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Ordinance Number 11041 O 1104 ORDINANCE NO. 1104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 22-002 TO ADOPT THE EL CAMINO SPECIFIC PLAN (SP 22-01) AND REZONE (RZ) 22-001 TO CHANGE THE ZONING DESIGNATION OF THE FOUR CITY-OWNED PARCELS FROM TOWN CENTER TO SPECIFIC PLAN/PRECISE PLAN FOR 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS 124-160-27, 124-160-55, 124-160-57, 124-160-63) AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 32 (APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE) WHEREAS, Jessica Steiner, Bickel Group Architecture, 3600 Birch Street, Suite 120,Newport Beach, CA 92660 (the “Applicant”) has requested approval of Code Amendment (CA) 22-002 to create the El Camino Specific Plan (SP 22-01) (the “Project”) to facilitate the development of a new commercial project consisting of two, 2-story buildings with approximately 27,457 square feet of retail, restaurant and office uses, and a 4-story parking structure with a 2,607 square foot retail space on a 1.68-acre City-owned property currently developed with the Camino Real Playhouse and a public parking lot and approval of Rezone (RZ) 22-001 to amend the official Zoning Map from Town Center to Specific Plan/Precise Plan for 31776 El Camino Real (APNs 124-160-27, 124-160-55, 124-160-57, 124-160-63); and, WHEREAS, the City of San Juan Capistrano (“City”) is the owner of the real property located at 31776 El Camino Real (APN #124-160-27, 124-160-55, 124-160-57, 124-160-63); and, WHEREAS, on May 3, 2022, the City Council approved the initiation of a General Plan Amendment, Rezone and Code Amendment study to create a 1.68-acre Specific Plan that would encompass the City-owned Downtown/Playhouse property; and, WHEREAS, the Project is being processed pursuant to Section 9-2.309, Code Amendment 22-002, of Title 9, Land Use Code of the City of San Juan Capistrano to create the El Camino Specific Plan; and, WHEREAS, the Project is being processed pursuant to Section 9-2.315, Rezone 22-001, of Title 9, Land Use Code of the City of San Juan Capistrano to amend the official Zoning Map from Town Center to Specific Plan/Precise Plan for 31776 El Camino Real (APN #124-160-27, 124-160-55, 124-160-57, 124-160-63); and, WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the Project; and, WHEREAS, on January 14, 2021, the Design Review Committee (DRC) reviewed the conceptual plans for the proposed Ortega and El Camino project and provided preliminary feedback on the design aspects of the project to the Applicant; and, 2 O 1104 WHEREAS, on December 9, 2021, the DRC reviewed the conceptual plans of the proposed Ortega and El Camino project and forwarded a recommendation of approval to the Planning Commission; and, WHEREAS, on July 26, 2021, the Cultural Heritage Commission conducted a duly- noticed public meeting to consider public testimony on the Project, considered all relevant public comments, and reviewed the project and in accordance with City Council Policy 603, found that the proposed land use improvements associated with the El Camino Specific Plan are physically and aesthetically compatible with the Blas Aguilar Adobe; and, WHEREAS, on August 24, 2022, the Planning Commission conducted a duly- noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the Project, considered all relevant public comments and adopted a resolution conditionally approving Architectural Control (AC) 22-004, Tree Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010; and adopted a resolution recommending that the City Council find the said action is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, In-Fill Development Projects (Class 32), approve GPA 22-001, adopt the El Camino Specific Plan, and adopt CA 22-002 and RZ 22-001; and, WHEREAS, on October 4, 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. As the decision-making body for the City, and in the City’s role as lead agency under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) for the Project, the City Council finds that the entire Project is Categorically Exempt from CEQA review pursuant to State CEQA Guidelines, section 15332, In-Fill Development Projects (Class 32). The entire Project is exempt per Section 15332 because the Project meets the required conditions for Class 32. