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PC Resolution-22-11-09-01RESOLUTION NO. 22-11-9-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE SALE OF CITY-OWNED PROPERTY LOCATED AT 26874 ORTEGA HIGHWAY AND 31776 EL CAMINO REAL (APNs: 124-160-55, 124-160-56, & 124- 160-57) AND THE DEVELOPMENT OF THE ORTEGA AND CAMINO COMMERCIAL PROJECT (APNs: 124-160-27, 124-160-55, 124-160-56, 124-160-57, & 124-160-63) ARE CONSISTENT WITH THE CITY'S GENERAL PLAN AND FINDING THAT SAID ACTION IS EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15332 WHEREAS, the City of San Juan Capistrano ("City") General Plan ("General Plan") is a comprehensive, long-term plan that guides land use and physical development of the geographic area of the incorporated City limits; and WHEREAS, the General Plan provides policy direction regarding land uses that are intended to serve the community based on the buildout of the community as anticipated by the General Plan; and WHEREAS, the City has the ability to acquire, dispose of, vacate or abandon ·real property in conformance with its General Plan; and WHEREAS, the City Council has previously approved a General Plan Amendment to change the land use designation of four City-owned parcels located at 31776 El Camino Real (APNs 124-160-27, 124-160-55, 124-160-57, & 124-160-63), a Rezone to change the zoning designation of the four parcels from Town Center to Specific Plan/Precise Plan, and a Code Amendment to create the El Camino Specific Plan; and WHEREAS, the underlying purpose of the sale of the City-owned property is to allow the development of a new commercial project consisting of two, two-story buildings with approximately 27,457 total square feet of retail, restaurant and office uses, and a four-story parking structure with a 2,607 square foot retail space on the 1.68-acre project site (the "Project"); and WHEREAS, pursuant to Government Code Section 65402, the Planning Commission of the City of San Juan Capistrano must make a finding that the sale of the City-owned parcels and the development of the Project conforms with the General Plan; and WHEREAS, after a duly noticed public meeting held on the 9th day of November, 2022, and the consideration of all facts and circumstances, the Planning Commission desires to make a finding of General Plan conformance based upon substantial evidence; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 1 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are incorporated herein by reference as findings of the Planning Commission. SECTION 2. The Planning Commission finds that the entire Project is Categorically Exempt from California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("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 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 resu lt 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. Furthermore, none of the exceptions to the categorical exemptions identified in State CEQA Guidelines, section 15300.2 apply. There is nothing unusual about the 2 project site or the project itself that would lead to a potentially significant impact. And, even if an unusual circumstance did exist (om~ 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 sign ificance 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 Planning Commission 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. The General Plan identifies several goals that assist in determining that the subject action is in conformity with the General Plan, as follows: o Land Use Element, Goal 2: Control and direct future growth within the City to preserve the rural village-like character of the community. o Land Use Element, Goal 5: Encourage commercial development which serves community needs and is located in the existing central business district. o Conservation and Open Space Element, Goal 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. o Community Design Element, Goal 1: Encourage and preserve a sense of place. The Planning Commission has determined that the above referenced findings, in conjunction with all written and oral evidence presented to the Planning Commission, including staff reports and Commission deliberation, provides substantial evidence for the Planning Commission's finding of General Plan conformity with respect to the sale of the City-owned property and the development of the Project under Government Code Section 65402. SECTION 4. 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 records for the record of proceedings. 3 SECTION 5. This Resolution takes effect on the expiration of the 15-day appeal period if no appeal application has been filed. The appeal period expires at 5:30 pm, Thursday, November 24, 2022. This Project approval is valid for a period of 12 months from the effective date of approval of this Resolution , and it expires on November 24 , 2023, unless a time extension request or building permit application related to this approval is submitted to the City prior to that date. SECTION 6. A copy of this Resolution shall be delivered to the City Clerk. PASSED, APPROVED AND ADOPTED this 9th day of November, 2022. 4