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