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.
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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
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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.
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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.
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