PC Resolution-16-07-26-01PC RESOLUTION NO. 16-07-26-01
ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR THE HOTEL
CAPISTRANO BY KIMPTON
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING AN ADDENDUM TO THE MITIGATED
NEGATIVE DECLARATION FOR THE HOTEL CAPISTRANO (ASSESSOR PARCEL
NUMBERS 124-160-51, 52 & 37)(APPLICANT: DAVID WOOD, STRATUS
DEVELOPMENT PARTNERS).
Whereas, David Wood, Stratus Development Partners, on behalf of 0
Properties, Inc., 31878 Camino Capistrano, San Juan Capistrano, CA 92675 (the
"Applicant"), has requested approval of the Hotel Capistrano by Kimpton. The request
has been submitted in the form of a Conditional Use Permit (CUP) 15-012, Architectural
Control (AC) 15-026, and Grading Plan Modification (GPM) 16-008. Together, these
permits would modify existing entitlements to allow for the development of a new hotel
to include 102 rooms, a restaurant, banquet facilities, swimming pool, and fitness center
(the "Modified Project" or the "Hotel Capistrano by Kimpton Project"). The Modified
Project is a modification to the previously approved Urban Village (AC 13-023) project
located at 31878 Camino Capistrano and is generally located at the at the southeast
corner of Camino Capistrano and the Forster Street/EI Camino Real intersection and
next to the City-owned Historic Town Center Park; and,
Whereas, 0 Properties, Inc., 31878 Camino Capistrano, San Juan
Capistrano, CA 92675, are the owners of real property located at Assessor's Parcel
Numbers 124-160-51,52 & 37; and,
Whereas, the Modified Project has been processed pursuant to Section 9-
2.317, Conditional Use Permit, and Section 9-2.313, Architectural Control, Title 9, Land
Use Code of the City of San Juan Capistrano; and,
Whereas, on November 18, 2014, the City Council adopted a Mitigated
Negative Declaration for the Urban Village project (San Juan Hotel & Villas) pursuant to
CEQA and the State CEQA Guidelines; and,
Whereas, the Mitigated Negative Declaration adequately addressed and
mitigated, to the extent feasible, the potential environmental impacts associated with the
Urban Village project, which included a hotel, restaurant, residential and retail
components; and
Whereas, the Mitigated Negative Declaration was not legally challenged
and thus is presumed valid in accordance with Public Resources Code section 21167.2;
and
Whereas, the City is the lead agency for purposes of the Modified Project
pursuant to Public Resources Code section 21 067; and
PC Resolution 16-07-26-01 2 July 2·6, 2016
Whereas, pursuant to CEQA, when taking subsequent discretionary
actions in furtherance of a project for which a Mitigated Negative Declaration has been
approved, the lead agency may prepare an addendum to a previously approved
Mitigated Negative Declaration if minor technical changes or additions to the Mitigated
Negative Declaration are necessary but none of the conditions described in State CEQA
Guidelines section 15162 calling for preparation of a subsequent EIR or negative
declaration have occurred ; and
Whereas, the City's Environmental Administrator evaluated the Modified
Project by preparing a modified Initial Study Checklist and based on that modified Initial
Study Checklist and all other information in the administrative record has determined
that none of the circumstances identified in State CEQA Guidelines section 15162 have
arisen as a result of the Modified Project, and that an Addendum to the Mitigated
Negative Declaration for the Hotel Capistrano Project is appropriate to analyze the
reasonably foreseeable environmental impacts of the Modified Project; and
Whereas, the Addendum to the Mitigated Negative Declaration is attached
to the Planning Commission's July 26, 2016, staff report; and
Whereas, the Addendum has been provided to and has been reviewed by
the Planning Commission in connection with the previously approved Mitigated
Negative Declaration, which is available for inspection at City Hall and on the City's
website, and are incorporated herein by reference; and
Whereas, pursuant to State CEQA Guidelines section 15164, subdivision
(c), the Addendum is not required to be circulated for public review, but can be attached
to the Mitigated Negative Declaration; and
Whereas, the Design Review Committee (DRC) reviewed the plans on
April 14, 2016 and recommended that the item move forward to the Planning
Commission; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 26 , 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed project and has
considered all relevant public comments; and
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
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.
SECTION 2. Compliance with the California Envi ron mental Qua lity Act.
As the decision-making body for the Modified Project, the Planning Commission has
reviewed and considered the Addendum to the Mitigated Negative Declaration for the
PC Resolution 16-07-26-01 3 July 26. 2016
Hotel Capistrano by Kimpton Project. The Planning Commission finds that the
Addendum contains a complete and accurate reporting of the environmental impacts
associated with the Modified Project. The Planning Commission further finds that
Addendum and the administrative record have been completed in compliance with
CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. The
Planning Commission further finds and determines that the Addendum reflects the City's
independent judgment.
SECTION 3. Findings Regarding Environmental Impacts. Based on the
substantial evidence set forth in the record, including but not limited to the Addendum,
the Planning Commission finds that the an Addendum to the Mitigated Negative
Declaration is the appropriate document for disclosing the minor changes and additions
that are necessary to account for the Modified Project. The Planning Commission finds
that none of the conditions under State CEQA Guidelines section 15162 requiring the
need for further subsequent environmental review have occurred because the Modified
Project as described in the Addendum:
a) does not constitute a substantial change that would require major
revisions of the Mitigated Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects; and
b) does not constitute a substantial change with respect to the
circumstances under which the Modified Project would be administered that would
require major revisions to the Mitigated Negative Declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of the
previously identified significant effects; and
c) does not contain new information of substantial importance that
was not known and could not have been known with the exercise of reasonable
diligence at the Mitigated Negative Declaration was approved showing any of the
following: (i) the Modified Project would have one or more significant effects not
discussed in the Mitigated Negative Declaration; (ii) significant effects previously
examined would be substantially more severe than shown in the Mitigated Negative
Declaration; (iii) mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more significant effects,
but the Planning Commission declined to adopt such measures; or (iv) mitigation
measures or alternatives considerably different from those analyzed in the Mitigated
Negative Declaration that would substantially reduce one or more significant effects on
the environment, but which the Planning Commission declined to adopt.
SECTION 4. Adoption of Addendum to the Mitigated Negative Declaration for the
Hotel Capistrano by Kimpton Project. The Planning Commission hereby approves and
adopts the Addendum to the Mitigated Negative Declaration for the Hotel Capistrano by
Kimpton Project.
PC Resolution 16-07-26-01 4 July 26, 2016
SECTION 5. Notice of Determination . The Planning Commission directs City
staff to prepare, execute, and file a Notice of Determination with the Orange County
Clerk within five (5) working days of the approval of the Modified Project.
SECTION 6. Custodian of Records and Location of Docu ments. The Mitigated
Negative Declaration, the Addendum to the Mitigated Negative Declaration , and all
other documents constituting the administrative record for the Modified Project are on
file and available for public review at City Hall, located at 32400 Paseo Adelanto, San
Juan Capistrano, California. The custodian of the record of proceedings is the
Development Services Director.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.