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PC Resolution-16-07-26-06PC RESOLUTION NO. 16-07-26-6 ADDENDUM TO FEIR FOR THE PLAZA BANDERAS HOTEL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA BANDERAS HOTEL (SCH#2010051075)(ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, & 16)(APPLICANT: DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.). Whereas, Dan Friess, Mission Commercial Properties, Inc., on behalf of South Coast Investors II, LLC, 31866 Camino Capistrano, San Juan Capistrano, CA 92675 (the "Applicant"), has requested approval of modifications to the existing Plaza Banderas Hotel Project. The requested modifications have been submitted in the form of Comprehensive Development Plan (COP) 10-001, Architectural Control (AC) 15-035, and Grading Plan Modification (GPM) 16-006. Together, these permits would allow for the development of a new hotel to include 124 rooms, a restaurant, banquet facilities, garden plaza, swimming pool, kids club and fitness center (the "Modified Project"). The Modified Project is a modification to the previously approved Plaza Banderas Hotel (AC 1 0-002) project located at 26891 Ortega Highway and is generally located at the northeast corner of Ortega Highway and El Camino Real; and, Whereas, on October 19, 2010, the City Council approved a General Plan Amendment to the land use designation (GPA 10-001) and approved the Plaza Banderas Hotel Comprehensive Development Plan (COP 1 0-01) within a Planned Community (PC); and, Whereas, on October 19, 2010, the City Council approved a Rezone to the City's Zoning Map (RZ 10-001) and approved the Plaza Band eras Hotel Comprehensive Development Plan (COP 10-01) within a Planned Community (PC); and, Whereas, South Coast Investors II, LLC, 31866 Camino Capistrano, San Juan Capistrano, CA 92675, are the owners of real property located at Assessor's Parcel Numbers 24-170-12, 14, 15, & 16; and, Whereas, the Modified Project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, on October 5, 2010, pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs. § 15000 et seq.: "State CEQA Guidelines"), the City Council certified the Final Environmental Impact Report for the Plaza Banderas Hotel Project (SCH#201 0051 075) (the "EIR"); and, Whereas, the EIR adequately addressed and mitigated, to the extent feasible, the potential environmental impacts associated with the Plaza Banderas Hotel project, which included a hotel and restaurant component; and, PC Resolution 16-07-26-6 2 July 26. 2016 Whereas, the EIR 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, Whereas, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the lead agency is required to prepare an addendum to a previously certified EIR if some changes or additions to the EIR are necessary but none of the conditions described in State CEQA Guidelines section 15162 calling for preparation of a subsequent EIR 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 Final EIR for the Plaza Banderas Hotel Project (SCH# 2010051 075) is appropriate to analyze the reasonably foreseeable environmental impacts of the Modified Project; and, Whereas, the Addendum to the EIR 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 certified EIR, 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 certified EIR; and, Whereas, the Design Review Committee (DRC) reviewed the plans on February 11, 2016, March 24, 2016, April14, 2016, May 12, 2016 and June 9, 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. PC Resolution 16-07-26-6 3 July 26. 2016 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 Environmental Quality Act. As the decision-making body for the Modified Project, the Planning Commission has reviewed and considered the Addendum to Final EIR (SCH#2010051075) for the Plaza Banderas Hotel 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 EIR 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 EIR 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 EIR 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 EIR was certified showing any of the following: (i) the Modified Project would have one or more significant effects not discussed in the EIR; (ii) significant effects previously examined would be substantially more severe than shown in the EIR; (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 EIR 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 Final EIR for the Plaza Banderas Hotel Project (SCH#2010051075). The Planning Commission hereby approves and adopts the Addendum to the Final EIR for the Plaza Banderas Hotel Project (SCH#201 0051 075). PC Resolution 16-07-26-6 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 Documents. The EIR and the Addendum 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. Sergio lotz, AICP, Assistant Development Services Director/Secretary