Ordinance Number 11091 O 1109
ORDINANCE NO.1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING ORDINANCE 1105 FOR
THE PRIOR PROJECT, LAND USE, AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPROVALS ASSOCIATED
WITH CODE AMENDMENT (CA) 20-001; THE AMENDMENT TO
MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN 90-02, TO ADD CHURCHES, WITH UP TO FIVE
ANCILLARY RESIDENCES FOR EMPLOYEES, WITH APPROVAL OF A
CONDITIONAL USE PERMIT, 29402 RANCHO VIEJO ROAD (APNS:
650-011-34 & 39); AND FINDING THAT THE RESCISSION OF
ORDINANCE 1105 IS NOT A PROJECT SUBJECT TO CEQA, OR IN
THE ALTERNATIVE, IS EXEMPT FROM CEQA UNDER STATE CEQA
GUIDELINES SECTION 15061(B)(3)
WHEREAS, the Grace International is the owner of the real property located at
29402 Rancho Viejo Road (APNs: 650-011-34 & 39); and,
WHEREAS, the Mammoth Offices Planned Community Comprehensive
Development Plan (CDP) 90-02 regulates the land uses allowed at 29402 Rancho Viejo
Road (APNs: 650-011-34 & 39); and,
WHEREAS, on August 17, 2021, the City Council initiated a Code Amendment to
amend the Mammoth Offices Planned Community CDP 90-02 to Add Churches, With
Up to Five Ancillary Residences for Employees, with Approval of a Conditional Use
Permit; and,
WHEREAS, on October 18, 2022, the City Council approved the introduction and
first reading of an ordinance approving Code Amendment (CA) 20-001 to solely allow
for Churches, With Up to Five Ancillary Residences for Employees, with Approval of a
Conditional Use Permit, and Wireless Telecommunication Facilities, with Approval of a
Conditional Use Permit, at 29402 Rancho Viejo Road (APNs: 650-011-34 & 39), and
found the action to be exempt from CEQA under the Common Sense Exemption
Section 15061(b)(3); and,
WHEREAS, on November 1, 2022, the City Council adopted the ordinance
approving CA 20-001 to solely allow for Churches, With Up to Five Ancillary Residences
for Employees, with Approval of a Conditional Use Permit, and Wireless
Telecommunication Facilities, with Approval of a Conditional Use Permit, at 29402
Rancho Viejo Road (APNs: 650-011-34 & 39); and,
WHEREAS, the City Council now desires to rescind the prior project, land use
approvals and CEQA associated with CA 20-001.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AND FIND AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Ordinance by this reference.
Section 2. CEQA Compliance. The rescission of Ordinance No. 1105 is not a
project subject to the California Environmental Quality Act (CEQA). Notably, the
rescission of Ordinance No. 1105 has no potential to result in either a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines, §§ 15060(c)(2)-(3), 15378, subd. (a).) In the alternative, the rescission of
Ordinance No. 1105 is exempt from CEQA under the “common sense” exemption set
forth in State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that
there is no possibility that the rescission in question may have a significant effect on the
environment. The rescission does not authorize any construction activity, does not
serve as a prerequisite for the development of any project, does not permit any
expanded use of property, and does not have any other impact that may have a
significant effect on the environment.
Section 3. Findings. The City Council hereby rescinds Ordinance No. 1105
approving Code Amendment (CA) 20-001 to amend the Mammoth Offices Planned
Community CDP 90-02 to solely allow for Churches, With Up to Five Ancillary
Residences for Employees, with Approval of a Conditional Use Permit, and Wireless
Telecommunication Facilities, with Approval of a Conditional Use Permit, at 29402
Rancho Viejo Road (APNs: 650-011-34 & 39).
Section 4. 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 5. 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 6. 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.
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Section 7. 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 30448 Rancho Viejo Road, Suite 110, San
Juan Capistrano, California 92675. The custodian of these records is the City Clerk.
Section 8. 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.
APPROVED AND ADOPTED THIS 7th day of February 2023.
________________________________
HOWARD HART, 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. 1109 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 17th day of January 2023 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 7th day of February 2023 by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
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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 18th day of January 2023, 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, RESCINDING ORDINANCE 1105 FOR
THE PRIOR PROJECT, LAND USE, AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPROVALS ASSOCIATED
WITH CODE AMENDMENT (CA) 20-001; THE AMENDMENT TO
MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN 90-02, TO ADD CHURCHES, WITH UP TO FIVE
ANCILLARY RESIDENCES FOR EMPLOYEES, WITH APPROVAL OF A
CONDITIONAL USE PERMIT, 29402 RANCHO VIEJO ROAD (APNS:
650-011-34 & 39); AND FINDING THAT THE RESCISSION OF
ORDINANCE 1105 IS NOT A PROJECT SUBJECT TO CEQA, OR IN
THE ALTERNATIVE, IS EXEMPT FROM CEQA UNDER STATE CEQA
GUIDELINES SECTION 15061(B)(3)
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 8th day of February 2023, I caused to be posted a certified copy of Ordinance
No. 1108, adopted by the City Council on February 7, 2023, entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING ORDINANCE 1105 FOR
THE PRIOR PROJECT, LAND USE, AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPROVALS ASSOCIATED
WITH CODE AMENDMENT (CA) 20-001; THE AMENDMENT TO
MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN 90-02, TO ADD CHURCHES, WITH UP TO FIVE
ANCILLARY RESIDENCES FOR EMPLOYEES, WITH APPROVAL OF A
CONDITIONAL USE PERMIT, 29402 RANCHO VIEJO ROAD (APNS:
650-011-34 & 39); AND FINDING THAT THE RESCISSION OF
ORDINANCE 1105 IS NOT A PROJECT SUBJECT TO CEQA, OR IN
THE ALTERNATIVE, IS EXEMPT FROM CEQA UNDER STATE CEQA
GUIDELINES SECTION 15061(B)(3)
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California