PC Resolution-22-11-09-03PC RESOLUTION NO. 22-11-09-03
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE ACQUISITION OF A PARCEL
FROM THE COUNTY OF ORANGE VIA QUITCLAIM DEED OF APPROXIMATELY 881
SQUARE FEET (FACILITY NO. X2, PARCEL NO. 150), GENERALLY LOCATED ON
THE NORTHWEST CORNER OF THE AVENIDA LA PATA AND STALLION RIDGE
INTERSECTION FOR PUBLIC SIDEWALK AND RIGHT OF WAY TO THE CITY OF
SAN JUAN CAPISTRANO IS CONSISTENT WITH THE CITY'S GENERAL PLAN AND
FINDING SAID ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTION 15060(b)(3)
WHEREAS, the County of Orange ("County") currently owns in fee an
approximately 881 square foot parcel located at northwest corner of the Avenida La Pata
and Stallion Ridge intersection (Facility NO. X2, Parcel NO. 150) ("the County Parcel");
and
WHEREAS, the County seeks to convey the County Parcel to the City of San Juan
Capistrano ("City") for use as a sidewalk to accommodate pedestrian access at the
northwest corner of the Avenida La Pata and Stallion Ridge intersection; and
WHEREAS, the City has the ability to acquire, dispose of, vacate or abandon real
property in conformance with its General Plan; and
WHEREAS, pursuant to Government Code Section 65402, the Planning
Commission of the City of San Juan Capistrano must make a finding that the acquisition
of the County Parcel 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, 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 as findings of the Planning Commission.
SECTION 2. The Planning Commission finds that acquisition of the County Parcel
by the City is exempt from further review under the California Environmental Quality Act
(CEQA) per State CEQA Guidelines Section 15061 (b)(3). The Resolution qualifies for the
commonsense exemption under State CEQA Guidelines, section 15060(b)(3), because
it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment. Specifically, the adoption of the proposed
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PC Resolution 22-11-09-03 November 9 2022
Resolution will result in a change in title of ownership of the County Parcel and therefore
will not have a significant effect on the environment and is exempt from CEQA. The
County Parcel is already improved with a sidewalk and there would be no change in use
of the land as a result of the change in ownership.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the acquisition of the County Parcel by the City of San Juan
Capistrano conforms to the City of San Juan Capistrano General Plan, based on the
following findings:
A. The conveyance of the County Parcel for the Avenida La Pata and Stallion
Ridge intersection 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.
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 acquisition
of the County Parcel 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 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. This approval is valid for a period of 12 months from the effective
date of approval of this Resolution, and it expires on November 9, 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 by the San Juan Capistrano Planning
Commission on this 9th day of November 2022.
~~-~ T miVVilhelm, Chairwoman
Joel Services Director &
Planni retary
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