described herein. All or
a portion of these residential units could be
transferred to another receiving parcel. The
basis for a residential development transfer of
units would be 1.4 Medium Density Residential (5.0
dwelling units per gross acre) designation which
applied to the property prior to the adoption of
General Plan Amendment 77-1. A receiving property
owner could then be permitted to construct these
additional units on his land. The receiving
property owner would then compensate the Kinoshita
property owners for an amount equal to the value
of the residential land removed from development.
(2) Value Transfer Concept - Under this concept, the
receiving real property could be designated with an
alternate land use permitting a greater intensity
of land use other than that presently authorized.
The land would then be appraised at a value con-
sistent with the new General Plan and Zoning
designation. The difference in value between
the appraisal for new designation and an
appraisal for existing land use designation
would then be applied to the Kinoshita property;
that is, the owners of the Kinoshita property
would be paid the difference in value between
the appraisals, and the owners would, in turn,
legally restrict an amount of land equal in
value for open space purposes.
B. Preservation Area - Legal documents transferring
either an open space/'conservation easement or fee
title shall be prepared designating the area that
is to be conveyed due to a development rights
transfer agreement.
C. Form of Transfer - Transfer of development
rights from one property to another shall be
implemented by execution of a development
agreement in the form prescribed by Section 6
following.
403
Exhibit "A"
5. Review Procedures - Applications for a transfer of
development rights or partial development option
shall be considered in the following manner:
(A) Application - Application to be submitted to
the Department of Community Planning and
Development, including applicable exhibits as
identified by the City.
(Bi Environmental Review - Said application shall
be reviewed by the City's Environmental Review
Board to insure compliance with the provisions
of the California Environmental Quality Act.
(C) Planning Commission Review - The Planning
Commission, upon conducting of a duly noticed and
advertised public hearing, shall consider the
request and forward a recommendation to the
City Council based upon the following
criteria:
Cl) General Plan Consistency - The transfer
of development rights to a specific parcel
or partial development option is consistent
with all applicable provisions of the
General Plan.
(2) Consistenc With Munici al Code - The proposed
deve opment is consistent with all
applicable provisions of the Municipal
Code.
(3) Capability of Site to Accommodate Use -
The property is capable of accommodating
the proposed intensity of use.
(4) Compatibility of Proposed Use - The proposed
design and use of the property will be
compatible with adjacent existing and future
land uses.
(D)_ City Council Review - The City Council, upon
receipt of the report of the Planning Commission,
shall consider the application upon conducting
a duly noticed and advertised public hearing
and review of public testimony.
The City Council, upon confirmation of the criteria
listed in subsection C.1-4 above, may approve
or deny the application. If approval is granted,
it shall take the form of an ordinance (introduction/
adoption) and execution of a Development Agreement.
o�
Exhibit "A" -6-
Development Agreement - Implementation of either the Partial
Development Option and/or Development Rights Transfer
Program shall be in the form of an executed Development
Agreement between the City and all applicable property
owners.
A. Contents of Development Agreement
The development agreement shall specify the duration
of the agreement, the permitted uses of the property,
the density or intensity of use, the maximum height
and size of proposed buildings, and provisions for
reservation or dedication of land for public
purposes (agricultural/preservation). The develop-
ment agreement may include conditions, terms, restrict-
ions, and requirements for subsequent discretionary
actions provided that such conditions, terms,
restrictions, and requirements for subsequent
discretionary actions shall not prevent development
of the land for the uses and to the density or
intensity of development set forth in the agreement.
The agreement may provide that construction shall
be commenced within a specified time and that the
project or any phase thereof be completed within a
specified time.
B. Enforceability of Agreement
Unless amended or cancelled, a development agreement
shall be enforceable by any party thereto notwithstanding
any change in the general or specific plan or building
regulation adopted by the City, which alters or amends
the rules, regulations or policies specified above.
C. Regulations Effecting Property Subject To Devf
Unless otherwise provided by the development agreement,
rules, regulations, and official policies governing
permitted uses of the land, governing density, and
governing design, improvement, and construction
standards and specifications, applicable to develop-
ment of the property subject to a development agree-
ment, shall be those rules, regulations, and
official policies in force at the time of execution of
the agreement. A development agreement shall not
prevent the City, in subsequent actions applicable
to the property, from applying new rules, regulations,
and policies which do not conflict with those
rules, regulations, and policies applicable to the
property as set forth herein, nor shall a development
agreement prevent the City from denying or conditionally
approving any subsequent development project
application on the basis of such existing or new
rules, regulations, and policies.
..me.fl3+:'fi's..F=4e+w�.?i Oxy c��r.nr^w'_.• __
19
Exhibit "A" -7
7. Amendment of Specific Plan
405-
A.
05
A. The Director may approve minor modifications to the
approved Specific Plans pursuant to Section 9-2.314
of the Municipal Code.
B. The Planning Commission may approve modifications to
the approved Specific Plan if the Commission determines
that the modification is consistent with the overall
purpose and general design of the originally adopted
Specific Plan and that the integrity of the original
concept and plan is maintained.
C. If the Planning Commission determines that the proposed
amendment is not consistent with the overall purpose
and general design of the originally adopted Specific
Plan, a new application will be required. Such
change will be reviewed in the same -manner as the
initial application.
8. Supplementary District Regulations
The Supplementary District Regulations of Article 93.6
(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
9-3.6 of the Municipal Code.
9. Issues Not Addressed
In cases where a standard, regulations, or other issue is
not addressed in this Specific Plan, the appropriate
provision of Title 9 of the Municipal Code shall regulate.
406
AREA
AGRICULTURE LANG USES
AG
.PApT1Al DEVELOPMENT OPT