Resolution Number 18-05-15-01RESOLUTION NO. 18-05-15-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR GENERAL PLAN AMENDMENT 16-001, SPECIFIC PLAN
18-001 (CODE AMENDMENT 18-004), AND DEVELOPMENT AGREEMENT
18-001 FOR A PROPOSED RESIDENTIAL PROJECT WITH PARK AND
TRAIL AMENITIES LOCATED AT 32382 DEL OBISPO STREET
(ASSESSOR PARCEL NUMBERS 121-182-17 and 121-182-53) (SPIEKER
SENIOR DEVELOPMENT)
WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan
Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan
Residential Community consisting of up to 180 single-family residential units on a 35 acre
site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-
182-17 and 121-182-53 (hereafter the "Property");
WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen
Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868
and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693, are
the owners of the Property;
WHEREAS, the Applicant seeks to develop a residential project of up to 180
single-family residential units with park and trail amenities on the Property, which requires
the approval of General Plan Amendment 16-001, the adoption of Specific Plan 18-001
(Code Amendment 18-004). The Property Owners also propose Development Agreement
18-001 (hereafter, the General Plan Amendment, the Specific Plan and the Development
Agreement are collectively referred to as the "Project");
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the
City prepared an Initial Study and Mitigated Negative Declaration (IS/MND) to analyze the
Project's potential environmental impacts;
WHEREAS, the IS/MND were available for public reviewfrom March 6, 2018,
to April 5, 2018, in City Hall, which is located at 32400 Paseo Adelanto, San Juan
Capistrano, California and the custodian of record of proceedings is the Development
Services Department Administrative Specialist;
WHEREAS, the City received comments on the IS/MND from public agencies
and interested parties during the public review period;
WHEREAS, the City prepared responses to the comments received, and
made minor revisions to the IS/MND documentation, which are embodied in the Final Initial
Study/ Mitigated Negative Declaration;
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WHEREAS, the Planning Commission considered the Project, including the
Final Initial Study/ Mitigated Negative Declaration, at a duly noticed Planning Commission
hearing on April 24, 2018, pursuant to Title 9, Land Use Code, Section 9-2.302;
WHEREAS, after considering all evidence in the record including public
comments, the Planning Commission adopted Resolution No. 18-04-24-02, recommending
that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program, approve the General Plan Amendment (GPA 16-001), consider
The Farm Specific Plan (Specific Plan 18-001; Code Amendment 18-004) and refer the
Specific Plan to the Planning Commission for further refinement and review, and approve
the related Development Agreement 18-001;
WHEREAS, the City received late comments on the IS/MND from the
Department of Toxic Substances Control (hereafter "DTSC") on April 25, 2018, after the
Planning Commission hearing;
WHEREAS, the City prepared responses to the late DTSC comments
received, which have been incorporated into an updated Final Initial Study/ Mitigated
Negative Declaration (the "Final IS/MND"), and which incorporates by this reference the
response to the DTSC letter;
WHEREAS, the DTSC letter does not provide evidence of a potential
significant impact from the Project, however, staff recommends that the following
conditions be incorporated into the Specific Plan to be responsive to the comments: 1)
On-site soils shall be tested as part of any future subdivision process to verify the prior
conclusions regarding site conditions, and 2) Prior to import of any soil to the project site, a
certification from the developer shall be submitted to the City's Development Services
Department certifying that the dirt imported to the site is clean. These conditions are not
necessary to mitigate any potentially significant impact, and will not create any additional
environmental impacts; and,
WHEREAS, the City Council considered the Project, including the Final
IS/MND, at a duly noticed public hearing on May 15, 2018, at which time it considered all
evidence in the record, including public testimony.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano that:
1. The above recitals are true and correct and are adopted as findings of the
City Council.
2. The City Council has reviewed and considered the Final IS/MND and the
public testimony regarding the environmental review of the Project.
3. The City Council finds, in its independent judgment and analysis and on the
basis of the evidence presented and the whole record before it, including the
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Final IS/MND, that there is no substantial evidence that the proposed
Project, as mitigated, will have a significant effect on the environment.
4. The City Council hereby adopts the Final Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, which is attached hereto as
Exhibit A and incorporated herein by reference.
5. The City Council hereby directs staff to prepare a Notice of Determination
and file that Notice with the County Clerk in accordance with the CEQA
Guidelines.
6. This Resolution shall be effective upon adoption.
PASSED, APPROVED AND ADOPTED this 15t" day of May 2018.
r �
FARIAS, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 18-05-15-01 was duly adopted by the
City Cuncil of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th
day cvf� ay 2018, by the following vote:
AYES: qONCIL MEMBERS
NOES: NIL MEMBERS
ABSEN O CIL MEMBERS
=110a NAME
Ferguson, Reeve, Maryott and Mayor Farias
None
Patteson
K?
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