Resolution Number 22-10-04-01
1 10/4/2022
RESOLUTION NO. 22-10-04-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT 22-001 TO AMEND THE LAND USE DESIGNATION OF
FOUR CITY-OWNED PARCELS FROM GENERAL COMMERCIAL (GC)
TO SPECIFIC PLAN/PRECISE PLAN (SP/PP) AND FINDING THAT SAID
ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES
SECTION 15332, IN-FILL DEVELOPMENT PROJECTS (CLASS 32) (APN
#124-160-27, 124-160-55, 124-160-57, 124-160-63)(APPLICANT:
JESSICA STEINER, BICKEL GROUP ARCHITECTURE).
WHEREAS, Jessica Steiner, Bickel Group Architecture, 3600 Birch Street, Suite
120,Newport Beach, CA 92660 (the “Applicant”) has requested approval of General Plan
Amendment (GPA) 22-001 to amend the land use designation of the four City-owned
parcels from General Commercial to Specific Plan/Precise Plan in order to create the El
Camino Specific Plan (SP 22-01) (the “Project”), to facilitate the development of a new
commercial project consisting of two, 2-story buildings with approximately 27,457 square
feet of retail, restaurant and office uses, and a 4-story parking structure with a 2,607
square foot retail space on a 1.68-acre City-owned property currently developed with the
Camino Real Playhouse and a public parking lot located for 31776 El Camino Real (APNs
124-160-27, 124-160-55, 124- 160-57, 124-160-63); and,
WHEREAS, the entitlements sought include General Plan Amendment (GPA) 22-
001, Code Amendment (CA 16-003), Rezone (RZ) 22-001, Architectural Control (AC) 22-
004, Tree Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010; and,
WHEREAS, the City of San Juan Capistrano (“City”) is the owner of the real
property located at 31776 El Camino Real (APN #124-160-27, 124-160-55, 124-160-57,
124-160-63); and,
WHEREAS, on May 3, 2022, the City Council initiated a General Plan Amendment,
Rezone and Code Amendment study to create a 1.68-acre Specific Plan that would
encompass the City-owned Downtown/Playhouse property; 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
is the lead agency for the Project; and,
WHEREAS, on August 24, 2022, the Planning Commission conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the Project, considered all relevant public
comments and adopted a resolution conditionally approving Architectural Control (AC)
22-004, Tree Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010; and
adopted a resolution recommending that the City Council find the said action is
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categorically exempt from the California Environmental Quality Act (CEQA) under CEQA
Guidelines Section 15332, In-Fill Development Projects (Class 32), approve GPA 22-001,
adopt the El Camino Specific Plan, and adopt CA 22-002 and RZ 22-001; and,
WHEREAS, based upon its review of the entire record before it, the City Council
of the City of San Juan Capistrano does hereby find that pursuant to the California
Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code § 21000 et seq.) and the State
CEQA Guidelines (the “Guidelines”) (14 Cal. Code Regs. § 15000 et seq.), City staff has
considered the potential environmental impacts of the proposed Code Amendment (CA)
22-002 and Rezone (RZ) 22-001 (the “Project”). Based on that review, the City City
Council hereby finds that the entire Project is Categorically Exempt from further review
under the California Environmental Quality Act per State CEQA (Cal. Code Regs., §
15000 et seq.), pursuant to Section 15332, In-Fill Development Projects (Class 32); and,
WHEREAS, on October 4, 2022, the City Council conducted a duly noticed public
hearing on this Resolution, at which time all persons wishing to testify were heard and the
Project was fully considered; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AS FOLLOWS:
Section 1. Recitals. The City Council finds that the above recitals are true and
correct, and incorporated herein as findings of fact.
Section 2. Compliance with CEQA. As the decision-making body for the City, and
in the City’s role as lead agency under the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code
Regs., tit. 14, § 15000 et seq.) for the Project, the City Council finds that the entire Project
is Categorically Exempt from CEQA review pursuant to State CEQA Guidelines, section
15332, In-Fill Development Projects (Class 32).
