Resolution Number 23-06-20-011 6/20/2023
RESOLUTION NO. 23-06-20-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING 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) (the “Property”), 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, is the owner of the real property located at 31654 Rancho
Viejo Road (APN 666-261-14); 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
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
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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, the Planning Commission on May 24, 2023, adopted
Resolution 23-05-24-02 recommending City Council conditional approval of Tentative
Parcel Map 22-001; and
WHEREAS, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15051 of the CEQA Guidelines that the
Project is categorically exempt from further review under Section 15315, Minor Land
Divisions (Class 15), as set forth in more detail above, and has considered all Project
environmental documentation; and,
WHEREAS, on June 20, 2023, the City Council held a duly noticed public
hearing on the Project, considered all public testimony and all documents and evidence
submitted, including but not limited to the staff report and attachments and materials
submitted by the Applicant, and thereafter deliberated; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby 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.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
does hereby make 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
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
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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 City Council
of the City of San Juan Capistrano hereby approves 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby directs staff to prepare, execute, and file a
Notice of Exemption with the County Clerk and with the Office of Planning and Research
within five (5) working days of the City Council’s adoption of this Resolution.
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 City Clerk is the custodian of records for the record of
proceedings.
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 20th day of June 2023.
______________________________________
HOWARD HART, MAYOR
ATTEST:
_____________________________
MARIA MORRIS, CITY CLERK
5 6/20/2023
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 23-06-20-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
20th day of June 2023, by the following vote:
AYES: COUNCIL MEMBERS: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: Bourne
ABSENT: COUNCIL MEMBERS: None
____________________________
MARIA MORRIS, CITY CLERK
CC RESOLUTION NO. 23-06-20-01
EXHIBIT A
CONDITIONS OF APPROVAL
Project #: Tentative Parcel Map (TPM) 22-001
Project Name: Ortega Village Commercial Center
These conditions of approval apply to the above-referenced project application described
in more detail below. For the purpose of these conditions, the term “applicant” shall also
mean the developer, the owner or any successor(s) in interest to the terms of this
approval. These conditions are organized by chronological order in the development
process as well as responsible City Department. The responsible department is noted in
parenthesis after each condition.
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 subdivision is being pursued for financial purposes and there are no
physical improvements proposed on the newly created parcels.
General Conditions:
___ 1. This approval is granted 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 is based on the application materials submitted by Ryan Waufle
of Pasco Laret Suiter & Associates, Applicant, on February 27, 2023. These
plans and the proposed use of the site are approved as submitted and
conditioned herein and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this approval
which are determined by the Development Services Director to be in substantial
conformance with the approved plans and which do not intensify or change the
use or require any deviations from City Code may be approved by the
Development Services Director upon submittal of an application and the
required fee.
___ 2. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of San Juan Capistrano concerning this project,
including but not limited to any approval or condition of approval of the City
Council, Planning Commission, or Development Services Director. The City
CC Resolution 22-06-20-01 Conditions of Approval
Tentative Parcel Map (TPM) 22-001
Ortega Village Commercial Center
Date: June 20, 2023
Page 2 of 3
shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and the City shall cooperate fully in the defense of the matter. The
applicant shall select counsel reasonably acceptable to the City of San Juan
Capistrano. Counsel to applicant’s insurance carrier that is providing coverage
for a Claim shall be deemed reasonably satisfactory, except in the event of a
potential or actual conflict of interest for such counsel regarding such
representation or such counsel proves to be incompetent regarding such
representation. Even though the applicant shall defend the Claim, the City may,
at City’s option and expense, engage separate counsel to advise it regarding
the Claim and its defense. The City’s separate counsel may attend all
proceedings and meetings. The applicants counsel shall reasonably cooperate
with the City’s separate counsel.
___ 3. Compliance with Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County or City regulations or requirements.
___ 4. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
___ 5. Applicant Responsibilities. The applicant shall be responsible for informing all
subcontractors, consultants, engineers, or other business entities providing
services related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business license
be obtained by all entities doing business in the City.
___ 6. Discrepancy Clause. In the event that exhibits, and written conditions are
inconsistent, the written conditions shall prevail. If there are any disparities
between these conditions and the plans or final revised plans that are approved
for any subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
___ 7. Fees. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP:
___ 8. Easements/ Final Map. All easements for storm drain, utilities, reciprocal and
emergency access shall be shown on the map prior to approval of the Final
Map. The Final Map shall be prepared and submitted in full compliance with the
CC Resolution 22-06-20-01 Conditions of Approval
Tentative Parcel Map (TPM) 22-001
Ortega Village Commercial Center
Date: June 20, 2023
Page 3 of 3
State of California Subdivision Map Act and the City of San Juan Capistrano
Municipal Code, except as authorized by the City Council and/or Planning
Commission. (PW&SMWD)
___ 9. Detail, and grant to the Santa Margarita Water District, the new water and sewer
easements on the Final Parcel Map, as shown on Sheet 3 of the Tentative
Parcel Map. (SMWD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDATION
OF ANY FINAL MAP:
___ 10. Prior to recordation of Final Map, the applicant shall submit a copy of the parking
and access agreements required by TPM 2019-135 to the Development
Services Department for review and approval. Any future amendment of said
parking and access agreements shall be submitted to the Development
Services Director for review and approval.
THE FOLLOWING CONDITION SHALL BE IN PERPETUITY:
___ 11. Property Maintenance. The property owner of each parcel shall maintain the
property in good condition, including but not limited to maintaining the
landscaping and the drainage on each parcel.
Responsible Departments/Agencies: PW: Public Works Department
SMWD: Santa Margarita Water District
Applicant Acceptance of Conditions of Approval:
_____________________________________ Date: _________________
Signature-Authorized Representative
Print Name & Title: _____________________________________________________