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Ordinance Number 1118 1 ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP- 85-01) THROUGH CODE AMENDMENT (CA 18-005) TO CLARIFY THAT ALL THE CURRENT FARM OPERATIONS, ACTIVITIES AND STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER) WHEREAS, the Ecology Center, through representative Andrew Sieger, has requested approval of CA 18-005 to clarify that all the current farm operations, activities and structures associated with The Ecology Center are permitted by the Specific Plan 85- 01 Kinoshita Farm, which governs the 28-acre City-owned Kinoshita Farm property located at 32701 Alipaz Street (APN 121-190-57). The subject property, generally located at the northwest corner of Alipaz Street and Camino Del Avion, has a General Plan Land Use Designation of Agri-Business and a Zoning Designation of Specific Plan (SP) 85-01; and, WHEREAS, the City of San Juan Capistrano is the owner of real property located at 32701 Alipaz Street (APN 121-190-57); and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, WHEREAS, pursuant to Section 21067 of the Public Resources Code, and, Section 15367 of the California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Project; and, WHEREAS, the City's Environmental Administrator has determined that the project is categorically exempt per State CEQA Guidelines Section 15301, Existing Facilities (Class 1), and in the alternative, State CEQA Guidelines Section 15303, New Construction (Class 3); and, WHEREAS, the City Council has considered the Environmental Administrator's determination pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation; and, WHEREAS, the Planning Commission conducted a duly-noticed public hearing on February 28, 2024, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments and CA18-005 Ordinance 1118 April 16, 2024 2 all documents and evidence submitted, including but not limited to the staff report and attachments, and materials submitted by the Applicant; and, WHEREAS, the Planning Commission, at its February 28, 2024, meeting, recommended that the City Council approve the request with additional amendment language regarding limits on the number of temporary employees/seasonal workers that can reside on the property and requiring that the caretakers residence and any temporary/seasonal living quarters be designed with agrarian or farmhouse architecture and be architecturally compatible with existing structures onsite; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and, WHEREAS, on April 2, 2024, 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. Based upon its review of the entire record before it, the City Council of the City of San Juan Capistrano hereby finds that pursuant to the California Environmental Quality Act and the State CEQA Guidelines that the Project is exempt from further review under State CEQA Guidelines, Section 15301, Existing Facilities (Class 1), and in the alternative, State CEQA Guidelines Section 15303, New Construction (Class 3).A Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the proposed project will update the Kinoshita Farm Specific Plan so that all existing uses on the property are clearly identified as permitted within the zoning document. This is a minor code amendment to resolve allowance inconsistencies that involve negligible or no expansion of existing use. Accordingly, the project falls within the Class 1 exemption. In the alternative, a Class 3 exemption applies to construction and location of a limited number of new small structures including accessory structures such as 1,000 square foot maintenance structures, greenhouses, and sprung/tension structures. Lastly, no exceptions to the exemption in State CEQA Guidelines, Section 15300.2 apply. 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 the approval of this Ordinance. CA18-005 Ordinance 1118 April 16, 2024 3 SECTION 3. Findings for Approval of Code Amendment 18-005. 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: (1) The proposed Land Use Code Amendment conforms with the goals and policies of the General Plan because the proposed amendments retain the farming operation use and ensures that all activities are related to the production and sales of agricultural crops as identified within the Agri-Business Land Use Designation description. Further, it provides for the fulfilment of the General Plan’s goals and policies, including Land Use Goal 4, which provides, “Preserve major areas of open space and natural features”; and with Cultural Resources Goal 1, which provides, “Preserve and protect historical, archaeological, and paleontological resources.” The proposed Land Use Code Amendment will allow for the ongoing stewardship of the Ecology Center to use and preserve the ongoing farming operation while educating and encouraging sustainable farming and production of farm to table operations in furtherance of Land Use Goal 4 and Cultural Resource Goal 1. (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. (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 existing and future land uses must conform to the Specific Plan. (4) The proposed Land Use Code amendment is reasonable and beneficial at this time because the Specific Plan will memorialize and clarify all of the existing land uses on the property. SECTION 4. Kinoshita Farm Specific Plan (SP) 85-01. The proposed amendment to Kinoshita Farm Specific Plan 85-01, and bearing the file number as follows: Code Amendment (CA) 18-005 is hereby approved, and hereby adopted by the City Council and incorporated as part of this Ordinance as Exhibit A. SECTION 5. 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, CA18-005 Ordinance 1118 April 16, 2024 4 irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. 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 7. 