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Whereas, the City Council listed the project as Urgent Strategic Priority No. 3(2)
and requested that staff and consultants develop engineering and site plans for the project
located at the northwest open space, specifically located north of Junipero Serra road and west
of Camino Capistrano which is General Plan -designated Community Park (CP) and classified as
Community Park (CP) on the Official Zoning Map and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a negative
declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative
Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act (1970); and all
mitigation measures have been included herein; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality
Act (CEQA), has considered all project environmental documentation and technical studies;
and,
Whereas, the Planning Commission conducted a duly -noticed public meeting on
January 10, 2012 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public
Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider
public testimony on the proposed project and has considered all relevant public comment; and,
Whereas, the Utilities Commission conducted a duly -noticed public meeting on
September 26, 2011 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339; and,
Whereas, the Design Review Committee conducted a duly -noticed public meeting
on November 17, 2011 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339;
and,
Whereas, the Open Space, Trails & Equestrian Commission and Parks,
Recreation & Senior Services Commission conducted a duly -noticed joint public meeting on
December 5, 2011 pursuant to the provisions of Title 9, Land Use Code, Section 92.339.
PC Resolution 12-01-10-01 2 January 10, 2012
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following California Environmental Quality
Act (CEQA) findings with respect to approval of the Mitigated Negative Declaration (MND):
Whereas, the Planning Commission finds on the basis of the evidence presented
and the whole record before it, including the negative declaration/mitigated negative declaration,
and comments received, that there is no substantial evidence that the proposed project, as
mitigated, will have a significant effect on the environment and,
Whereas, the Planning Commission further finds that the adoption of the
mitigated negative declaration reflects the Planning Commission's independent judgment and
analysis; and,
Whereas, the record of proceedings on which the Planning Commission's
decision is based, is located at City Hall for the City of San Juan Capistrano, located at 32400
Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is
the Development Services Department Administrative Specialist;and,
Whereas, staff is hereby authorized and directed to file a Notice of Determination
within five working days of adoption of this resolution as required by CEQA Guidelines Section
15075.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings as
established by Title 9, Land Use Code of the City of San Juan Capistrano
Is the project consistent with the goals, policies, and recommendations of the Land Use
Element? The project site is situated within the Community Park ("CP") land use
designation. The project is compatible with the surrounding existing and proposed land
uses because the CP land use is intended for "major active recreation sites, serving a
larger population and geographic area". The project will provide a pedestrian connection
to the multi -use trail located along Trabuco Creek; and,
2. Is the project consistent with the goals, policies, and recommendations of other relevant
General Plan elements? The project design is consistent with the policies and objectives
of the Conservation and Open Space Element because the project is consistent with the
Open Space Master Plan. The project is specifically consistent with:
Goal 1: 'Retain the character and natural beauty of the environment through the
preservation, conservation, enhancement and maintenance of open space;"
and,
Policy 1.11: 'To guide and regulate development to ensure that the character
and natural beauty of the City is retained; "and,
Goal 4: "Conserve open space lands needed for recreation, education and scientific
activities, as well as culturakhistoric preservation;" and,
PC Resolution 12-01-10-01
January 10, 2012
Objective 4.1: " To plan for the acquisition, development, maintenance,
operation, and financing of open space lands which provide recreational, scenic,
aesthetic, scientific, cultural/historic, Native American and educational
opportunities;" and,
Goal 6: "Educate the citizens on the need for and benefit of open space conservation,
preservation and resource management,*" and,
Objective 6.2: "To establish successful partnerships with non-profit,
educational, governmental, and volunteer organizations that can assist and
enhance the City's open space education and outreach efforts"
The project design is generally consistent with the goals, policies, and objectives of the
Open Space Master Plan; as well as, all other applicable provisions of the General Plan;
and,
3. Is the proposed use and design of the project consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element? The project
design is consistent with the policies and objectives of the Community Design Element
because the project is consistent with the following policies under the Community Design
Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development to
maintain the character of the City; "and,
Policy 1.3: "Encourage the participation by all members of the community in
activities which promote the City and create local pride, -"and,
The project is also consistent with the following policy under the Community Design
Goal 2:
Policy 2.1: "Encourage development which compliments the City's traditional,
historic character through site design, architecture, and landscaping"
The project design is generally consistent with the goals, policies, and objectives of
the Community Design Element; as well as, all other applicable provisions of the
General Plan; and,
4. Are the character, scale and quality of the architecture, site design and landscaping
consistent with the adopted Architectural Design Guidelines of the City? The City's
Architectural Design Guidelines do not specifically contain standards for parks;
however the project is consistent with the adoptedArchitectural Design Guidelines
because the following design principles are applicable to the proposed project:
a. Design Issue/ Principal 1: Human Scale. The proposed project design has a
well-balanced pedestrian orientation and human scale. The location of the
parking lot is located above the dog park area which is located in the lower
bench of the Northwest Open Space. The dog park will be designed to blend
PC Resolution 12-01-10-01 4 January 10, 2012
into the existing natural open space area, designed to complement the
historic character of the agricultural area and will be enhanced with California
native trees and shrubs; and,
b. Design Issue/ Principal 5: Heritage and Tradition. The proposed project
contains a pedestrian access connection to the equestrian staging area that
is reflected in the history and tradition of San Juan Capistrano. The project
includes access to the multi -use trail, picnic tables, and a drinking fountain.
The construction materials used in this area will be rustic in form and will be in
keeping with the character and heritage of the equestrian tradition of the City;
and,
c. Desiqn Issue/ Principal 7: Relationship to Natural Settings. The proposed
project is located west of Trabuco Creek and will be designed to complement
the cultural characteristic of the historic agriculture uses on the property and
the natural setting. The project includes the protection of native Oak trees,
Avocado trees, and Citrus trees. The site will include plantings of trees and
shrubs that complement the existing landscape palette found along Trabuco
Creek. The park areas are designed as open areas with mulch and native
grasses and to allow for open views throughout the park area; and,
d. Design Issue/ Principal 8: Linkages and Connections. The proposed project
maximizes the linkages and connections to surrounding public uses,
activities, pedestrian & equestrian trails. The proposed plan provides a
connection to the equestrian staging area and to the multi -use trail located
along Trabuco Creek. The trail will provide a link to other open space areas
and trails through -out the City; and,
5. Will the proposed use and design of the project comply with all applicable provisions
of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific
plan or comprehensive development plan? The proposed project has been designed
to be in compliance with the applicable provisions of Title 9 of the San Juan
Capistrano Land Use Code with regards to access, parking, fencing, development
standards, and landscape; and,
6. Does the site plan provide functional and safe vehicular, bicycle and pedestrian
access and circulation? The proposed project is functional and safe in regards to
circulation conditions because the purpose and intent of the parking lot is to provide
a separate access to the parking area exclusively for dog park visitors; and primarily
to ensure that dogs and horses are not intermingling in the parking areas. A
separate parking area will also provide a safer pedestrian environment. The project
includes a pedestrian walkway that will connect the dog park parking area to the
equestrian staging area; and,
7. Are the proposed use and design of the project compatible with surrounding existing
and proposed land uses and community character, including scale, intensity,
massing, architectural design, landscape design, and other development
characteristics? The proposed project is consistent with the landscape design
requirements because the plan will provide California native plants that are
PC Resolution 12-01-10-01
January 10. 2012
consistent with the common plants found along Trabuco Creek and the Northwest
open Space area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves a Mitigated Negative
Declaration subject to those mitigation measures established by Exhibit A, attached hereto and
incorporated herein; and,
EFFECTIVE DATE & FINAL APPROVAL This project approval shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire at 5:00pm, Thursday, January 26, 2012.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this development
project by taking the necessary steps and following the procedures established by Sections
66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 10th day of January, 2012, by the
following vote, to wit:
AYES: Commissioner Kerr, Williams, Parkhurst and Nunn.
RECUSE: Chairman Cohen, Commissioner Neely
ABSENT: Vice -Chair Ratcliffe
Ginny Kerr;,ommissioner
'V 61 -%1'111J -2x1'
Wflham A. Ramsey, AICP, Principal Pnn6r
Secretary