PC Resolution-22-11-09-02RESOLUTION NO. 22-11-9-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE SALE OF
THE APPROXIMATELY 0.13-ACRE PORTION OF CITY-OWNED
PROPERTY LOCATED AT 31681 CAMINO CAPISTRANO {PORTIONS
OF APNs: 124-181-02 and 124-181-03) 15 CONSISTENT WITH THE
CITY'S GENERAL PLAN AND FINDING THAT SAID ACTION 15 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, on October 18, 2016, the City Council entered into an Exclusive
Negotiation Agreement ("ENA") for potential future development and disposition of the
subject property; and
WHEREAS, the underlying purpose of the sale of the City-owned property is to
allow for continuation of landscaping improvements and outdoor dining amenities
associated with existing private property located 31721 Camino Capistrano (Heritage
BBQ/CapoBrew establishment); 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.
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 property sale involves the
sale of surplus government property, and the sale of surplus government property is
exempt from environmental review under the California Environmental Quality Action
pursuant to a Class 12 categorical exemption. Specifically, the government property is
not located in an area of statewide, regional or areawide concern as defined in State
CEQA Guidelines, section 15206(b )(4 ). The Property is not located in any of the following:
the Lake Tahoe Basin, the Santa Monica Mountains Zone, the California Coastal Zone,
an area within¼ mile of a wild and scenic river, the Sacramento-San Joaquin Delta, the
Suisun Marsh, or the jurisdiction of the San Francisco Bay Conservation and
Development Commission.
Further, none of the exceptions to the categorical exemptions in State CEQA
Guidelines, section 15300.2 applies. Specifically, the proposed project would not result
in a cumulative impact of successive projects of this same type in the same place. The
City can only sell this property once. Moreover, the City's disposal of this surplus land
does not involve a reasonable possibility that the sale will have a significant effect on the
environment due to unusual circumstances. There is nothing unusual about the disposal
of surplus land that would lead to an environmental effect. The Property is not located
within or adjacent to a highway officially designated as a state scenic highway. Thus, the
sale of the property would not result in damage to scenic resources within such a
designated highway. The Property is not on the Cortese list compiled pursuant to
Government Code section 65962.5. The Property is not a historical resource and thus the
sale of it would not impact such a resource. Thus, none of the exceptions to the
categorical exemptions applies. The property sale is exempt from environmental review
and no further environmental documentation is required by the California Environmental
Quality Act.
As a separate and fully independent justification, the property sale is categorically
exempt from CEQA review pursuant to a Class 1 categorical exemption for existing
facilities. The City-owned property is proposed to be sold for continuation of existing
uses. There will be no change in the existing use of the site. None of the exceptions to
the categorical exemptions in State CEQA Guidelines, section 15300.2 applies for the
same reasons articulated immediately above.
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 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.
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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Ta iVVilhelm, Chairwoman
Joel
Seer