PC Resolution-22-11-09-06PC RESOLUTION NO. 22-11-09-06
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE CONVEYANCE OF A PORTION OF
PUBLIC PROPERTY FROM THE CITY OF SAN JUAN CAPISTRANO VIA QUITCLAIM
DEED OF APPROXIMATELY 3,580 SQUARE FEET GENERALLY LOCATED ON THE
SOUTHWEST BORDER OF TRACT NO.18148 FOR GROUNDWATER WELL
PURPOSES TO THE SANTA MARGARITA WATER DISTRICT (WELL SITE) 15
CONSISTENT WITH THE CITY'S GENERAL PLAN AND THE CERTIFIED EIR FOR
THE TIRADOR PROJECT THUS NO FURTHER CEQA REVIEW 15 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 along the southwest border of the Development; and
WHEREAS, the City seeks to grant the City Parcel via quitclaim deed to Santa
Margarita Water District (SMWD) for groundwater well 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 conveyance
of the City Parcel to SMWD conforms with the General Plan; and
WHEREAS, on July 21, 2020, the City Council adopted a Resolution certifying the
Final Enviro nmental Impact Report (SCH# 2019110154) ("EIR") for the Tirador
Residential Development Project; and
WHEREAS, the proposed conveyance of a parcel 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 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
desires to make a finding of General Plan conformance based upon substantial evidence;
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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 the conveyance of a parcel via quitclaim deed from the City to
SMWD for groundwater well purposes is not subject to further environmental revi.ew
pursuant to State CEQA Guidelines, Section 15162 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 conveyance of a parcel via quitclaim deed from the City to SMWD for
groundwater well purposes 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 proposed 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 project 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
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be feasible and would substantially reduce one or more significant effects, but the
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 conveyance of a parcel via quitclaim deed from the City to SMWD for groundwater
well purposes.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the conveyance of the City Parcel to the SMWD conforms to the
City of San Juan Capistrano General Plan, based on the following findings:
A. The conveyance of the City Parcel via quitclaim deed from the City to
SMWD for groundwater well 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 conveyance of
the City 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, 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.
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