PC Resolution-24-05-08-01PC RESOLUTION NO. 24-05-08-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA FINDING THAT ACCEPTANCE OF
AN EASEMENT FROM PETRA AND AVELINA COMMUNITY
ASSOCIATION BY THE CITY OF SAN JUAN CAPISTRANO FOR
PUBLIC TRAIL PURPOSES IS CONSISTENT WITH THE CITY'S
GENERAL PLAN AND NO FURTHER CEQA REVIEW IS REQUIRED
PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND
STATE CEQA GUIDELINES SECTION 15162.
WHEREAS, the Petra and Avelina Community Association currently owns and
maintains the multi-purpose trail along the south side of the Petra Avelina residential
development Tract 18148, generally located south of Calle Arroyo, north of San Juan
Creek, and east of interstate 5; 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 Petra and Avelina Community Association ("Association") for public
trail 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 Easements conform with the General Plan; and
WHEREAS, the proposed action is a contemplated future action related to the
Petra Avelina residential development, which was approved on July 21, 2020; and
WHEREAS, on July 21, 2020, the City adopted a Resolution certifying the Final
Environmental Impact Report (SCH# 2019110154) ("EIR") for the Tirador Residential
Development Project; and
WHEREAS, the proposed dedication of easement is consistent with the Tirador
Residential Development Project described and evaluated in the previously certified EIR;
and
WHEREAS, in accordance with CEQA, all potential environmental effects
associated with the proposed action have been analyzed and none of the conditions
described in Public Resources Code Section 21166 or State CEQA Guidelines Section
15162 have occurred; and
WHEREAS, after a duly noticed public meeting held on the 8th day of May, 2024,
and consideration of all the facts and circumstances, the Planning Commission desires
to make a finding of General Plan conformance based upon substantial evidence; and
Petra Avelina Easement
Resolution 24-05-08-XX Page 2
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. The Planning Commission finds that the previously certified
Environmental Impact Report for the Tirador Residential Development Project (rebranded
as Petra Avelina) (State Clearinghouse No. 2019110154) contains a complete and
accurate reporting of all of the environmental impacts associated with the project,
including the dedication of the trail to the City as a public trail. Moreover, based on the
substantial evidence set forth in the administrative record, the Planning Commission finds
that none of the conditions under State CEQA Guidelines Section 15162 requiring
subsequent environmental review have occurred because the action would not:
1. Constitute a substantial change to the project that will require major
revisions of the certified Final Environmental Impact Report for the Tirador Residential
Development Project (State Clearinghouse No. 2019110154) due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Constitute a substantial change with respect to the circumstances under
which the project is administered that will require major revisions of the certified Final
Environmental Impact Report for the Tirador Residential Development Project (State
Clearinghouse No. 2019110154) due to the involvement of new significant environmental
effects or a substantial increase in the severity of the previously identified significant
effects; and
3. Involve new information of substantial importance that was not known
and could not have been known with the exercise of reasonable diligence at the time the
Final Environmental Impact Report for the Tirador Residential Development Project (State
Clearinghouse No. 2019110154) was certified that shows any of the following: (a) the
project will have one or more significant effects not discussed in the certified Final
Environmental Impact Report for the Tirador Residential Development Project (State
Clearinghouse No. 2019110154); (b) significant effects previously examined will be
substantially more severe than shown in the certified Final Environmental Impact Report
for the Tirador Residential Development Project (State Clearinghouse No. 2019110154 );
(c) mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects of the project,
but the project proponents decline to adopt the mitigation measure or alternative; or (d)
mitigation measures or alternatives which are considerably different from those analyzed
in the certified Final Environmental Impact Report for the Tirador Residential
Development Project (State Clearinghouse No. 2019110154) would substantially reduce
Petra Avelina Easement
Resolution 24-05-08-XX Page 3
one or more significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
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
Project's approval and adoption of this Resolution.
SECTION 3. Pursuant to Government Code Section 65402(a), the Planning
Commission finds that the conveyance of the Easements to 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 the Association
to the City for public trail 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 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 on
Thursday, May 23, 2024. This approval is valid for a period of 12 months from the effective
date of approval of this Resolution, and it expires on May 8, 2025, unless a time extension
request or the easement related to this approval has been recorded against the property
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 May 2024.
Director I