Loading...
Ordinance Number 1098ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21- 005) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING FROM AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH REZONE (RZ 21-003) (ASSESSOR PARCEL NUMBER: 121-190-57) WHEREAS, the City of San Juan Capistrano is the owner of the real property located at 32681 Alipaz Street (APN 121-190-57); and, WHEREAS, on May 4, 2021, the City Council initiated a Code Amendment to amend the Kinoshita Farm Specific Plan (SP 85-01) to allow a public skatepark and trail as allowed uses ("Code Amendment") and a Rezone (RZ 21-003) to change the property's current zoning from Agriculture/Specific Plan to Specific Plan ("Rezone"); and, WHEREAS, the proposed Code Amendment is being processed pursuant to Municipal Code Section 9-2.309 and the proposed Rezone is being processed pursuant to Municipal Code Section 9-2.315 to amend the Kinoshita Farm Specific Plan and change the zoning from Agriculture/Specific Plan to Specific Plan, respectively; and, WHEREAS, the City is concurrently processing development plans for a City Skatepark and Trial Project (CIP 21201) ("City Skatepark and Trail Project") that would include a 42,575 square foot public skatepark on the southwest corner of the Kinoshita Farm property and a new multiuse public trail that would connect The Farm residential development, currently under construction adjacent to the site, to a new skatepark and Camino Del Avion ("City Skatepark and Trail Project," "Code Amendment," and "Rezone" shall be collectively referred to herein as the "Project"); and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on the Project January 26, 2022, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5, and continued the matter to the February 9, 2022, Planning Commission meeting; and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on the Project on February 9, 2022, considered all relevant public comments, and recommended approval of the Project to the City Council; and, WHEREAS, the City prepared a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program that analyzed the Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"); and, WHEREAS, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Project. The City Council hereby incorporates by reference, as if fully set forth herein, Resolution No.22-04-05-01, adopting the Mitigated Negative Dcclaration and_Mitigation_ Monitoring Re -Min Program for the Project; and, - — WHEREAS, on April 5, 2022, 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. The City Council of the City of San Juan Capistrano hereby finds and determines that all potential environmental impacts of the Project have been fully analyzed in the MND. No new or additional mitigation measures are required. There is no substantial evidence in the administrative record to support a fair argument that the Project may result in any significant environmental impacts beyond those analyzed and mitigated in the adopted MND. SECTION 3. Findings for Approval of Code Amendment 21-005. 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: 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 Parks and Recreation Goal 1, which states, "Provide, develop, and maintain ample park and recreation facilities that provide a diversity of recreational activities"; Parks and Recreation Goal 2, which states, "Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities"; and with Circulation Goal 3, which states, "Provide an extensive public bicycle, pedestrian, and equestrian trails network." 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 polices 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 therefore because it provides, specifically, that the existing and future land uses must conform to the Specific Plan, as amended. 2 01098 4. The proposed Land Use Code amendment is reasonable and beneficial at this time because the Specific Plan amendment would allow for the forthcoming City Skatepark and Trail Project (CIP 21202) public improvements, subject to approval by the City Council. Furthermore, the allowance of a public skatepark and related facilities and improvements, including restrooms, play structure, shade structures, and landscaping, and a public trail as permitted uses does not remove or prohibit any previously allowed uses, such as farming and other agricultural uses; it merely adds additional allowable uses. SECTION 4. Amendment to Kinoshita Farm Specific Plan 85-01. The proposed amendment to the Kinoshita Farm Specific Plan, and bearing the file number as follows: Code Amendment (CA) 21-005 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit A. SECTION 5. Findings for Approval of Rezone (RZL 21-003. The City Council does hereby make the following findings as established by Section 9-2.315 of Title 9, Land Use Code of the City of San Juan Capistrano: The proposed zone change is consistent with the General Plan land use map and applicable goals and policies because the proposed zone change retains all current allowed uses on the subject property. The subject property currently has a dual zoning of Agriculture and Specific Plan. As farming and agricultural uses are currently allowed under the Specific Plan zoning, the zone change would remove the property's Agriculture zoning so that the zoning would only be Specific Plan. The zone change is consistent with "Conservation Goal 3: Preserve existing agriculture activity." 2. The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix, because the proposed amendment to the Official Zoning Map is consistent with the Title 9, Land Use Code provisions established by Article 1 and Table 2-1. Practically speaking, the proposed zone change maintains the existing allowed uses as agriculture uses are currently allowed under the Specific Plan. 3. The site of the proposed zone change is suitable for any of the land uses permitted within the proposed zone district pending approval of the recommended Code Amendment to allow a skatepark and public trail as permitted uses. All existing uses on the site of the proposed zone change comply with the land uses outlined in the Specific Plan. Any future development on the site will be required to comply with the Specific Plan. 3 01098 4. The uses allowed by the proposed zone change are compatible with existing and planned uses on surrounding properties and the community in general because the existing and proposed land uses will be compatible with the land uses outlined -- - in- the Specific Plan, ponding approval of the_r_ecommendpd Gude Amendment. Further, the change from Agriculture/Specific Plan -Precise Plan to Specific Plan - Precise Plan does not remove agricultural uses from the uses allowed under the Specific Plan -Precise Plan. 5. The proposed zone change is reasonable and beneficial at this time because it will avoid confusion resulting from dual zoning designations on the same property while preserving farming and agriculture as primary uses allowed on the property. SECTION6. Rezone (RZ) 21-003. The proposed Rezone, and bearing the file number as follows: Rezone (RZ) 21-003 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit B. SECTION 7. 