Resolution Number 24-06-18-081
RESOLUTION NO. 24-06-18-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA INITIATING GENERAL PLAN AMENDMENT (GPA)
24-003 AND CODE AMENDMENT (CA) 24-003, A STUDY TO AMEND THE
GENERAL PLAN LAND USE MAP AND THE ORTEGA PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01 TO ALLOW UP TO 69
EXISTING TENANT SUITES TO BE CONVERTED TO RESIDENTIAL
APARTMENT UNITS WITHIN A PORTION OF THE CAPISTRANO BUSINESS
PARK LOCATED AT 27122, 27124, 27126, 27128, 27130 27132, 27134, & 27136
PASEO ESPADA (APN 666-131-23); AND FINDING SAID ACTION
STATUTORILY EXEMPT FROM CEQA PER STATE CEQA GUIDELINES
SECTION 15262
WHEREAS, the City of San Juan Capistrano, California (“City”) is a
municipal corporation, duly organized under the constitution and laws of the State
of California; and
WHEREAS, Municipal Code Section 9-2.307 requires that the City Council
initiate consideration of all General Plan Amendments by the approval of a
resolution to initiate a General Plan Amendment Study; and,
WHEREAS, Municipal Code Section 9-2.309 requires that the City Council
initiate consideration of all Land Use Code Amendments, including
Comprehensive Development Plans according to Municipal Code Section 9-
3.315(d), by the approval of a resolution to initiate a Code Amendment Study; and,
WHEREAS, Seligman Western Enterprises, LTD, as applicant (the
“Applicant”) for the proposed amendment to the General Plan Land Use Map and
Ortega Planned Community Comprehensive Development Plan (CDP) 78-01 to
allow up to 69 existing tenant suites to be converted to residential apartment units
within a portion of the Capistrano Business Park (the “Project”), requests a General
Plan Amendment and Code Amendment; and,
WHEREAS, staff recommends study of the Project to assess the proposed
Project’s compatibility with San Juan Capistrano General Plan and zoning
pursuant to City policy and municipal code regulations; and,
WHEREAS, the proposed initiation of a General Plan and Code
Amendment study is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262
because this is a planning study and not the approval of any General Plan
Amendment, Code Amendment or land use entitlement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines, based on the whole of
the record including the staff report for this item, that the proposed initiation of a
General Plan and Code Amendment Study for the Project, is statutorily exempt
from the requirements of CEQA pursuant to CEQA Guidelines Section 15262
because this is a planning study and not the approval of any General Plan
Amendment, Code Amendment or land use entitlement.
Section 2. The City Council hereby initiates a General Plan and Code
Amendment Study for the proposed Project, generally located at 27122, 27124,
27126, 27128, 27130 27132, 27134, & 27136 Paseo Espada (APN 666-131-23)
and refers the matter to staff for analysis and to the Planning Commission for a
recommendation.
Section 3. The City Council hereby directs staff to prepare, execute, and
file a Notice of Exemption with the Orange County Clerk within five working days
after the passage and adoption of this Resolution.
Section 4. The record of proceedings relating to this Resolution are
located at City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The
custodian of records is the Community Development Director.
PASSED, APPROVED AND ADOPTED this 18th day of June, 2024.
_____________________________________
SERGIO FARIAS, MAYOR
ATTEST:
________________________________________
CHRISTY JAKL, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 24-06-18-08 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
18th day of June 2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Bourne
____________________________
CHRISTY JAKL, CITY CLERK