The entire Project is exempt per Section 15332 because the Project meets the
required conditions for Class 32. The Project is consistent with the applicable general
plan designation and all applicable general plan policies as well as with applicable zoning
designations and regulations outlined in the El Camino Specific Plan; in all respects where
the El Camino Specific Plan does not specify a development standard, the Project is
consistent with the San Juan Capistrano General Plan and Title 9 of the Municipal Code,
Land Use. The Project occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. Specifically, the Project is located at 31776 El
Camino Real in the City of San Juan Capistrano, consists of 1.68 acres, and is surrounded
by Town Center (commercial), Community Park (public), and Town Center Edge
(commercial) to the north, south, and east, respectively, and Town Center (commercial)
to the west. The Project site has no value, as habitat for endangered, rare, or threatened
species because a portion of the Project site has already been developed and is currently
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improved with a commercial building and parking lot on the parcels. Therefore, the site is
not habitat for endangered, rare, or threatened species.
Approval of the Project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; analysis has been conducted to ensure the Project
does not result in any significant effects relating to traffic and water quality, including the
following: a Traffic Sensitivity Analysis accepted by the City Traffic Engineer and the
Preliminary Water Quality Management Plan approved by the Public Works Department.
Further, there is no evidence that the Project would result in significant effects relating to
air quality or noise. The site can be adequately served by all required utilities and public
services; the Project site is currently serviced by all required utilities, including but not
limited to electricity, gas, garbage, water, and sewer and therefore would remain
adequately serviced. Further, none of the exceptions to the categorical exemptions
identified in CEQA Guidelines Section 15300.2 apply. Based on the performed studies
and the conclusions, there is no reasonable possibility that the Project would have a
significant effect on the environment due to unusual circumstances; the site is already
developed with a commercially operating playhouse, the Project’s Traffic Sensitivity
Analysis concluded that the Project would not result in a significant increase of inbound
and outbound traffic, would provide adequate access, and would provide adequate off-
street parking.
The City Council further finds that none of the exceptions to the categorical exemptions
identified in State CEQA Guidelines, section 15300.2 apply. There is nothing unusual
about the project site or the project itself that would lead to a potentially significant impact.
And, even if an unusual circumstance did exist (one does not), based on the studies
performed, there is no reasonable possibility that the Project would have a significant effect
on the environment. The Project site is already developed with a commercially operating
playhouse, the Project’s Traffic Sensitivity Analysis concluded that the project would not
result in a significant increase of inbound and outbound traffic, would provide adequate
access, and would provide adequate off-street parking. Further, the Project will not result
in damage to scenic resources within a highway officially designated as a state scenic
highway; the closest officially designated state scenic highway is located near Anaheim
and therefore the Project will not result in damage to scenic resources within or near such
highway. Further, the Project is not located on a site which is included on any list compiled
pursuant to Government Section 65962.5; the project site has not been designated as a
hazardous waste site. Further, the Project will not cause a substantial adverse change in
the significance of a historic resource; specifically, there would be no substantial adverse
change in the significance of the Blas Aguilar Adobe for the reasons outlined in the staff
report and presentation that accompanied this Resolution. Thus, the Class 32 categorical
exemption applies.
The City Council hereby directs staff to prepare, execute and file with the Orange
County Clerk Recorder a notice of exemption within five (5) working days of approval of
this Resolution.
Section 3. General Plan Amendment. The City Council of the City of San Juan
Capistrano does hereby make the following findings pursuant to Title 9, Land Use Code
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of the City of San Juan Capistrano with respect to General Plan Amendment (GPA 22-
002):
A. The proposed General Plan Amendment is internally consistent with all
other sections of the Land Use Element and also with all other Elements of the General
Plan. This amendment would amend the land use designation of the four City-owned
parcels from General Commercial to Specific Plan/Precise Plan. This amendment would
allow for the adoption of the accompanying Code Amendment.