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 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 after adoption, the City Clerk shall cause to be published the aforementioned summary 4 01098 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. SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. PASSED APPROVED AND AD this 19t" y qL&ril 2022. DEREK REEVE, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1098 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of April 2022 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 19th day of April 2022 by the following vote. Ao wit: AYES:4UNCIL MEMBERS: NOES:UNCIL MEMBERS: ABSEN :UNCIL I AEMBER$: jP CITY C Farias, Taylor, Hart and Mayor Reeve None 'Bourne 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, 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 7th day of April 2022, 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, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21-005) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING FROM TZULTURE/SPECIFICR PLAN TO SPECIFIC PLAN THROUGH REZONE , 1-003) (ASSESSOR PARCEL NUMBER: 121-190-57) This u e t was posted ire MART RMS, CI CL K San Juan Capistrano, if is STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ice of the City Clerk 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 20th day of April 2022, 1 caused to be posted a certified copy of Ordinance No. 1098, adopted by the City Council on April 19, 2022, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP -85-01) THROUGH CODE AMENDMENT (CA 21-005) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING FROM AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH REZONE (RZ 21-003) (ASSESSOR PARCEL NUMBER: 121-190-57) 6 01098 This 4o�om4t was posted in the Office of the City Clerk ,� h� 0/a MAP4 _ ll , CITY C San Juan Capistrano, C2 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) 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 Purpose and Intent - The purpuse and intent of this Specific Plan is to prnvidp for the precise regulation of land uses in order to facilitate implementation of the General Plan regarding agricultural preservation and Gammunity padFuse 4bra-ofthe lipzStfee 28 -acre Kinoshita Farm Property located at the northwest corner of Camino Del Avian and Ali az 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. 2. Agricultural Land Uses - The following standards will apply to all areas designated "4.2, Agri -business" by the General Plan Land Use Map: A. Principal Uses and Structures Permitted (AGIFOGUItuFal-mr� (1) Farming, including all types of agricultural and horticulture (excluding farms operated publicly or privately for the disposal of garbage, sewage, rubbish, or offal). -- (2) 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) se_; (3) One principal residential dwelling --- 3 (4) Seoti R 9 3 49 -Qhe Develoment Services Director shall have the p.........-- - - authority and responsibility to review uses not listed in this section. A proposed unlisted use shall be permitted as a principal use if the Development Services Director determines that said use falls within the purpose and intent of this Specific Plan, is of a comparable nature to the principal Uses specified as permitted and will not be detrimental to the property_in the vicinity of said use. (5) Community garden plots. (6) Administrative offices related to management of the agricultural preserve. 7 Public skatepark and related facilities and improvements including restrooms. play structure, shade structures and landscaping. (8) Public trails. City of San Juan Capistrano SDecitic Plan 85-01, Kinoshita B. Accessoa Uses and Structures Necessa ry for Su pport of an Ag riculturaI Use (1) Permanent or temporary stands primarily for the sale of agricultural products produced either on the premises, or on other agricultural preservation areas. MO -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) Parking facilities for whole agricultural products (excluding food processing). C. Development Standards �ilon OrO� ❑rxrL G' Gede:The develo ment standards for all ermitted structures and facilities listed in Section 2(A) shall be determined by the Development Services Director as part of the appropriate Cit review and a roval rocess for a proposed structure or facility. =2 rWA •a a_ a Ir TS T-7d:r.T.T 7 ■the RaRRing :mer T,.s•r�.ira...... DiFecAor te be- - ' {- -- .e _ City of San Juan Capistrano Specific Plan 85-01. Kinoshita Amendment of Specific Plan A. Pursuant to Section 9-3.317 (f) of the Municipal Code. Scecific or Precise Plans for the Specific Plan/Precise Plan(SP/PP) District shall be sub ect 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 9-3.31.5(d), Planned Communitv (PC) District. rr:r.�av�ra . —17,— s - ♦ 4 F •Z e IM _ M2 M I Al■ 1113W M-0 Z _ w 4. _ 1 -m+ -Supplemental District Regulations The SupplemSupplemental District Regulations of Article 5 in Chapter 3 of Title 96 (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 9-3-.6 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. N t IN Amendment of Specific Plan A. Pursuant to Section 9-3.317 (f) of the Municipal Code. Scecific or Precise Plans for the Specific Plan/Precise Plan(SP/PP) District shall be sub ect 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 9-3.31.5(d), Planned Communitv (PC) District. rr:r.�av�ra . —17,— s - ♦ 4 F •Z e IM _ M2 M I Al■ 1113W M-0 Z _ w 4. _ 1 -m+ -Supplemental District Regulations The SupplemSupplemental District Regulations of Article 5 in Chapter 3 of Title 96 (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 9-3-.6 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. EXHIBIT B The Kinoshita Farm Property zoning designation is hereby amended to read as follows: :I1 ■ i f GP RS! T;000 �P,'pP Existing Zoning Designation SI�� ��Ii<�IIiillili]J�Iilll A d/111811111111111l1� • iii D- 99-01 MHP on ■■�� _ 111 ■■■■ �I� rr• 1�,, liileiill A.M. rr ■■■■�■■■■ ■��nr�•;.; li+� �fri•�� w.i� Proposed Zoning Designation