PC Resolution-14-09-30-02RESOLUTION NO. 14-09-30-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING TO THE CITY COUNCIL DENIAL OF THE
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2013121089), GENERAL PLAN AMENDMENT (GPA 13-002),
SPECIFIC PLAN (SP-14-001), AMENDMENT TO THE OFFICIAL ZONING MAP
(RZ13-005), DEVELOPMENT AGREEMENT (DA14-003), TENTATIVE TRACT MAP
(TTM 17749), ARCHITECTURAL CONTROL (AC13-004), AND GRADING PLAN
MODIFICATION (GPM13-006) FOR THE SPIEKER CONTINUING CARE
RETIREMENT COMMUNITY ON 35 ACRES LOCATED AT 32382 DEL OBISPO
STREET (SPIEKER SENIOR DEVELOPMENT PARTNERS)
WHEREAS, the Spieker Continuing Care Retirement Community Project (the
"Project") has been proposed for development in San Juan Capistrano as follows:
Applicant:
Property Owner:
Project Location:
Property APNs:
Project Site Area:
Proposed Use:
Spieker Senior Development Partners
Vermeulen Ranch Center
32382 Del Obispo Street
121-182-17 and 121-182-53
35 acres
407 independent living units with amenities for
persons not requiring daily assistance and a 1 01-unit
health care center for residents needing daily
assistance including memory support or direct
medical assistance; and
WHEREAS, the proposed Project includes:
1. An application for a General Plan Amendment to change the General Plan
land use designation of the 35 acre Project site from Agri-Business to
Specific Plan/Precise Plan (GPA 13-002); and
2. An application for a Rezone to change the zoning designation of the 35-
acre Project site from Agri-Business District to Specific Plan/Precise Plan
District (RZ 13-005); and
3. An application for a Specific Plan to establish the land use policies and
zoning regulations for the 35 acre Project site (SP 14-001); and
4. An application for a Development Agreement between the City of San
Juan Capistrano and the Project applicant to specify the standards and
conditions that would govern development of the property (DA 14-003);
and
5. An application for a Tentative Tract Map to create and subdivide the 35-
acre Project site (TTM 2014-17749); and
6. An application for an Architectural Control to establish the site plan and
architectural design of the proposed Continuing Care Retirement
Community (AC 13-004); and
7. An application for a Grading Plan Modification to modify the existing
finished grade of the Project site by more than two feet (GPM 13-006);
and
WHEREAS, the proposed Project has been processed pursuant to Sections 9-
2.301 (General Review Procedures) and 9-2-302 (Notification Procedures) of Title 9
(Land Use) of the San Juan Capistrano Municipal Code; and
WHEREAS, on August 13, 2013, the City Council adopted Resolution No. 13-08-
20-02 initiating consideration of a General Plan Amendment on a 43.5 acre parcel
commonly referred to as the Vermeulen Ranch property to change the General Plan
land use designation from Agri-Business to Public & Institutional; and
WHEREAS, on February 18, 2014, the City Council adopted Resolution No. 14-
02-18-01 to supersede Resolution No. 13-08-20-02 and initiate consideration of a
General Plan Amendment on 35 acres of the 43.5 acre Vermeulen Ranch property to
change the General Plan land use designation from Agri-Business to Specific
Plan/Precise Plan; and
WHEREAS, a Draft Environmental Impact Report and Final Environmental
Impact Report (State Clearinghouse No. 2013121089) (collectively, the "EIR") has been
prepared to assess the environmental impacts of the proposed Project in compliance
with the California Environmental Quality Act (CEQA) and the State and local
environmental guidelines, rules, regulations and procedures, including without limitation,
the City's Local CEQA Guidelines and Thresholds of Significance; and
WHEREAS, on September 30, 2014, the Planning Commission conducted a
duly-noticed public hearing to consider the environmental determination of the EIR
pursuant to CEQA, to hear the public testimony on the proposed Project, and to
appraise all relevant information pertaining to the proposed Project, and after
considering all relevant public comments and careful study, the Planning Commission
adopted motions recommending to the City Council denial of the EIR and denial of the
proposed Project.
NOW THEREFORE BE IT RESOLVED, as follows:
Section 1. The above recitations are true and correct and adopted as the
findings of the Planning Commission.
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Section 2. Having received, reviewed, and considered the EIR for the proposed
Project (State Clearinghouse No. 2013121089), as well as all other information in the
record of proceedings on this matter, the Planning Commission makes the following
findings:
1. The EIR for the proposed Project has been prepared pursuant to the
California Environmental Quality Act (CEQA), as amended (Public Resources
Code Section 21000, et seq.), the CEQA Guidelines for Implementation of CEA
(California Code of Regulations, Title 14, Section 15000, et seq), and the State
and local environmental guidelines, rules, regulations and procedures, including
without limitation, the procedures established by the City of San Juan Capistrano
for the implementation of CEQA.
2. The City prepared and issued a Notice of Preparation of an Environmental
Impact Report for the proposed Project on December 23, 2013. A public seeping
meeting was held on January 22, 2014 to solicit input on the scope of the
environmental analysis.
3. A Draft Environmental Impact Report was prepared pursuant to CEQA
Guidelines Section 15128 that identified the potential environmental impacts of
the proposed Project, discussed alternatives, and proposed mitigation measures
for identified potentially significant impacts to minimize, offset, or otherwise
reduce or avoid those environmental impacts.
4. The City circulated a Notice of Availability of Draft Environmental Impact
Report for the proposed Project and made it available for a 4 7 -day public review
period, beginning on June 6, 2014, and ending on July 22, 2014. Additional
public comments were accepted following a public hearing held by the Planning
Commission on July 22, 2014 to introduce the proposed Project.
5. A Final Environmental Impact Report was prepared including the
Responses to Comments in the Draft Environmental Impact Report and the
Findings of Fact.
6. The evidence in the record at this time does not establish that the EIR has
adequately identified and disclosed all potentially significant impacts and the
proposed mitigation measures will reduce impacts to a level of insignificance.
Section 3. The Planning Commission hereby recommends the City Council deny
Certification of the EIR prepared for the proposed Project.
Section 4. The EIR, all documents referenced in the EIR, and the record of
proceedings on which the City Council's determination is based are located at City Hall
for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan
Capistrano, California and the custodian of record of proceedings is the Development
Services Department Administrative Specialist.
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Section 5. The Planning Commission hereby recommends the City Council deny
the proposed General Plan Amendment (GPA 13-002).
Section 6. The Planning Commission hereby recommends the City Council deny
Specific Plan (SP14-001), Rezone (RZ13-005), Development Agreement (DA14-003),
Tentative Tract Map (TTM17749), Architectural Control (AC13-004), and Grading Plan
Modification (GPM13-006) because none can be found consistent with the General Plan
without approval of General Plan Amendment GPA 13-002.
PASSED, APPROVED AND ADOPTED this 30th day of September 2014, by the
following vote to wit:
AYES:
NOES:
ABSTAIN:
Sheldon Cohen, Chairman
Charles View, Development Services Director
and Planning Commission Secretary
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