PC Resolution-23-11-08-04PC RESOLUTION NO. 23-11-08-04
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA FINDING THAT THE DEDICATION OF EASEMENTS
WITHIN PUBLIC PROPERTY GENERALLY LOCATED AT 32400 PASEO ADELANTO
(APN 668-101-23) FROM JAMBOREE HOUSING CORPORATION TO THE CITY OF
SAN JUAN CAPISTRANO FOR PUBLIC SEWER LINE PURPOSES IS CONSISTENT
WITH THE CITY'S GENERAL PLAN AND FINDING SAID ACTION EXEMPT FROM
CEQA PURSUANT TO GOVERNMENT CODE SECTION 65583.2(h) AND (i)
WHEREAS, the City of San Juan Capistrano ("City") currently owns in fee an
approximately 3.69 acre parcel located at 32400 Paseo Adelanto (APN 668-101-23),
referred to as the New City Hall Site ("NCH"); and
WHEREAS, the City seeks to acquire an easement over the property as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference (the
"Easements"), from Jamboree Housing Corporation ("Jamboree") for public sewer line
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 grant of the
Easement conforms with the General Plan; and
WHEREAS, the proposed action is a contemplated future action related to the
Disposition and Development Agreement between the City and Jamboree, which was
approved on July 19, 2022; and
WHEREAS, in accordance with CEQA, the City has determined that the project is
statutorily exempt from further review pursuant to Government Code section 65583.2(h)
and (i); and,
WHEREAS, after a duly noticed public meeting held on the 8th day of November,
2023, 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 ..
This project has been reviewed in accordance with the California Environmental Quality
Act. The Planning Commission hereby finds and determines that this General Plan
Conformity determination is a necessary implementing action of the project that was
contemplated in the Disposition and Development Agreement between the City and
Jamboree, which was approved on July 19, 2022. As such, this General Plan Conformity
determination is statutorily exempt from environmental review pursuant to Government
Code section 65583.2(h) and (i), which applies when sites are re-zoned to accommodate
the Regional Housing Needs Assessment allocation for low and very low income housing,
and results in the future approval for multifamily rental projects on those sites to be
considered a "use by right," which is defined to mean that the review shall not include
approval that would constitute a "project" for purposes of CEQA.
On May 6, 2016, the City adopted Resolution No. 17-05-03-01, which approved a General
Plan Amendment to amend the City's Housing Element. That resolution amending the
Housing Element identified the City Hall site as a site that would be zoned for low and
very-low income affordable housing. On May 17, 2016, the City adopted Ordinance No.
1032 to rezone the property to Very High Density to accommodate the City's RHNA
allocation. This rezoning ensured that the City's inventory of housing sites in its Housing
Element could accommodate all of the low and very low income RHNA assigned to the
City. Because the project site was rezoned to accommodate the City's RHNA allocation,
it would come under the provisions of Government Code Section 65583.2(i) and be
considered a "use by right" that would not trigger CEQA review because it is not a "project"
as that term is defined under CEQA.
In conclusion, because the project site was identified in the City's Housing Element
inventory of sites suitable for lower income housing, and was subsequently rezoned after
the City adopted the Housing Element under a program to accommodate lower income
housing, it should be considered a "use by right" site, and any City approvals to implement
the project, including easements for the purposes of utility service and access, would not
be considered a "project" for purposes of CEQA compliance. The Planning Commission
hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of
Exemption within five (5) working days of the approval of this Resolution.
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 dedication of the easements within private property from Jamboree to the City for
public sewer line purposes.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the conveyance of the Easements from 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 private property from Jamboree to
the City for public sewer line purposes would conform with and further General Plan goals
2
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 the grant of the
Easement 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 23, 2023. This approval is valid for a period of 12 months from the
effective date of approval of this Resolution, and it expires on November 8, 2024, 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 8th day of November 20~ ~&
Ma affney, Chairman
Joel
Plan
3
s Director &
ary
Exhibit "A"
Easement Area
4
EXHIBIT "A"
CITY OF SAN JUAN CAPISTRANO SEWER EASEMENT
OVER PROPOSED JAMBOREE PARCEL
P.O.C.
NW CORNER OF
PARCEL 2 OF R/S NO.
2021-1079, RSB 324/37
LINE DATA
u so1·11·12''E 20.00·
L2 so2·03'/8"W 27.30'
L3 S87"56'42"E 9.21'
L4 so2·03'18"W 66.16'
LS S87"56'42"E 4.50'
LB S02'03'18"W 10.67'
L7 S87"56'42"E 18. 75'
LB so2·03'/8"W 60.76'
L9 S87"56'42"E 7.18'
L 10 ss2·s9•os"E SB.21·
LIi S07"00'55"W 36.39'
L12 S8T02'28''E 101.80'
L13 S5276'54"E 24.80'
IC)~ i l I
II ~ ~ I PARCEL~~ 88-227 1' PARCEL 5 I ~ Cj / JP.MB 2S8147-48 PARCEL MAP NO. 88-227 / I ~ I I P.MJJ. 2S8147-48 I
/ 50~ / / NORTH LINE OF PARCEL 2 / I /
OF R/S NO. 2021-1079 / J I ~ !dN~85~'~?}'18~"£~15~0-!!::!6]'..,_;'--~-r:--~--:-~~~~~;;---+----/ 'I< NW CORNER OF PROPOSED o· l
JAMBOREE PARCEL 25'/ 25L
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JP.MBOREE PARCEL
PARCEL 2 OF ~ Rl!C()R1J OF SURVEY NO.
JD21-1.0'l!), -.J RS.B. 12.4 / 37
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SOUTHERLY LINE OF PROPOSED
JAMBOREE PARCEL ,---,
7 F~ RFJMINlNG I crrJ HAIL PARCEL I I
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RSA 324 / 37
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V/ ///A IND/CA TES LIMITS OF 20' WIDE -~-//_/ /_/ /_// __ A EASEMENT OED/CA TED HEREON
77-f/S EXHIBIT WAS PREPARED UNDER MY SUPERVISION:
1251 Pomona Road, Ste. 101
Corona, CA 92882
/7l t/J/~ ~ t ( t' If o/ /t./' SEPT. 12. 2023
MICHAEL NA VARRO, t!.S. 7848
Ph: (951) 340-0556 LICENSE EXPIRES 12/31/2024
SHEET 1 OF 1
SCALE: 1''=100'