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
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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:
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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]
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