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Ordinance Number 1051ORDINANCE NO. 1051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.588 AND AMENDING SECTIONS 9-3.301, 9-3.305, AND 9-3.309 REGARDING THE CREATION OF AN URBAN AGRICULTURE INCENTIVE ZONE (UAIZ) WHEREAS, the City of San Juan Capistrano, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on September 28, 2013, Governor Brown approved Assembly Bill (AB) No. 551, which authorizes a California county or a city to, after a public hearing, establish by ordinance an Urban Agriculture Incentive Zone (UAIZ) within its boundaries; and WHEREAS, the Urban Agriculture Incentive Zones Act (AB 551) is intended to promote small-scale agriculture on vacant, unimproved or blighted lands in urban areas through property tax incentives for owners of property 0.1 to 3 acres in size that are restricted by contract with a city or county to be used for agriculture for a period of not less than five (5) years; and WHEREAS, a city may establish by ordinance an Urban Agriculture Incentive Zone (UAIZ) after approval from the board of supervisors of the county in which the city is located; and WHEREAS, under the Urban Agriculture Incentive Zone Act, the County may not establish a UAIZ within any portion of the spheres of influence of a city unless the legislative body of the city has consented to the establishment of the UAIZ; and WHEREAS, at a regularly scheduled meeting on August 4, 2015, the City Council initiated an amendment to the City's Land Use Code to consider the creation of a UAIZ applied to three zoning districts-Agriculture-Business (A), Residential/Agriculture (RA), and General Open Space (GOS)-within the City of San Juan Capistrano; and WHEREAS, on March 14, 2017, the Orange County Board of Supervisors conducted a public hearing and approved Resolution No. 17-031 approving the establishment of an UAIZ within the City of San Juan Capistrano with the condition "that no contract entered into by the City pursuant to the Act shall allow the cultivation of marijuana or cannabis"; and consistent with the requirements of AB 551; and 1 01051 WHEREAS, the proposed project has been processed pursuant to Section 9- 2.309, Amendment of the Land Use Code; and WHEREAS, the Environmental Administrator has determined the Land Use Code Amendment is statutorily exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the CEQA Guidelines); and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on September 12, 2017 pursuant to Title 9, Land Use Code, Section 9-2.302(g) to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council here incorporates and adopts the foregoing recitals and accompanying staff report as findings as though they were fully set forth herein. Section 2. Compliance with the California Environmental Quality Act. Based upon all the evidence presented in the administrative record, including but not limited to the staff report for the proposed Zoning Amendment, the City Council hereby finds and determines that the proposed Zoning Amendment is exempt from review under State CEQA Guidelines Section 15061(b)(3), the General Rule Exemption. The General Rule Exemption applies here because, for the following reasons, it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment: • First, the code amendment itself in no way authorizes any construction. The code amendment allows the City and property owner to enter into a UAIZ contract, which will specify the use of the site. A UAIZ contract is required for a property owner to initiate any construction under this code amendment or the UAIZ Act. The City, as appropriate, will assess the individual UAIZ contracts in accordance with CEQA and local environmental regulations when and if those contracts are requested by individual property owners. • Second, the code amendment in no way changes the zoning or permitted land uses for any property in the city. The code amendment allows for UAIZ contracts in three zoning districts: Agriculture-Business (A), Residential/Agriculture (RA), and General Open Space (GOS). These three zoning districts already allow farming as use permitted by right. A UAIZ contract will enable a property owner to use the property for a specified small-scale agricultural use (e.g., small commercial crop, community garden, educational agricultural project, etc.), which is consistent with farming use. 2 01051 • Third, the code amendment's purpose is to establish financial incentives for small-scale agricultural uses, if requested by a property owner. These financial incentives are available only for property owners who's properties are already designated Agriculture-Business (A), Residential/Agriculture (RA), and General Open Space (GOS). The code amendment does not make any changes to density or intensity of agricultural uses on these sites. With regard to Code Amendment No . 15-001, the City Council finds as follows: 1. The proposed land use code amendment conforms to the goals and policies of the General Plan because it provides for the fulfilment of the General Plan's goals and policies, including: Conservation and Open Space Goal 3, which provides, "Preserve existing agricultural activity," and Conservation and Open Space Policy 3.1, which provides, "Implement economic programs that promote the long-term viability of designated agricultural parcels within the City ." The proposed ordinance continues to allow for tree and crop farming within the Agriculture-Business (A), Residential/Agriculture (RA), and General Open Space (GOS) districts. The UAIZ will be allowed within parcels that meet the criteria and regulations and its creation will "help to preserve the traditional rural character of the community, maintain open space ... " 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. Moreover, the proposed Land Use Code Amendment provides for the public safety, convenience, and general welfare because, among other things, it will provide an incentive for property owners to revitalize underutilized parcels into active areas, remove blighted conditions and promote community awareness and participation in urban agriculture, thereby reducing crime. 