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designations and regulations outlined in the El Camino Specific Plan; in all respects where the El Camino Specific Plan does not specify a development standard, the Project is consistent with the San Juan Capistrano General Plan and Title 9 of the Municipal Code, Land Use. The Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Specifically, the Project is located at 31776 El 3 O 1104 Camino Real in the City of San Juan Capistrano, consists of 1.68 acres, and is surrounded by Town Center (commercial), Community Park (public), and Town Center Edge (commercial) to the north, south, and east, respectively, and Town Center (commercial) to the west. The Project site has no value, as habitat for endangered, rare, or threatened species because a portion of the Project site has already been developed and is currently improved with a commercial building and parking lot on the parcels. Therefore, the site is not habitat for endangered, rare, or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; analysis has been conducted to ensure the Project does not result in any significant effects relating to traffic and water quality, including the following: a Traffic Sensitivity Analysis accepted by the City Traffic Engineer and the Preliminary Water Quality Management Plan approved by the Public Works Department. Further, there is no evidence that the Project would result in significant effects relating to air quality or noise. The site can be adequately served by all required utilities and public services; the Project site is currently serviced by all required utilities, including but not limited to electricity, gas, garbage, water, and sewer and therefore would remain adequately serviced. Further, none of the exceptions to the categorical exemptions identified in CEQA Guidelines Section 15300.2 apply. Based on the performed studies and the conclusions, there is no reasonable possibility that the Project would have a significant effect on the environment due to unusual circumstances; the site is already developed with a commercially operating playhouse, the Project’s Traffic Sensitivity Analysis concluded that the Project would not result in a significant increase of inbound and outbound traffic, would provide adequate access, and would provide adequate off- street parking. The City Council further finds that none of the exceptions to the categorical exemptions identified in State CEQA Guidelines, section 15300.2 apply. There is nothing unusual about the project site or the project itself that would lead to a potentially significant impact. And, even if an unusual circumstance did exist (one does not), based on the studies performed, there is no reasonable possibility that the Project would have a significant effect on the environment. The Project site is already developed with a commercially operating playhouse, the Project’s Traffic Sensitivity Analysis concluded that the project would not result in a significant increase of inbound and outbound traffic, would provide adequate access, and would provide adequate off-street parking. Further, the Project will not result in damage to scenic resources within a highway officially designated as a state scenic highway; the closest officially designated state scenic highway is located near Anaheim and therefore the Project will not result in damage to scenic resources within or near such highway. Further, the Project is not located on a site which is included on any list compiled pursuant to Government Section 65962.5; the project site has not been designated as a hazardous waste site. Further, the Project will not cause a substantial adverse change in the significance of a historic resource; specifically, there would be no substantial adverse change in the significance of the Blas Aguilar Adobe for the reasons outlined in the staff report and presentation that accompanied this Ordinance. Thus, the Class 32 categorical exemption applies. 4 O 1104 Because the second reading of the Ordinance is a follow-on action contemplated as part of the whole of the Project, this action is categorically exempt from CEQA pursuant to the Class 32 Infill Exemption for the reasons outlined above. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk Recorder a notice of exemption within five (5) working days of approval of this Ordinance. SECTION 3. Findings for Approval of Code Amendment 22-002. 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: 1.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, Land Use Goal 7, which provides, “Enhance and maintain the character of neighborhoods,” and Land Use Policy 7.2, which provides, “Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure.” The proposed Code Amendment will allow for the creation of the El Camino Specific Plan, which in turn would allow for the development of the proposed Project. Because the Project is compatible with the physical characteristics of the site and is served by public infrastructure the Project would further enhance and maintain the character of the existing neighborhood. 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 for additional commercial and office uses that can serve the adjacent and surrounding community; and is located in proximity to the San Juan Capistrano train station. 