PC Resolution-22-11-09-08PC RESOLUTION NO. 22-11-09-08
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE DEDICATION OF EASEMENTS OF
20,246 SQURE FEET WITHIN PUBLIC PROPERTY GENERALLY LOCATED ON THE
NORTHERLY AND EASTERLY PROPERTY LINES OF CITY HALL PROPERTY (APN:
668-101-23) FROM THE CITY OF SAN JUAN CAPISTRANO TO SANTA MARGARITA
WATER DISTRICT FOR PUBLIC SEWER, WATER, AND ACCESS PURPOSES IS
CONSISTENT WITH THE CITY'S GENERAL PLAN AND FINDING SAID ACTION
EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION
15060(8)(3)
WHEREAS, the City of San Juan Capistrano ("City") currently owns in fee an
approximately 2,676 square foot parcel located at 32400 Paseo Adelanto, APN 668-101-
23 (the "City Parcel"), which is currently used for City Hall, as a maintenance yard for City
vehicles , and as storage facilities; and
WHEREAS, the Santa Margarita Water District (SMWD) seeks permanent
easements over the City Parcel as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference (the "Easements"), to provide public water and
sewer services; 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 dedication
of the Easements 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 the dedication of the Easements
to SMWD 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 common sense exemption under State CEQA Guidelines, section
1 of 3
PC Resolution 22-11-09-08 November 9, 2022
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 Resolution will result in only the mere dedication of Easements
and therefore will not have a significant effect on the environment and is exempt from
CEQA. The improvements on the Easement area are already in place and the grant of
easement will not change the use of the property. The Planning Commission directs staff
to prepare, execute and file a Notice of Exemption within five working days of the approval
of this Resolution.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that dedication of the Easements to SMWD by 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 Easements within public property from the City to
SMWD for sewer, water, and access purposes would conform with and further General
Plan goals and policies because the property will continue to be used consistent with the
Very High Density and Quasi-Industrial 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 Commissjon deliberation, provides substantial evidence for the
Planning Commission's finding of General Plan conformity with respect to the dedication
of the Easements 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 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 by the San Juan Capistrano Planning
Commission on this 9th day of November 2022.
~~he~
2 of 3
PC Resolution 22-11-09-08
Easement Areas
3 of 3
November 9, 2022
Services Director &
cretary
P.O.C.
NW CORNER OF
PARCEL 2
UN£ DATA
L1 N85"45'18"E
72.84'
•
10/28/2022
EXHIBIT "A".
SMWD WATER EASEMENT
N'LY LINE OF PARCEL 2
& N'L Y LINE OF FUTURE
JAMBOREE PARCEL
S. LINE OF
9318/861 O.R.
/ . . / . , /
T.P.0.8.
NW CORNER OF
FUTURE JAMBOREE
PARCEL
WEST LINE OF FUTURE
JAMBOREE PARCEL
lFV7I1I.7lRlE
.IAMllJOIEm!E
IP.AR.CEIL
SHEET 1 OF 3
EAST LINE OF PARCEL
2 AND FUTURE
JAMBOREE PARCEL
JPAR..CEJL 2
'JltJFJCORD OF SUR.VEY NO. 2[)21-1079
RS.B. 324J. / 37
,-----7
L ·' 7 lR1BMAJllVJlNG CIITY I I PAR.CEIL
I I
I I
I I
I I
I I I L _____ 7
I I
I I
I I
I I
I I
I I
LEGEND
1251 Pomona Rood, Ste. 101
Corona, CA 92882
PROPERTY LINE / FUllJRE PROPERTY LINE
Vw) INDICATES EASEMENT DEDICATED HEREON N
Ph: (951) 340-0556 SCALE: 1 • =80'
ATTACHMENT 2
P.0.C.
NW CORNER OF
PARCEL 2
LINE DATA
L1 N85"45'18"E
72.84'
L2 N02'04'30"E
20.00'
L3 N07"00'55"E
30.13' I L4 N88"14'16"W
92.36'
L5 N02"04'30"E
65.92'
L6 N32"08' 46"W
16.09' I L7 N02"04' 30"E
32.51'
LB N43'18' 42"E
19.72'
L9 N02"04'30"E § 73.47'
L10 N87"56' 42"W
25.00' I
10/28/2022
\
.EXHIBIT "A"
SMWD ACCESS EASEMENT OVER
FUTURE JAMBOREE PARCEL
N'L Y LINE OF PARCEL 2
& N'L Y LINE OF FUTURE
JAMBOREE PARCEL
l WEST LINE OF
FUTURE JAMBOREE
PARCEL
IFUll7lJlRI£
J!AMI/IDJEVEJE
IPAR<CJEL LB
I
I
SW CORNER OF FUTURE
JAMBOREE PARCEL
,-----7
Ll I
SOUTH LINE OF FUTURE
JAMBOREE PARCEL
I I
I ~G CJJTY
I / IPARCJE!l
I I
I I I L _____ 7
I I
I I
I I
I I
I I
I I
LEGEND
1251 Pomooa Rood, Ste. 101
Corona, CA 92882
Ph: (951) 340-0556
PROPERTY LINE / FUTURE PROPERTY LINE
()S,(51 INDICATES EASEMENT DEDICATED HEREON
SHEET 2 OF 3
N
SCALE: 1"=80'
P.O.C.
NW CORNER OF
PARCEL 2
UNE DATA
L1 N85'45'18"E
72.84'
10/28/2022
_EXHIBIT "A"_
SMWD SEWER EASEMENT
SHEET 3 OF 3
S. LINE OF
9318/861 O.R.
WEST LINE OF FUTURE
JAMBOREE PARCEL
N'L Y LINE OF PARCEL 2
& N'L Y LINE OF FUTURE
JAMBOREE PARCEL
N87"56'42"W 169.88'
,,_NW CORNER OF
FUTURE JAMBOREE
PARCEL
IPARCJEJL 2
FUifVlR?JE
J!AMIB())lfIBJB
IPAR.CJEJL
EAST LINE OF PARCEL
2 AND FUTURE
JAMBOREE PARCEL-~
IRIBCO!RD OF SURVEY NO. 2021-IllYJ9
RS.B. 3241 / 37
SOUTH LINE OF FUTURE
JAMBOREE PARCEL
,-----7
L JffJEMA.JINffNG <CllTY 7 ! IPARCEIL
I I
I I
I I
I I
I I I L _____ 7
l I
I I
I I
I I
J I
I I
I
25'
N
SCALE: 1•=80'
LEGEND
1251 P001000 Road, Ste. 101
Corooa, CA 92882
Ph: (951) 340-0556
INDICATE PROPERTY LINE / FUTURE PROPERTY LINE
INDICATES EASEMENT DEDICATED
HEREON