B. The proposed General Plan Amendment is consistent with the overall
goals and policies of the General Plan because it establishes a land use designation that
will be governed by the El Camino Specific Plan, and the proposed land uses,
development standards and design elements of the Project Area are consistent with the
following goals and policies of the General Plan including:
Land Use Element
Land Use GOAL 1: Develop a balanced land use pattern to ensure that
revenue generation matches the City's responsibility for provision and maintenance of
public services and facilities.
The General Plan Amendment would result in a land use pattern that would ensure
revenue generation by providing additional retail uses to serve the community.
Additionally, the amendment would contribute to an increase in property taxes, due to the
improvement of an undeveloped and underutilized property. This increase in property tax
revenue would assist the City to maintain and improve public services and facilities.
Property improvement and development of the Project would help to facilitate Land Use
Goal 1.
Policy 1.1: Encourage a land use composition in San Juan Capistrano that
provides a balance or surplus between the generation of public revenues and the cost of
providing public facilities and services.
The proposed Project would contribute to the Project’s fair share of public facility and
utility costs through payment of Development Impact Fees. Additionally, property taxes
generated as a result of project implementation would go to the City’s General Fund, from
which the City utilizes revenue to fund public services and utilities.
Policy 1.2: Encourage commercial, tourist-oriented, and industrial
development that is compatible with existing land uses within the City to improve the
generation of sales tax, property tax, and hotel occupancy tax.
The proposed Project is envisioned as a commercial, tourist-oriented development that
has been designed to be compatible with existing land uses which serve tourism in the
downtown. Development of uses in this area would improve the generation of sales tax
and property tax within the City and would revitalize underutilized land with new
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compatible restaurant and retail uses that would serve the tourist-oriented activities in the
downtown.
GOAL 2: Control and direct future growth within the City to preserve the
rural village-like character of the community.
The proposed Project would develop the site with a commercial center at a maximum
Floor Area Ratio (FAR) of 0.38:1 and at a maximum height of two stories for the retail and
4 levels of parking. The proposed Project is a designed development that highlights the
Mediterranean, Monterey, Agrarian and eclectic history of the City, with themed buildings
and an earth-toned color palette. The development concept fosters interaction and mutual
support between the Project’s various land uses. Visiting patrons are provided retail and
dining opportunities without the need for multiple vehicular trips because they can park
once and walk safely around the center by way of the connected and clearly-marked
pedestrian pathway. The Project is envisioned as a pedestrian-oriented development,
offering communal tables for outdoor dining, a plaza that provides seating, dining tables,
landscape, café lighting, an art piece and a historic depiction program.
Policy 2.2: Assure that new development is consistent and compatible with
the existing character of the City.
The proposed Project would allow for the development of a commercial center that would
be consistent in use and character with surrounding development in the downtown,
including surrounding buildings and retail uses. The proposed development plan includes
an Agrarian and Monterey influence design that ensures consistency in visual character
between the proposed project and surrounding architecture. Specifically, the proposed
architectural style is consistent with the Inn at the Mission Hotel which provides a building
with a Monterey style represented along Ortega Highway. The proposed parking structure
will provide parking for patrons of the downtown area and will provide accessible access
via a sidewalk along El Camino Real that provides connections to shopping opportunities
along Ortega Highway.
Policy 2.3: Ensure that development corresponds to the provision of public
facilities and services.
The proposed Project would be served by existing infrastructure and utilities, including
water and sewer services.
GOAL 3: Distribute additional population within the City based on risk
factors. Policy 3.1: Confine higher density land uses to the valley areas outside of the
floodplain.
Development of the proposed El Camino Specific Plan, a commercial project, would not
cause a population increase within the City. The commercial uses would support the
surrounding existing neighborhoods and service residents in the area. The commercial
uses would not be a regional draw and thus would not lead directly, or indirectly, to
migration to the City for purposes of accessing the retail and restaurant opportunities
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provided. Residential uses are not a permitted use within the El Camino Specific Plan
Area.
Policy 3.2: Limit density of development in the hillsides, floodplains, and
other high risk areas.
