Resolution Number 19-05-21-01RESOLUTION NO. 19-05-21-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PER WRIT OF MANDATE, REPEALING
APPROVAL OF THE ADDENDUM TO THE NOVEMBER 18, 2014
MITIGATED NEGATIVE DECLARATION FOR THE SAN JUAN HOTEL &
VILLAS PROJECT, CONDITIONAL USE PERMIT (CUP) 15-012,
ARCHITECTURAL CONTROL (AC) 15-026, GRADING PLAN
MODIFICATION (GPM) 16-008, AND THE TREE REMOVAL PERMIT,
AFFIRMED ON APPEAL BY RESOLUTIONS NOS. 16-09-06-03
THROUGH -07, FOR THE PROPOSED HOTEL CAPISTRANO BY
KIMPTON (31872, 31878, AND 31882 CAMINO CAPISTRANO, APNS
124-160-519 -52, AND -37)
Whereas, on September 6, 2016, the City Council adopted Resolution Nos.
16-09-06-03 through -07, which affirmed on appeal the Planning Commission's adoption
of five approvals for the proposed Hotel Capistrano by Kimpton; and,
Whereas, the five approvals included the Addendum to the November 18,
2014 Mitigated Negative Declaration for the San Juan Hotel & Villas project (Resolution
No. 16-09-06-03); Conditional Use Permit (CUP) 15-012 (Resolution No. 16-09-06-04);
Architectural Control (AC) 15-026 (Resolution No. 16-09-06-05); Grading Plan
Modification (GPM) 16-008 (Resolution No. 16-09-06-06); and Tree Removal Permit
(Resolution No. 16-09-06-07); and,
Whereas, the project was subject to the lawsuit, SPM-Fainleld, LLC v. City
of San Juan Capistrano (Case No. 30-2016-00878881-CU-TT-CXC), filed October 4,
2016 in the Superior Court of Orange County. On July 23, 2018, the Superior Court issued
a writ of mandate directing the City to vacate and set aside the above approvals and to
notify the Superior Court upon completion of the order; and,
Whereas, on September 21, 2018, the Superior Court's decision was
appealed to the Court of Appeal (Case No. G056835), which stayed the Superior Court's
order. The appeal was dismissed on March 12, 2019 and the Court of Appeal issued its
remittitur on March 13, 2019, meaning that the Superior Court's order is again in effect;
and,
Whereas, the purpose of this Resolution is to comply with the Superior
Court's writ of mandate by repealing the five approvals for the project and directing City
Attorney to file appropriate notice with the Superior Court; and
Whereas, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE BE IT RESOLVED, the City Council, per the Superior
Court's writ of mandate, hereby repeals the following approvals for the proposed
Capistrano Hotel by Kimpton:
1. Addendum to the November 18, 2014 Mitigated Negative
Declaration for the San Juan Hotel & Villas project (Resolution No.
16-09-06-03);
2. Conditional Use Permit (CUP) 15-012 (Resolution No. 16-09-06-04);
3. Architectural Control (AC) 15-026 (Resolution No. 16-09-06-05);
4. Grading Plan Modification (GPM) 16-008 (Resolution No. 16-09-06-
06); and
5. Tree Removal Permit (Resolution No. 16-09-06-07);
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council, per
the Superior Court's writ of mandate, directs the City Attorney to file the appropriate notice
with the Superior Court of adoption this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council
determines that this Resolution is not subject to the requirements of California
Environmental Quality Act ("CEQA"). Under section 15060(c)(3), the whole of the
Resolution is exempt because this Resolution is not a "project" as defined by section
15378, since it is not a discretionary action. 5
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council herby
directs Staff to prepare, execute, and file a Notice of Exemption within five working days
after the City Council approves this Resolution.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
EFFECTIVE DATE AND EXECUTION: This Resolution shall become
effective upon its adoption. The Mayor shall sign this Resolution and the City Clerk shall
attest to the adoption thereof.
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PASSED, APPROVED AND ADOPTED this 21st day of May 2019.
PPr
T OR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 19-05-21-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
2 jr day of May 2019, by the following vote:
S: OUNCIL MEMBERS: Reeve, Farias, Bourne and Mayor Maryott
.S: OUNCIL MEMBERS: None
EN OUNCIL MEMBERS: Taylor
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