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, generally, that the UAIZ contracts must continue to adhere to the base zoning district's land use standards including lot coverage, setbacks, and height restrictions. 4 . The proposed Land Use Code amendment is reasonable and beneficial at this time because Assembly Bill (AB) 551 -related to the UAIZ -was approved on September 28, 2013 and sunsets on January 1, 2019. As such, it is reasonable and beneficial for the City to adopt the proposed ordinance at this time in order for property owners to benefit from this section of State law. 3 01051 Sect ion 3. Chapter 3, Article 5, of Title 9 of the San Juan Capistrano Municipal Code is hereby amended to add Section 9-3.558 as follows: Sec. 9-3.558. Urban Agriculture Incentive Zone. (a) In accordance with the Urban Agriculture Incentive Zones Act (California Government Code Section 51040 et seq.) and all amendments thereto , this section establishes an urban agriculture incentive zone (UAIZ) within the City. The UAIZ shall apply to the following zoning districts: (1) Agriculture-Business (A). (2) Residential/Agriculture (RA). (3) General Open Space (GOS). (b) As authorized by the Act, the City may enter into UAIZ contracts with landowners to use vacant, unimproved, or blighted lands for small-scale agricultural use in exchange for tax incentives. (c) As authorized by the Act, the Director may adopt rules and regulations for the implementation and administration of the UAIZ and UAIZ contracts. (d) The City shall not enter into a UAIZ contract or renew an existing UAIZ contract after January 1, 2019, unless the Act is amended to authorize contracts after that date. Any UAIZ contracts entered into pursuant to the Act and this chapter on or before January 1, 2019 will be valid and enforceable for the duration of the UAIZ contract. Section 4. Section 9-3.301 of Chapter 3, Article 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby amended as follows (additions are underlined): RA HR RSE-RSE-RS-RS-RG-RS-MRD-RG-RM• VHD MHP PRD Notes a nd Exce ptions 40,000 20,000 10,000 7,000 7,000 4,000 4,000 4,000 For HR-These uses are considered interim uses until residential development plans are approved. Crop and tree p p -------- ----farming E!:!t Rt. -Ibt Ci!): ron~ gnJ~t img UdU!Il AS[is;;J.!hU~ Z2u~ (l.!A IZ) !l!!ll!rll!<l § l'!'i!lllll'lU!~dY lllVD~Cl !s~~ SWi!Jo 2-3.~58 lldm1~ Am:i~nlUJmllo~~uli~~ Z2nd 4 01051 Section 5. Section 9-3.305 of Chapter 3, Article 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby amended as follows (additions are underlined): C M IP A Notes and Exceptions Farming --p a. Includes all types of agriculture and horticulture. b. Excludes farms operated publicly or privately for the disposal of garbage, sewage, rubbish, or offal. c . [Qr ll Th~ Cit.: llliiX ~U!~[ [DIQ !.[[!lanllgrf~!tl l!lrll Z!ln~ lUll I"') ~Q nt m~l~ 'l'ilh DWil.fli:lX !l"ll~!li (~~~ S!:llli!lll 9-;!.~SS Urlmn AgrjQuUumllu~Q IHi~~ Z2•1 ~ Section 6. Section 9-3.309 of Chapter 3, Article 3 of Title 9 of the San Juan Capistrano Municipal Code is hereby amended as follows (additions are underlined): Farming (crop and tree) GOS OSR NP CP SP RP NOS RC Notes and Exceptions p p p forGOS -The Ci!v mny enter int o llrhan Agricul!urc Zonq IUAIZl cvmrllQJ< wilh propcoy owl!llrs <see Sect jon 9 -3 558 Urban Mricu!tuml Jncen!ivc Zone). Section 7 . Severability. If any part of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision has no effect on the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted each part of this ordinance, irrespective of the fact that any other part or parts thereof might be declared invalid or unconstitutional. Sect ion 8. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Juan Capistrano, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Section 9. Custodian of Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the custodian of the record of proceedings. Section 10. Notice of Exemption. The City Council hereby directs City staff to prepare and file a Notice of Exemption with the County of Orange, County Clerk within five working days of the adoption of this Ordinance. 5 01051 Section 11. Sunset Provision. Pursuant to Government Code section 51042, the City shall not enter into a new contract or extend an existing contract after January 1, 2019, unless the Act is amended to permit contracts after that date. Notwithstanding the foregoing, any contract entered into pursuant to the Act on or before January 1, 2019, shall be valid and enforceable for the duration of the contract. APPROVED AND ADOPTED this ih day of November 2017. 6 01051 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1051 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 1 th day of October 2017, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the th day of November 2017, by the following vote , to wit: NCIL MEMBERS: NCIL ME MBERS: Maryott, Patterson, Reeve, Farias and Mayor Ferguson No ·e STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO I, MARIA MORRIS, declare as follows : ) ss ) AFFIDAVIT OF POSTING 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 181h day of October 2017, 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 COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.588 AND AMENDING SECTIONS 9-3.301, 9-3.30 AND 9-3.309 REGARDING THE CREATION OF AN URBAN AG ~I U T RE INCENTIVE ZONE (UAIZ) This document was posted in the Office of the CitY) C MARl 7 0 1051 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO I, MARIA MORRIS, declare as follows : ) ss ) AFFIDAVIT OF POSTING 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 141h day of November 2017, I caused to be posted a certified copy of Ordinance No. 1051, adopted by the City Council on November 7, 2017, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO , CALIFORNIA, A ]D . SECTION 9-3.588 AND AMENDING SEC T IONS 9-3.301, 9-.3 5, AND 9-3 .309 REGARDING THE CREATION OF AN URBAN / G I L T U' E INCENTIVE ZONE (UAIZ) { This document was posted in the Office of the Ci ty e k ( ( 8 01051