Open space and natural features provide visual quality in San Juan Capistrano. Open
spaces also can protect community safety by limiting development in, high risk areas such
as hillsides and floodplains. The quality of life can also be maintained by preserving areas
which contribute to the community in an open space capacity, such as groundwater
recharge and recreational areas.
The proposed uses within the El Camino Specific Plan Area are not considered high-
density land uses and are not located within a floodplain. In addition, no open spaces or
natural features are located on the site, and none would be impacted by development of
the proposed Project.
GOAL 4: Preserve major areas of open space and natural features.
The Project site contains a parking lot and a commercial use (not open space or
agricultural uses). The Project site does not contain natural topography or natural features
that have functioned as public open space or would represent a natural hazard. The
Project site would not affect ridgelines or its immediate adjacent area. Therefore, the
proposed project would be consistent with Goal 4 of the Land Use Element.
GOAL 5: Encourage commercial development which serves community
needs and is located in the existing central business district.
The proposed Project has been designed to serve the community with retail, restaurants,
and office and community gatherings within the proposed plaza which provides seating,
dining tables, landscape, café lighting, an art piece and a historic depiction program The
Project is located in the central business district and will include a parking structure will
provide parking for patrons of the downtown area and will provide accessible access via
a sidewalk along El Camino Real that provides connections to shopping opportunities
along Ortega Highway.
GOAL 6: Enhance or redevelop underperforming commercial centers.
Policy 6.1: Allow for the transition of the oversupply of commercial land use to other
economically viable revenue producing land uses.
The Project site contains a parking lot and a commercial use. Redevelopment of the site
through the El Camino Specific Plan would result in economically viable revenue
producing land uses because the Specific Plan would revitalize underutilized land with
new compatible restaurant and retail uses that would serve the tourist-oriented activities
in the downtown. No transition of land uses are proposed as part of the Specific Plan.
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GOAL 7: Enhance and maintain the character of neighborhoods.
The proposed Project has been designed with details, finishes and colors that reflect the
Mediterranean, Monterey, Agrarian and eclectic history of the City, especially with an
agrarian architectural style that balances height and massing. The project site would be
developed with 27,457 square feet of retail, restaurant and office uses. The overall design
concept for the project depicts a pedestrian-oriented development, with outdoor seating
and dining areas that incorporate a California-native landscape palette. The Project would
provide indoor and outdoor dining in an outdoor courtyard setting with seating and
communal tables.
Policy 7.1: Preserve and enhance the quality of San Juan Capistrano
neighborhoods by avoiding or abating the intrusion of non-conforming buildings and uses.
The Project site has been designated and used for commercial uses. The proposed uses
within the El Camino Specific Plan Area are would not be non-conforming buildings or
uses. The El Camino Specific Plan Area includes new uses that will be complimentary to
adjacent commercial uses.
Policy 7.2: Ensure that new development is compatible with the physical
characteristics of its site, surrounding land uses, and available public infrastructure.
There are no physical characteristics of the Project site that would preclude development
of the El Camino Specific Plan Area. The available and required public infrastructure to
serve the El Camino Specific Plan Area was assessed as part of the project review
process.
Policy 7.4: Protect the existing population and social character of older
areas subject to rehabilitation and redevelopment.
The proposed Project with two uniquely crafted buildings and a parking structure to reflect
the existing character of the community has been designed and will be accessible to
pedestrians via El Camino Real and will include enhanced paving and edge landscaping
and a historic depiction program.
Circulation Element
The proposed Project is consistent with the goals and policies discussed in the City of
San Juan Capistrano Circulation Element. The Circulation Element is the guiding
document for planning the circulation and mobility for the proposed project. For the
reasons stated below, the Project is consistent with the Circulation Element, by providing
safe and convenient pedestrian access to both area residents and visitors:
GOAL 1: Provide a system of roadways that meets the needs of the
community. Policy 1.1: Provide and maintain a City circulation system that is in balance
with the land uses in San Juan Capistrano.
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The proposed Project includes improvements to the entrance to the site at El Camino
Real to provide safe and efficient vehicular access to the El Camino Specific Plan Area,
specifically the entry driveway and parking areas.
