PC Resolution-23-05-24-02PC RESOLUTION NO. 23-05-24-02
TENTATIVE PARCEL MAP (TPM) 22-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF
TENTATIVE PARCEL MAP (TPM) 22-001, TO ALLOW THE SUBDIVISION OF
PARCEL 16 OF PARCEL MAP 79-856, A 6.27-ACRE PARCEL, ADDRESSED AS
31654 RANCHO VIEJO ROAD (APN 666-261-14), INTO THREE PARCELS: 3.72-
ACRE PARCEL 1; 2.19-ACRE PARCEL 2; AND .36-ACRE PARCEL 3, AND FINDING
THAT SAID ACTION IS EXEMPT FROM CEQA REVIEW PURSUANT TO STATE
CEQA GUIDELINES SECTION 15315. (APPLICANT: RYAN WAUFLE, PASCO LARET
SUITER & ASSOCIATES)
WHEREAS, Ryan Waufle, Pasco Laret Suiter & Associates, 27127 Calle
Arroyo, #1904, San Juan Capistrano, CA 92675 (the "Applicant"), has requested approval
of Tentative Parcel Map (TPM) 22-001, a request to allow the subdivision of Parcel 16 of
Parcel Map 79-856, a 6.27-acre parcel, addressed as 31654 Rancho Viejo Road (APN
666-261-14 ), into three parcels: 3. 72-acre Parcel 1; 2.19-acre Parcel 2; and .36-acre
Parcel 3 (the "Project"). The subdivision is being pursued for financial purposes and there
are no physical improvements proposed on the newly created parcels; and
WHEREAS, the Property, generally located on the south side of Ortega
Highway between Rancho Viejo Road and La Novia Avenue, within an existing
commercial center known as the Ortega Village Center, has a General Plan Land Use
Designation of Neighborhood Commercial and a Zoning Designation of Planned
Community, governed by Comprehensive Development Plan (CDP) 78-01; and
WHEREAS, Ortega Village Retail, LLC, 31654 Rancho Viejo Road, San
Juan Capistrano, CA 92675, are the owners of the real property located at 31654 Rancho
Viejo Road (APN 666-261-14) (the "Property"); and
WHEREAS , the proposed Project at the Property has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and
WHEREAS, the City's Environmental Administrator has reviewed the
Project and recommends that the Planning Commission find that the Project is
categorically exempt from further review under the California Environmental Quality Act
Guidelines 14 California Code of Regulations Section 15315, Minor Land Divisions (Class
15). Here, the entire Project is exempt per Section 15315 because the Project is a division
of commercially zoned property into four or fewer parcels, the subdivision is in
conformance with the City of San Juan Capistrano General Plan and zoning code, no
variances or exceptions are required, all required services and access to the parcel are
available, the parcel was not involved in a division of a larger parcel within the previous 2
years, and the parcel does not have an average slope greater than 20 percent. Lastly,
none of the exceptions to the use of categorical exemptions identified in State CEQA
Guidelines section 15300.2 apply. The project site is not located in a particularly sensitive
PC Resolution 23-05-24-02 2 May 24, 2023
environment, there is no potential for cumulative impacts from successive projects in the
same location, there are no unusual circumstances, the project is not located within an
officially designated scenic highway, there is no record of hazardous waste on the
property, and the project has no potential to impact historic resources. If the Project
receives final approval, a Notice of Exemption would be filed with the County Recorder's
Office within 5 days of such approval; and
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on May 24, 2023, pursuant to San Juan Capistrano Municipal Code Section 9-
2.302. The Planning Commission has considered all public testimony on the proposed
Project and all relevant public comments and all documents and evidence submitted,
including but not limited to the staff report, attachments, and materials submitted by the
Applicant; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby recommend that the City Council find the
Project exempt from CEQA pursuant to Section 15315, Class 15 (Minor Land Division).
The Project involves the division of commercial property into four or fewer parcels and is
in conformance with the City of San Juan Capistrano General Plan and Land Use Code.
No variances or exceptions are required, all required services and access to the parcel
are available, the parcel was not involved in a division of a larger parcel within the
previous 2 years, and the parcel does not have an average slope greater than 20 percent.
Further, none of the exceptions to the use of categorical exemptions identified in State
CEQA Guidelines section 15300.2 apply.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval based upon the following findings pursuant to Municipal Code Section 9-4.223
(a) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Tentative
Parcel Map (TPM) 22-001, subject to the conditions of approval identified in Exhibit A
attached to this Resolution and incorporated herein by reference:
1. The proposed map is consistent with the General Plan and the Ortega Planned
Community Comprehensive Development Plan (CDP 78-01 ). The proposed
Tentative Parcel Map would not change the existing General Plan Land Use
Designation for the newly created parcels; furthermore, the newly created parcels
would comply with the minimum lot size requirement stipulated within CDP 78-01.
2. The design or improvement of the proposed subdivision is consistent with the
General Plan and the Ortega Planned Community Comprehensive Development
PC Resolution 23-05-24-02 3 May 24, 2023
Plan (CDP 78-01) because the proposed Tentative Parcel Map is for financing
purposes and does not have a related project or proposed improvements;
furthermore, the newly created parcels would comply with the minimum lot size
requirement stipulated with CDP 78-01.
3. The site is physically suitable for the type of development because the proposed
Tentative Parcel Map is for financing purposes and does not have a related project
or proposed improvements. Furthermore, the site was previously developed, and
the physical suitability of the site was determined to be achieved.
4. The site is physically suitable for the proposed density of development because
the proposed Tentative Parcel Map is for financing purposes and does not have a
related project or proposed improvements, nor an increase to the existing density.
Furthermore, the site was previously developed and the physical suitability of the
existing density for the site was determined to be achieved.
5. The design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat because
the proposed Tentative Parcel Map is not located within or adjacent to an area that
contains wildlife or habitat. Further, the proposed Tentative Parcel Map is for
financing purposes and does not have a related project or proposed
improvements; therefore, compliance with this finding is achieved due to the fact
that the Tentative Parcel Map does not have an associated project or any
additional proposed improvements to the property resulting in substantial
environmental damage or substantially that would avoidably injure fish or wildlife
or their habitat.
6. The design of the subdivision or the type of improvements would not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision because the proposed Tentative Parcel Map is for
financing purposes and does not have a related project or proposed
improvements; therefore, compliance with this finding is achieved due to the fact
that the Tentative Parcel Map does not have a related project, thus the proposed
action will not cause conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council
approval of Tentative Parcel Map (TPM) 22-001, subject to those conditions of approval
as established by Exhibit A, which is attached hereto and incorporated herein by
reference.
CUSTODIAN OF RECORDS: 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.
PC Resolution 23-05-24-02 4 May 24, 2023
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 24th day of May, 2023.
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Joel ent Services
Direct