Ordinance Number 11151 O 1115
ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC
PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 22-007)
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 22-005)
WHEREAS, there has been long-standing demand in the City of San Juan
Capistrano (“City”) for a skatepark facility to be developed within the City; 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) to change the property’s
current zoning from Agriculture/Specific Plan to Specific Plan (“Rezone”); and
WHEREAS, plans have been developed for a City Skatepark and Trail Project (CIP
21201) that would include a 42,575 square foot public skatepark, playground, restroom
building, raised berm seating, and landscaping on the southwest corner of the Kinoshita
Farm property, as well as a new multi-use public trail that would connect The Farm
residential development to the proposed skatepark and Camino Del Avion (“City
Skatepark and Trail Project,” “Code Amendment,” and “Rezone” referred to collectively
herein as the “Project”); and
WHEREAS, the Project is proposed to be located on approximately 1.75 acres of
land at 32681 Alipaz Street (APN 121-190-57), San Juan Capistrano, California (hereafter
referred to as “Project site”) that is part of the larger City-owned, 28-acre property known
as the Kinoshita Farm property; and
WHEREAS, the Project requires various approvals from the City, including Code
Amendment (CA) 22-007 to amend the Kinoshita Farm Specific Plan (SP) 85-01 to allow
a public skatepark and trail as allowed uses and Rezone (RZ) 22-005 to rezone the
Project site from Agri-Business (A)/Specific Plan (SP) to Specific Plan (SP); and
WHEREAS, pursuant to Public Resources Code section 21067 of the California
Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”), Section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the
City's Local CEQA Guidelines, the City is the lead agency for the proposed Project; and
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WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City prepared
an Environmental Impact Report (“EIR”) to analyze all potential adverse environmental
impacts of the proposed Project; and
WHEREAS, on December 13, 2023, the Planning Commission conducted a duly-
noticed public hearing, at which the Planning Commission recommended that the City
Council certify the EIR, adopt CEQA Findings of Fact pursuant to State CEQA Guidelines
section 15091, adopt a Statement of Overriding Considerations pursuant to State CEQA
Guidelines section 15093; and adopt a Mitigation Monitoring and Reporting Program
(“MMRP”) for the Project; and
WHEREAS, on January 16, 2024, the City Council conducted a duly-noticed
public hearing on the Project, at which the City Council approved a resolution to certify
the EIR, adopt CEQA Findings of Fact, adopt a Statement of Overriding Considerations,
adopt the MMRP for the Project, and approve the City Skatepark and Trail Project (CIP
21201); and
WHEREAS, on January 16, 2024, the City Council conducted a duly-noticed public
hearing to consider this Ordinance, at which all persons wishing to testify were heard;
and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred,
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. Findings for Approval of Code Amendment 22-007. The City
Council has hereby considered Code Amendment (CA) 22-007, consistent with
Exhibit A attached hereto, pursuant to Title 9, Section 9-2.309 of the Land Use
Code of the City of San Juan Capistrano. The City Council does hereby make the
following findings:
1. Code Amendment 22-007 conforms with the goals and policies of the General
Plan. Notably, Code Amendment 22-007 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 Circulation Goal 3, which states:
“Provide an extensive public bicycle, pedestrian, and equestrian trails network.”
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2. Code Amendment 22-007 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. Code Amendment 22-007 conforms with the intent of the Development Code
and is consistent with other related provisions thereof. Notably, Code
Amendment 22-007 provides that the existing and future land uses must
conform to the Specific Plan.
4. Code Amendment 22-007 is reasonable and beneficial at this time. Notably,
Code Amendment 22-007 would allow for the forthcoming City Skatepark and
Trail Project (CIP 21202) public improvements.
SECTION 3. 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) 22-007
is hereby approved, and hereby adopted by the City Council and incorporated as
part of this Ordinance as Exhibit “A.”
SECTION 4. Findings for Approval of Rezone (RZ) 22-005. The City Council
has hereby considered Rezone 22-005, consistent with Exhibit B attached hereto,
pursuant to Title 9, Section 9-2.315, of the Land Use Code of the City of San Juan
Capistrano. The City Council does hereby make the following findings:
1. The proposed zone change is consistent with the General Plan land use map
and applicable goals and policies. Notably, 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.
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.
Notably, 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.
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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.
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, pending approval of the recommended Code
Amendment.
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.
SECTION 5. Rezone (RZ) 22-005.
The proposed Rezone, and bearing the file number as follows:
Rezone (RZ) 22-005
is hereby approved, and hereby adopted by the City Council and incorporated as
part of this Ordinance as Exhibit B.
SECTION 6. 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 7. Custodian of Records. The location and custodian of the documents
and any other material that constitute the record of proceedings on which this
Ordinance has been based are located at the Development Services Department,
30448 Rancho Viejo Rd., # 110, San Juan Capistrano, CA 92675. The custodian
for these records is the Development Services Department Administrative
Coordinator. This information is provided pursuant to Public Resources Code
section 21081.6.
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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. A Notice of Determination shall be filed and posted
with the County Clerk and the State Clearinghouse within five working days of
approval of the Project.
SECTION 9. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption.
PASSED APPROVED AND ADOPTED this 6th day of February 2024.
SERGIO FARIAS, 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. 1115 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 16th day of January 2024 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 6th day of February 2024 by the
following vote, to wit:
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AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
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 25th day of January 2024, 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 OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC
PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 22-007)
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 22-005)
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
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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 of February 2024, I caused to be posted a certified copy of Ordinance No.
1115, adopted by the City Council on February 6, 2024, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC
PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 22-007)
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 22-005)
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
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EXHIBIT “A”
CODE AMENDMENT (CA) 22-007
EXHIBIT AAmended February 6, 2024 (City Council Ordinance 1115)
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EXHIBIT “B”
AMENDED ZONING MAP
EXHIBIT B