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PC Resolution-21-10-27-01RESOLUTION NO. 21-10-27 -01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING GENERAL PLAN CONFORMITY PURSUANT TO THE REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 65402 REGARDING THE CITY'S DISPOSITION OF ITS REAL PROPERTY NECESSARY FOR THE OPERATION OF THE PUBLIC WATER AND WASTEWATER SYSTEMS TO EFFECTUATE THE ANNEXATION OF THE WATER AND WASTEWATER SYSTEMS BY THE SANTA MARGARITA WATER DISTRICT WHEREAS, the City of San Juan Capistrano ("City") currently owns in fee certain portions of real properties in the City of San Juan Capistrano that are used exclusively for, and are required for, the operation and maintenance of the City's public water and wastewater systems (together, the "Utilities Systems"); and WHEREAS, the City intends to transfer the Utilities Systems and associated real properties required for the operation of the Utilities System ("Properties") to the Santa Margarita Water District ("SMWD") on or after November 15, 2021, pursuant to the annexation of the Utilities Systems by SMWD; and WHEREAS, on January 21, 2020, the City entered into an annexation agreement with SMWD for the above-mentioned transfer and annexation of the Utilities Systems to SMWD ("Annexation Agreement"). The Annexation Agreement requires that the City transfer its rights, title, and interest in and to real property related to the Utilities Systems to SMWD; and WHEREAS, on August 19, 2021, the Orange County Local Agency Formation Commission adopted Resolution DA 20-01 ("LAFCO Resolution") approving the above- mentioned transfer and annexation of the Utilities System to SMWD. The LAFCO Resolution requires that all the real property held by the City or by the former Capistrano Valley Water District, and used in connection with the operation of the Utilities Systems, shall be transferred to SMWD; and WHEREAS, the City and SMWD will be entering into a Bill of Sale, Assumption, and Assignment Agreement that provides for the transfer of the Properties to SMWD, pursuant to the Annexation Agreement and the LAFCO Resolution; and WHEREAS, upon and after such transfer and annexation to SMWD, SMWD will continue to use the Properties in the same manner that the Properties are presently used to operate and maintain the Systems as the City's water and wastewater purveyor; and WHEREAS, California law allows the City to dispose of property if doing so furthers the common benefit, health, safety, and general welfare of its citizens, and provided the disposition is in conformance with the City's adopted General Plan; and WHEREAS, pursuant to Government Code Section 65402, the Planning Commission has hereby considered whether the City's disposition of the Properties necessary for the operation of the Utilities System is in conformance with the City's PC Resolution 21-10-27-01 2 October 27, 2021 adopted General Plan, and based on staff presentations and reports, and other evidence presented to and considered by the Planning Commission during the meeting on this matter, the Planning Commission finds as follows:  The proposed disposition of the Properties pursuant to the LAFCO Resolution and Annexation Agreement would conform with and further General Plan goals and policies by allowing the City’s new water and wastewater purveyor, SMWD, to continue to operate and maintain the Utilities Systems that provide utility services needed by the residents, businesses, and institutions within the City. All Properties continue to be used consistent with the use contemplated in the General Plan because there will be no change in use, and they will still be used for the operation of the Utilities Systems. WHEREAS, this matter is not considered a “project” pursuant to the requirements of the California Environmental Quality Act (“CEQA”); and further this matter is exempt from additional review under CEQA because the activity to be undertaken qualifies under various exemptions to CEQA. Those exemptions include the Class 19 Categorical Exemption (State CEQA Guidelines Section 15319(a)) because the proposed disposition of Properties pursuant to the Annexation Agreement and LAFCO Resolution is to facilitate the annexation of existing City-owned and operated Utility Systems infrastructure into the boundaries, and operations, of SMWD and the Class 20 Categorical Exemption (State CEQA Guidelines Section 15320) because the annexation constitutes a change in organization of the Utility Systems rather than the development of new or additional utility systems. 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. SECTION 2. Pursuant to Government Code Section 65402(a), the Planning Commission finds that the City’s disposition of the Properties to SMWD, pursuant to the LAFCO Resolution and the Annexation Agreement, conforms to the City of San Juan Capistrano General Plan. SECTION 3. This Planning Commission Resolution shall be submitted to the City Council as evidence of the Planning Commission’s determination in this regard in connection with the City Council’s consideration thereof. PC Resolution 21-10-27-01 3 October 27. 2021 PASSED, APPROVED AND ADOPTED by the San Juan Capistrano Planning Commission on this 27th day of October 2021 .