PC Resolution-22-11-09-05PC RESOLUTION NO. 22-11-09-05
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE DEDICATION OF AN EASEMENT
WITHIN PUBLIC PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
BORDER OF TRACT NO.18148 FROM THE CITY OF SAN JUAN CAPISTRANO TO
SANTA MARGARITA WATER DISTRICT FOR PUBLIC WATER LINE PURPOSES IS
CONSISTENT WITH THE CITY'S GENERAL PLAN AND THE CERTIFIED EIR FOR
THE TIRADOR PROJECT THUS NO FURTHER CEQA REVIEW IS REQUIRED
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166
WHEREAS, the City of San Juan Capistrano ("City") currently owns in fee an
approximately 0.8 acre parcel located along the southwest border of Tract No.18148,
referred to as the Petra Avelina Development, located at 2700 Calle Arroyo
("Development"); and
WHEREAS, the City Parcel which is partially used for an existing groundwater well
site while the remainder is intended to be used as recreation, landscape, and public
access area to accommodate pedestrian access along the southwest border of the
Development; and
WHEREAS, of the City seeks to grant an easement over the property as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement"),
to Santa Margarita Water District (SMWD) for public water line purposes; 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 grant of the
Easement conforms with the General Plan; and
WHEREAS, on July 21, 2020, the City Council adopted a Resolution certifying the
Final Environmental Impact Report (SCH# 2019110154) ("EIR") for the Tirador
Residential Development Project; and
WHEREAS, the proposed dedication of easement is consistent with the Tirador
Residential Development Project described and evaluated in the previously certified EIR;
and
WHEREAS, the proposed action is a contemplated future action; and
WHEREAS, in accordance with CEQA, the City analyzed all potential
environmental effects associated with the proposed action and determined that none of
the conditions described in Public Resources Code section 21166 or State CEQA
Guidelines section 15162 or have occurred; 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
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PC Resolution 22-11-09-05 November 9, 2022
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. Based on the substantial evidence set forth in the administrative
record, including but not limited to the previously certified EIR for the Tirador Residential
Development Project (State Clearinghouse Number 2019110154 ), the Planning
Commission finds that further environmental review pursuant to Public Resources Code,
Section 21166 and State CEQA Guidelines, Section 15162 is not required based on the
following findings of fact:
A. On July 21,2020, the City Council certified an Environmental Impact Report
(EIR) for the Tirador Residential Development Project.
B. The proposed action is consistent with the goals, policies, and objectives of
the General Plan, and
C. None of the conditions requiring subsequent environmental review called
out in State CEQA Guidelines, section 15162 are present. Specifically,
1. No substantial changes are not proposed in the project that would require
major revisions of the EIR due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects; and
2. No substantial changes have occurred with respect to the circumstances
under which the a is undertaken that would require major revisions to the EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of the previously identified significant effects; and
3. New information of substantial importance that was not known and could
not have been known with the exercise of reasonable diligence at the time the EIR was
certified or adopted, as applicable, showing any of the following, has not come to light: (i)
that the project would have one or more significant effects not discussed in the earlier
environmental documentation; (ii) that significant effects previously examined would be
substantially more severe than shown in the earlier environmental documentation; (iii)
that mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects, but the
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PC Resolution 22-11-09-05 November 9, 2022
applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives
considerably different from those previously analyzed would substantially reduce one or
more significant effects on the environment, but which the applicant declined to adopt.
