PC Resolution-22-03-23-01PC RESOLUTION NO. 22-3-23-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE ACQUISITION OF AN EASEMENT
OF 4,289 SQUARE FEET FOR PASEO ADELANTO ROAD RIGHT OF WAY TO THE
CITY OF SAN JUAN CAPISTRANO (APN:649-201-04), GENERALLY LOCATED ON
PASEO ADELANTO NORTH OF DEL OBISPO STREET IS CONSISTENT WITH THE
CITY'S GENERAL PLAN AND FINDING SAID ACTION EXEMPT FROM CEQA
WHEREAS, the Orange County Flood Control District ("OCFCD") currently owns
in fee an approximately 4,289 square foot parcel located at Paseo Adelanto (APN:649-
201-04) (the "Paseo Adelanto parcel");
WHEREAS, the Paseo Adelanto parcel which is owned by the OCFCD is intended
to be used to accommodate a traffic circle at the intersection of River Street and Paseo
Adelanto designed to improve circulation and facilitate U-turn movements of vehicles
along Paseo Adelanto;
WHEREAS, upon and after the granting of an easement the use of the property
for right of way purposes will continue to be consistent with the uses allowed under the
current zoning of Specific Plan/Precise Plan and General Plan land use designation of
Specific Plan/Precise Plan;
WHEREAS, California law allows the OCFCD to convey property if doing so
furthers the common benefit, health, safety, and general welfare of its citizens, and
provided the disposition is in conformance with the City's adopted General Plan;
WHEREAS, pursuant to Government Code Section 65402, the Planning
Commission has hereby considered whether the conveyance of an easement for Paseo
Adelanto Road right of way to the City of San Juan Capistrano is in conformance with the
City's adopted General Plan, and based on staff presentations and reports, and other
evidence presented to and considered by the Planning Commission during the meeting
on this matter, the Planning Commission finds as follows:
• The conveyance of an easement for Paseo Adelanto Road right of way to the
City of San Juan Capistrano would conform with and further General Plan
goals and policies because the property will continue to be used consistent
with the uses contemplated in the General Plan.
WHEREAS, the Paseo Adelanto parcel acquisition is exempt from CEQA per
Section 15061 (b )(3), the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. The mere acquisition of an
easement will not have a significant effect on the environment. Further, an Environmental
Impact Report ("EIR") was adopted for the River Street Marketplace project that analyzed
the use of the easement as a right of way in compliance with the provisions of CEQA. The
EIR is available at City Hall and on the City's website at
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PC Resolution 22-3-23-01 March 23 2022
https://sanjuancapistrano.org/Departments/Development-Services/Planning-
Division/Environmental-Documents.
NOW, THEREFORE, after consideration of the staff report and all the information,
testimony, and evidence presented at the Planning Commission meeting, the Planning
Commission of the City of San Juan Capistrano resolves that:
SECTION 1. The foregoing recitals are true and correct and incorporated fully in
this resolution.
SECTION 2. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the conveyance of an easement to the City of San Juan Capistrano
conforms to the City of San Juan Capistrano General Plan.
PASSED, APPROVED AND ADOPTED by the San Juan Capistrano Planning
Commission on this 23rd day of March 2022.
c:?t~i<Jd!IL.-Tami Wilhelm, Vice-Chair
Joel
Plan
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ent Services Director
Secretary