PC Resolution-24-03-13-01PC RESOLUTION NO. 24-03-13-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT ACCEPTANCE OF AN EASEMENT
FROM ST. MARGARET OF SCOTLAND EPISCOPAL SCHOOL (APN666-123-02) BY
THE CITY OF SAN JUAN CAPISTRANO FOR TRAFFIC SIGNAL INSTALLATION
PURPOSES IS CONSISTENT WITH THE CITY'S GENERAL PLAN AND FINDING
SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (EXISTING
FACILITIES)
WHEREAS, St. Margaret of Scotland Episcopal School ("SMES") currently owns,
in fee, an 0.00898 acre parcel located at southeast corner of La Navia Avenue and Calle
Arroyo (APN 668-101-23); and
WHEREAS, SMES has agreed to grant an easement, a copy of which is attached
hereto and incorporated herein as Exhibit "A"(the "Easement"), to City of San Juan
Capistrano ("City") for traffic signal installation 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 acceptance
of the Easement conforms with the General Plan; and
WHEREAS, on November 7, 2023, the City Council approved the plans and
specifications for both the installation of a new traffic signal at the intersection of La Navia
Avenue and Calle Arroyo and the execution of a change order with RJ Noble Company
to construct the new traffic signal, and
WHEREAS, acceptance of the Easement is consistent with the traffic signal
installation Project, which was described and evaluated in the previous environmental
review
WHEREAS, in accordance with CEQA, the City has analyzed all potential
environmental effects associated with the proposed action and has determined that the
said action is exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing
Facilities); and
WHEREAS, after a duly noticed public meeting held on the 13th day of March
2024, and consideration of all relevant 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.
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PC Resolution 24-03-13-01 March 13, 2024
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 hereby 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. Based on the substantial evidence set forth in the administrative
record, including but not limited to the previous findings of categorical exemption pursuant
to California Quality Act CEQA) Section 15301 (Existing Facilities), the Planning
Commission finds that further environmental review pursuant to State CEQA Guidelines,
Section 15301 (Existing Facilities) is not required based on the following findings of fact:
A. On November 7, 2023, the City Council made a finding that the installation
of a new traffic signal at the intersection of La Navia Avenue and Calle Arroyo is
categorically exempt pursuant to California Environmental Quality Act (CEQA) Section
15301 (Existing Facilities) ..
B. The proposed action is consistent with the goals, policies, and objectives of
the General Plan, and
C. Based on these findings and all of the evidence set forth in the record, the
Planning Commission finds that no additional environmental review is required in
connection with acceptance of the Easement from SMES for public sidewalk and traffic
signal purposes.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that acceptance of the Easement from SMES conforms to the City of
San Juan Capistrano General Plan, based on the following findings:
A. Acceptance of the Easement from SMES Cit for public sidewalk and traffic
signal installation purposes would conform with and further General Plan goals 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 acceptance
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, 30448 Rancho Viejo Road, Suite 110, San Juan Capistrano,
California 92675. The Development Services Director is the custodian of the record of
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PC Resolution 24-03-13-01 March 13, 2024
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, March 28, 2024.
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 13th day of March 2024.
Joel Roja
Planning
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en Services Director &
ecretary
PC Resolution 24-03-13-01
Exhibit "A"
Easement Area
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March 13, 2024
PROPOSED EASEMENT
Calle Arroyo & La Navia Avenue
CITY OF SAN .JUAN CAPISTRANO
SCALE: 1" -20'
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Attachment 2
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