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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.