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PC Resolution-16-04-26-02a) The environmental impacts of the Pacifica San Juan project have been fully analyzed by the Pacific Point Final Environmental Impact Report ("EIR") certified by the City Council on August 1, 1991 , and by the Pacifica San Juan Supplemental EIR certified by the City Council on September 2, 2003, b) The proposed amendment does not propose any change in the previously approved project or any change which could potentially result in either a direct or indirect physical change in the environment, the proposed amendment will not result in new, potentially significant environmental effects, and c) None of the conditions described in CEQA Guidelines Sections 15162, 15163, or 15164 which would call for the preparation of a Subsequent or Supplemental EIR, or an EIR Addendum, would occur as a result of the proposed amendment; and, WHEREAS, on April26, 2016, the Planning Commission conducted a duly noticed public hearing pursuant to the provisions of Section 9-2.3302 of Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission ofthe City of San Juan Capistrano hereby makes the following findings: SECTION 1. Recitals. The above recitations are true and correct and are adopted as the findings of the Planning Commission. SECTION 2. Findings for Amendment to Amended and Restated Development Agreement. 1. The proposed 60-month time extension for the Amended and Restated Development Agreement provides for the continued development of Pacifica San Juan consistent with the City's General Plan and as approved by the City Council. 2. The proposed amendment makes no other changes to the 2004 Amended and Restated Development Agreement and is consistent with the General Plan Public Services Element because the project includes provisions for addressing project-related capital facility impacts to the city's infrastructure. 3. The proposed amendment is consistent with the Comprehensive Development Plan (COP) 81-02, Forster Canyon, because the extension would not materially change or expand the scope of the development allowable under the original project approvals and the current Development Agreement and the project site. 4. Extending the Amended and Restated Development Agreement is in the public interest because the applicant has made significant progress to finish the project and has adequately demonstrated its commitment to fulfill all project obligations 2 and complete development of the project over the course of the next five years, and by not allowing the extension would jeopardize the completion of many on and off-site improvements that are beneficial to not only the existing residents within Pacifica San Juan, but the general public as well. 5. The proposed amendment to the Amended and Restated Development Agreement is authorized and consistent with the provisions of Government Code Sections 65864 through 65869.5 and related City ordinances and policies. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council of the City of San Juan Capistrano find that the amendment to the Amended and Restated Development Agreement is not subject to CEQA because it is not a "project" as defined in Title 14, California Code of Regulations, Section 15378. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council of the City of San Juan Capistrano approve, via ordinance, the Amendment to the Development Agreement, as provided in Exhibit A, "Amendment to the Amended and Restated Development Agreement for the Pacifica San Juan Project between the City of San Juan Capistrano and Pacific Point Development Partners, LLC," attached hereto and incorporated herein. PASSED, APPROVED, AND ADOPTED this 261h day of April, 2016, by the following vote, to wit: 3 Exhibit "A" [Proposed Amendment to Amended and Restated Development Agreement for the Pacific San Juan Project Between the City of San Juan Capistrano and Pacific Point Development Partners] 4