D. Based on these findings and all evidence in the record, the Planning
Commission finds that no additional environmental review is required in connection with
the dedication of an easement within public property from the City to SMWD for public
water line purposes.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the conveyance of the Easement from the City of San Juan
Capistrano conforms to the City of San Juan Capistrano General Plan, based on the
following findings:
A. The dedication of the Easement within public property from the City to
SMWD for public water line purposes 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 grant of the
Easement 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, 2022. 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. "'-
~ · /4,)JtL miWilhelm, Chairwoman
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PC Resolution 22 -11-09-05 November 9, 2022
Joe ervices Director &
Pia retary
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PC Resolution 22-11-09-05
Exhibit "A"
Easement Area
[INSERT]
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November 9, 2022
4849-6082-5077, v. 1
61147.00310\35020966.I
EXHIBIT A
PROPERTY DESCRIPTION
A-1
EXHIBIT A-
LANDSCAPE MAINTENANCE AGREEMENT
EXHIBIT A SHEET 1 OF 2 SHEETS
LEGAL DESCRIPTION
IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL 1:
BEING A PORTION OF THE LAND DESCRIBED IN A QUITCLAIM DOCUMENT TO THE CITY OF SAN JUAN CAPISTRANO
RECORDED 11/15/2002 AS DOC. NO. 2002001029021, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF LOT 31 , TRACT NO. 103 PER R/S 224133-34, ALSO BEING THE
MOST EASTERLY CORNER OF SAID DOC. NO. 2002001029021, ALL RECORDS OF SAID COUNTY AND STATE;
THENCE NORTH 88°17'29" WEST, 129.83 FEET;
THENCE SOUTH 48°39'36" WEST, 23.31 FEET;
THENCE NORTH 41°20'24" WEST, 15.50 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, SAID CURVE
HAS A RADIUS OF 2.50 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC DISTANCE OF 3.93
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 48°39'36" WEST, 64.59 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, SAID CURVE
HAS A RADIUS OF 2.50 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC DISTANCE OF 3.93
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 41°20'24" EAST, 15.50 FEET;
THENCE SOUTH 48°39'36" WEST, 77.02 FEET;
THENCE SOUTH 1°42'31" WEST, 8.24 FEET TO THE TRUE POINT OF BEGINNING;
THENCE S 74° 17' 53" E 8.65 FEET;
THENCE, N 60° 42' 07" E 79.69 FEET;
THENCE ALONG SAID SOUTHWESTERLY LINE, S 41 ° 20' 24" E 20.45 FEET;
THENCE, S 60° 42' 07'' W 92.24 FEET;
FILE NO.
XLD-005
EXHIBIT A-
LANDSCAPE MAINTENANCE AGREEMENT
EXHIBIT A SHECT 2 OF 2 SHECTS
LEGAL DESCRIPTION
THENCE, N 74° 17' 53" W 11.95 FEET, TO THE WESTERLY LINE OF SAID DOC. NO. 2002001029021;
THENCE, N 01° 42' 31" E 20.61 FEET TO THE TRUE POINT OF BEGINNING;
SAID EASEMENT CONTAINS AN AREA OF 1,925 SQUARE FEET, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT 8, ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO
COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS,
AND OTHER MATTERS OF RECORD, IF ANY.
FILE NO.
XLD-005
~a;., 09/25/2022
GERALD R. ANDERSON L.S. 4400 '" DATE
EXPIRES: 09/30/2023
EXHIBIT A-
LANDSCAPE MAINTENANCE AGREEMENT
SCALE 1 "=60' EXHIBIT B SHEET 1 OF 1 SHEETS
X
PLAT TO ACCOMPANY LEGAL DESCRIPTION
P.O.C.
T.P.O.B.
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
") ,i)
(,v ":le:,\
<l ' ~<?;-~.
t.=90'00'00"
R=2.50'
L=3.93'
ll=90"00'00"
R=2.50'
L=3.93'
N41"20'24"
15.5
N1°42'31 "E
8.24'
T.P.O.8.
L3
X INGINDRINO a CIONIUL11HCI, INC.
6 Hultof1 Cantre em., Sulta 650
Santa Ana. Olllfomle '¥l707
/
9'9.522.7100 I~ XLD-005
TRACT NO. 18148
M.M. 1000/8-21
129.83'
OPEN SPACE
LOT A
P.O.C.
I
I I
I I
L-_J
/
/
/
EASTERLY CORNER LOT 31 ,
TRACT NO. 103 PER
R/S 224133-34
DOC. NO. 2002001029021 O.R.
LINE TABLE
LINE# BEARING DISTANCE
Ll S74"17'53"E 8.65'
L2 N60"42'07"E 79.69'
L3 N1"42'31 "E 20.61'
~(2: 09/25/2022
GERALD R. ANDERSON L.S. 4400 '-DATE
EXPIRES: 09/30/2023