GOAL 2: Promote an advanced local transportation network. Policy 2.1:
Encourage the increased use and expansion of public transportation opportunities.
The proposed El Camino Specific Plan Area is situated near major public transportation
facilities (the San Juan Capistrano train station and OCTA Route 91). The Project’s
location is ideal for visitors to utilize existing local transportation/transit facilities.
GOAL 4: Minimize the conflict between the automobile, commercial,
vehicles, pedestrians, horses, and bicycles.
The El Camino Specific Plan Area provides a comprehensively designed circulation
system that accommodates the safe movement of automobiles, commercial vehicles, and
pedestrians. Street improvements are proposed along El Camino Real that will improve
vehicular and non-vehicular safety.
Conservation and Open Space Element
GOAL 4: Prevent incompatible development in areas which should be
preserved for scenic, historic, conservation, or public safety purposes.
Although the Project site does not have historic structures, it is located adjacent to the
Blas Aguilar Adobe. The El Camino Specific Plan Area contains development
standards/regulations as well as design guidelines that will guide future development and
ensure high-quality design that is compatible with the downtown area. The El Camino
Specific Plan Area does not contain areas designated by the City for preservation for
scenic, conservation, or public safety purposes.
GOAL 5: Shape and guide development in order to achieve efficient growth
and maintain community scale and identity.
The proposed Project would allow for the development of 27,457 square feet of retail,
restaurant and office uses on the project site. The proposed buildings on the site would
be developed in a manner that would be consistent with the character and scale of
adjacent commercial developments surrounding the site, be constructed in the
Mediterranean, Monterey, Agrarian and eclectic architectural style.
Policy 5.1: Encourage high-quality design in new development and
redevelopment to maintain the low-density character of the City.
The proposed El Camino Specific Plan has been designed as a low-density
retail/restaurant and office center. The Project has been designed to maintain the
character of the downtown – with a Mediterranean, Monterey, Agrarian and eclectic
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architectural style, and an earth-toned color palette. The landscape plan includes trees
and shrubs along Ortega Highway and El Camino Real.
Policy 5.2: Ensure that new development integrates and preserves areas
designated for scenic, historic, conservation, or public safety reasons.
The El Camino Specific Plan contains development standards/regulations as well as
design guidelines that will guide future development and ensure high-quality design that
is compatible with the downtown area. The El Camino Specific Plan Area does not contain
ridgelines or areas designated by the City for preservation for scenic, conservation, or
public safety purposes.
Cultural Resources Element
GOAL 1: Preserve and protect historical, archaeological, and
paleontological resources. Policy 1.2 Identify, designate, and protect buildings and sites
of historic significance.
The proposed parking structure is proposed to be located approximately 26’-9” feet from
the Blas Aguilar Adobe. The existing landscape along the Blas Aguilar Adobe’s northern
property line will be modified to provide tall trees and shrubs to screen the parking
structure from the adobe. The tree palette will include Aleppo Pine, Maverick Honey
Mesquite, Brisbane Box, and Dragon Tree.
Public Services and Utilities Element
GOAL 6: Provide sufficient levels of water and sewer service.
Future development within the ECSP will adhere to Santa Margarita Water District
requirements to ensure sufficient level of water and sewer services are provided to
service the new development.
Based on the above findings, the City Council hereby adopts and approves General Plan
Amendment (GPA) 22-001 as Exhibit A.
Section 5. Custodian of Records. The documents and materials that
constitute the record of proceedings on which this Resolution has been based are located
at City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. The custodian of
the record of proceedings is the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 4th day of October 2022.
_____________________________________
DEREK REEVE, MAYOR
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ATTEST:
________________________________________
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY 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. 22-10-04-01 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 4th day of October
2022, by the following vote:
AYES: COUNCIL MEMBERS: Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
RECUSED: COUNCIL MEMBERS: Taylor
____________________________
MARIA MORRIS, CITY CLERK
EXHIBIT A
Existing Land Use
Proposed Land Use
SP/PP