PC Resolution-20-08-25-01PC RESOLUTION NO. 20-08-25-01
CODE AMENDMENT (CA) 19-004
REZONE (RZ) 20-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
DETERMINE THAT SAID ACTION IS CATEGORICALLY EXEMPT PER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE CEQA GUIDELINES
SECTION 15301; APPROVE REZONE (RZ) 20-001 AND APPROVE CODE
AMENDMENT (CA) 19-004 TO CREATE A SPECIFIC PLAN FOR THE CITY-OWNED
65.5-ACRE PROPERTY, KNOWN AS THE NORTHWEST OPEN SPACE, LOCATED
AT 30291 CAMINO CAPISTRANO (ASSESSOR’S PARCEL NUMBERS 121-050-04,
14, 18, 19, 21, AND 998-123-99).
Whereas, On December 3, 2019, the City Council initiated a Code
Amendment and directed staff to create a Specific Plan for the City-Owned Northwest
Open Space Property and to include the planned Northwest Open Space Community
Park ("Putuidem Village") project and all other existing uses on the subject property in a
Specific Plan and to change the property's current zoning from Community Park to
Specific Plan/Precise Plan; and,
Whereas, the City of San Juan Capistrano is the owner of the real
property located at 30291 Camino Capistrano (Assessor’s Parcel Numbers 121-050-04,
14, 18, 19, 21, and 998-123-99); and,
Whereas, the proposed project is being processed pursuant to Section 9-
2.309, Code Amendment 19-004 and Section 9-2.315, Zone Change (Rezone 20-001),
of Title 9, Land Use Code of the City of San Juan Capistrano to establish a Specific
Plan that includes regulations and standards for the project site, in the form of the
proposed Northwest Open Space Specific Plan; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed project; and
Whereas, in accordance with the California Environmental Quality Act
(CEQA), the recommended action is exempt from CEQA per State CEQA Guidelines
Section 15301, Existing Facilities. A Notice of Exemption (NOE) will be posted should
the project receive final approval; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on August 25, 2020 pursuant to Title 9, Land Use Code, Section 9-2.302 and
City Council Policy 5 to consider public testimony on the proposed project, considered
all relevant public comments and recommended approval of the project to the City
Council.
PC Resolution 20-08-25-01 2 August 25, 2019
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Zone Change (RZ 20-001):
1. The proposed zone change is consistent with the General Plan land use map
and applicable goals and policies because the proposed project consists of an
amendment to the Official Zoning Map to establish a "SP/PP" (Specific
Plan/Precise Plan) Zone District. Should the City determine that the project
Specific Plan is substantially consistent with goals and policies of the General
Plan, especially the Land Use Element and Cultural Resources Element, the
proposed Specific Plan would implement those goals and policies. Specifically,
the Specific Plan is consistent with “Land Use Goal 4: Preserve major areas of
open space and natural features”; and with Cultural Resources Goal 1: Preserve
and protect historical, archaeological, and paleontological resources”.
2. The proposed zone change is consistent with the Land Use Code, including
Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix
because the proposed amendment to the Official Zoning Map is consistent with
the Title 9, Land Use Code provisions established by Article 1 and Table 2-1. The
singular proposed map change is to the 65.5 acre-site, while the Specific Plan
would create development standards for the entire proposed project area. In
terms of the amendment to the Official Zoning Map, the change from "CP"
(Community Park) to "PC" (Planned Community) results in development
standards that are specific to the project site and that need to reflect compatibility
with the Northwest Open Space area. Furthermore, Table 2-1 provides that the
proposed Specific Plan/Precise Plan zoning designation is consistent with
Community Park (CP) zoning designation.
3. The site of the proposed zone change is suitable for any of the land uses
permitted within the proposed zone district because the existing land uses
comply with the land uses outlined in the Specific Plan. Future development in
the Northwest Open Space will be required to comply with the Specific Plan.
4. The uses allowed by the proposed zone change are compatible with existing and
planned uses on surrounding properties and the community in general because
the existing land uses will be compatible with the land uses outlined in the
Specific Plan.
5. The proposed zone change is reasonable and beneficial at this time because the
Specific Plan will legalize all of the existing land uses on the property, including
the forthcoming "Putuidem Village" project.
PC Resolution 20-08-25-01 3 August 25, 2019
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with
respect to Code Amendment (CA 19-004):
1. The proposed Land Use Code Amendment conforms with the goals and policies
of the General Plan because it provides for the fulfilment of the General Plan’s
goals and policies, including Land Use Goal 4, which provides, “Preserve major
areas of open space and natural features”; and with Cultural Resources Goal 1,
which provides, “Preserve and protect historical, archaeological, and
paleontological resources.” The proposed code amendment will allow for the
creation of a Specific Plan which will legalize existing land uses and provide
development standards.
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience and/or general
welfare because the proposed amendment achieves the goals and policies of the
General Plan for the reasons listed above.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code and is consistent with all other related provisions thereof
because it provides, specifically, that the existing and future land uses must
conform to the Specific Plan.
4. The proposed Land Use Code amendment is reasonable and beneficial at this
time because the Specific Plan will legalize all of the existing land uses on the
property, including the forthcoming "Putuidem Village" project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon its review
of the entire record before it, the Planning Commission of the City of San Juan
Capistrano does hereby find that the project is categorically exempt from further
environmental review under CEQA pursuant to State CEQA Guidelines Section 15301,
Class 1 (Existing Facilities). The Class 1 exemption specifically exempts from further
environmental review “the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or
former use.” Here, the project involves a Specific Plan and Land Use Code amendment
that will correct the zoning of the Northwest Open Space (NWOS) Property from
Community Park to Specific Plan/Precise Plan so that the “Putuidem Village” project,
along with other existing uses on the property—which are currently inconsistent with the
property’s Community Park zoning designation—are made zoning consistent. This is a
minor zone change and Code amendment involving negligible or no expansion of
existing use
Furthermore, none of the exceptions to the use of the Class 1
categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The
PC Resolution 20-08-25-01 4 August 25. 2019
that result in a reasonably possibility of a significant effect on the environment. The
project will not damage scenic resources, including trees, historic buildings, rock
outcroppings , or similar resources. The project does not include any hazardous waste
sites, and the project will not cause a substantial adverse change in the significance of a
historical resource. Thus, the Class 1 exemption applies, and no further environmental
review is required.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the
Planning Commission recommends that the City Council find that said action is
categorically exempt from CEQA; and approve Zone Change (RZ 20-001) and Code
Amendment (CA 19-004) as provided in Exhibit A, attached hereto and incorporated
herein.
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.
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.
PASSED, APPROVED AND ADOPTED this 25th day of August, 2020.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary
Tami Wilhelm , Chair