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 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 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. PASSED APPROVED AND ADOPTED this 16th day of April, 2024. SERGIO FARIAS, MAYOR ATTEST: CHRISTY JAKL, ACTING CITY CLERK CA18-005 Ordinance 1118 April 16, 2024 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, Acting City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1118 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 2nd day of April 2024 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 16th day of April 2024 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None _____________________________________ CHRISTY JAKL, ACTING CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, 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 11th day of April 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 18-005) TO CLARIFY THAT ALL THE CURRENT FARM OPERATIONS, ACTIVITIES AND STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER) CA18-005 Ordinance 1118 April 16, 2024 6 This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, ACTING CITY CLERK San Juan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, 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 of April 2024, I caused to be posted a certified copy of Ordinance No. 1118, adopted by the City Council on April 16, 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 18-005) TO CLARIFY THAT ALL THE CURRENT FARM OPERATIONS, ACTIVITIES AND STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER) This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, ACTING CITY CLERK San Juan Capistrano, California EXHIBIT A 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) Amended January 16, 2024 (Ordinance 1115) Amended April 16, 2024 (Ordinance 1118) 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 1. Purpose and Intent - The purpose and intent of this Specific Plan is to provide for the precise regulation of land uses in order to facilitate implementation of the General Plan regarding agricultural preservation and community park use for a 28-acre Kinoshita Farm Property located at the northwest corner of Camino Del Avion and Alipaz 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 regulations apply to all areas designated "4.2, Agri-business" by the General Plan Land Use Map: A. Principal Uses Permitted (Agricultural preserve) (1) Farming. All types of agricultural, horticulture, and sustainable farming operations that occur between sunrise and sunset, including the following associated activities provided that they are clearly ancillary to the primary farming use: i. The processing of farm products grown on and off the property for onsite or off-site sales; ii. The keeping, raising and breeding of rabbits, chickens and other fowl for egg production sales (on-site or off-site) and manure production for use on the property (shall be located at least 300’ from adjacent residential property); iii. Educational activities related to farming, agricultural, horticultural, and sustainability, including but not limited to tours of the farming operations, and private classes on farming/food processing; iv. Retail sales of farm products; v. Concession stands and/or cafes, including the sale of beer and wine; vi. Evening farm dinner events which include the service of beer and wine, provided farm products grown or processed on the site are served, the events end by 10:00 p.m. and no more than thirty-six (36) per year; vii. Up to 6 farm celebration events per calendar with the service of beer and wine, provided the City is notified at least 30 calendar days in advance of each event (events such as wedding ceremonies, private parties, or concerts are prohibited); viii. Artist exhibits studio, showcasing and sustainable art for sale; ix. Outdoor art installations which provide imagery related to agricultural, horticultural, or sustainable farming; and, x. Up to a maximum of six seasonal or temporary employees associated with the agricultural operations residing on the property. City of San Juan Capistrano Specific Plan 85-01, Kinoshita 3 (2) One principal residential dwelling, to be used as a caretakers residence; (3) Community garden plots; (4) Administrative offices related to management of the agricultural preserve; (5) Public skatepark and related facilities and improvements including restrooms, play structure, shade structures and landscaping; (6) Public trail; (7) Any use not specifically listed in this Specific Plan shall be regarded as not being a permitted use, except as provided for in Municipal Code Section 9-3.203 Unlisted uses. B. Accessory Uses and Structures in Support of the Principle Uses Permitted The structures listed in this section may be established without the need to obtain planning approval of an Architectural Control or Site Plan Review provided: 1) the appropriate Building Permits are obtained; 2) the structures are permitted through execution of a License Agreement with the City of San Juan Capistrano that governs the property; 2) the structures are at least 50’ from the Historic Congdon House or contributing water tower structure; and, 3) the structures do not reduce or impact agricultural farming land. (1) Permanent or temporary stands primarily for the sale of agricultural products produced either on the premises, or on other agricultural preservation areas; (2) A caretakers residential structure and a maximum of six temporary or seasonal employee living quarters , including those of conventional construction and modular units. Residential units to be designed with agrarian or farmhouse architecture and be architecturally compatible with existing structures onsite; (3) Maintenance and storage facilities, including barns and shipping containers, provided each structure does not exceed 1,000 square feet; (4) Parking facilities; (5) Green houses; City of San Juan Capistrano Specific Plan 85-01, Kinoshita 4 (6) Sprung or tension fabric structures and shelters; (7) Live entertainment and/or amplified sound is permitted provided sound level does not exceed the applicable noise limits established by the San Juan Capistrano Land Use Code. C. Development Standards The following standards are derived from the A (Agri-Business) Zoning District, as set forth in Section 9-3.305 of the Municipal Code: Minimum Lot Area: 10 acres Minimum Street Frontage: 200 feet Minimum Front Yard Setback: 150 feet Minimum Side Yard Setback: 20 feet Minimum Rear Yard Setback: 50 feet Maximum 1st Floor/Lot Area Ratio: 0.10 Maximum 2nd Floor / 1st Floor Ratio: 75% Maximum Building Height: 35 feet 3. Amendment of Specific Plan Pursuant to Section 9-3.317 (f) of the Municipal Code, Specific or Precise Plans for the Specific Plan/Precise Plan (SP/PP) District shall be subject 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 9-3.315(d), Planned Community (PC) District. 4. Supplemental District Regulations The Supplemental District Regulations of Article 5 in Chapter 3 of Title 9 (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 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.