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 proposed commercial center must conform to the Project established development standards and conforms with the El Camino Specific Plan. 4.The proposed Land Use Code Amendment is reasonable and beneficial at this time because the City has received an application to create a Specific Plan that allows for commercial and office uses within the downtown area, subject to approval of all required entitlements. SECTION 4. Findings for Approval of Rezone 22-001. The City Council does hereby make the following findings as established by Section 9-2.315(e) of Title 9, Land Use Code of the City of San Juan Capistrano: 5 O 1104 1.The proposed zone change is consistent with the General Plan land use map and applicable goals and policies because the proposed Project consists of an amendment to the Official Zoning Map to establish a "SP/PP" (Specific Plan/Precise Plan) Zone District. As explained above, the proposed Project is consistent with goals and policies of the General Plan, especially the Land Use Element and Cultural Resources Element, the proposed Specific Plan would implement those goals and policies. Specifically, the Specific Plan is consistent with “Land Use Goal 5: Encourage commercial development which serves community needs and is located in the existing central business district”. 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. The singular proposed map change is to the 1.68 acre-site, while the Specific Plan would create development standards for the entire proposed Project area. In terms of the amendment to the Official Zoning Map, the change from "TC" (Town Center) to "SP/PP" (Specific Plan/Precise Plan) results in development standards that are specific to the project site and that need to reflect compatibility with the downtown area. Furthermore, Table 2-1 provides that the proposed Specific Plan/Precise Plan zoning designation is consistent with Town Center (TC) zoning designation. 3.The site of the proposed zone change is suitable for any of the land uses permitted within the proposed zone district because the proposed land uses comply with the land uses outlined in the Specific Plan. Future development in the Project area will be required to comply with the Specific Plan. 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 proposed land uses will be compatible with the land uses outlined in the Specific Plan. 5.The proposed zone change is reasonable and beneficial at this time because the Specific Plan will allow for commercial development on an underutilized site and will serve community needs. SECTION 5 . El Camino Specific Plan (22-01). The proposed El Camino Specific Plan, and bearing the file number as follows: Code Amendment (CA) 22-002 is hereby approved, and hereby adopted by the City Council and incorporated by reference as part of this Ordinance as Exhibit A. SECTION 6 . Rezone (RZ) 22-001. The proposed Rezone, and bearing the file number as follows: 6 O 1104 Rezone (RZ) 22-001 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. Publication. The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Capistrano Valley News, a newspaper of general circulation that is printed, published, and circulated in the City of San Juan Capistrano. SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted and published in the manner required by law. SECTION 10. 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. The City Clerk is the custodian of records for the record of proceedings. SECTION 11. 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 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. 7 O 1104 PASSED APPROVED AND ADOPTED this 18th day of October 2022. DEREK REEVE, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 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. 1104 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4th day of October 2022 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 18th day of October 2022 by the following vote, to wit: AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECUSED: COUNCIL MEMBERS: Taylor _____________________________________ MARIA MORRIS, CITY CLERK 8 O 1104 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 5th day of October 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, APPROVING CODE AMENDMENT (CA) 22-002 TO ADOPT THE EL CAMINO SPECIFIC PLAN (SP 22-01) AND REZONE (RZ) 22-001 TO CHANGE THE ZONING DESIGNATION OF THE FOUR CITY- OWNED PARCELS FROM TOWN CENTER TO SPECIFIC PLAN/PRECISE PLAN FOR 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS 124- 160-27, 124-160-55, 124-160-57, 124-160-63) AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 32 (APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE) This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California 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 20th day of October 2022, I caused to be posted a certified copy of Ordinance No. 1103, adopted by the City Council on October 18, 2022, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 22-002 TO ADOPT THE EL CAMINO SPECIFIC PLAN (SP 22-01) AND REZONE (RZ) 22-001 TO CHANGE THE ZONING DESIGNATION OF THE FOUR CITY- OWNED PARCELS FROM TOWN CENTER TO SPECIFIC PLAN/PRECISE 9 O 1104 PLAN FOR 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS 124- 160-27, 124-160-55, 124-160-57, 124-160-63) AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 32 (APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE) This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California EXHIBIT B Existing Zoning Proposed Zoning SP/PP (22-01)