Conditional Use Permit (CUP23-004)

2024010945

City of San Juan Capistrano

NOE - Notice of Exemption

1/30/2024

1/30/2024

Justin R. Poley

City of San Juan Capistrano

Associate Planner

Lead/Public Agency

32400 Paseo Adelanto
San Juan Capistrano, CA 92675

(949) 443-6333

jpoley@sanjuancapistrano.org

92675

666-131-17

Ortega Highway

Categorical Exemption

Class 1, Existing Facilities

The City's Environmental Administrator has determined that the entire project is categorically exempt from further review under Section 15301, Existing Facilities. The entire project is exempt per Section 15301 because all activities associated with the use will be conducted within the existing footprint of the commercial building. Further, no expansion of the structure’s footprint is proposed and any modifications or improvements to the interior or exterior would involve negligible or no expansion of the buildings existing use. More specifically, there is no reasonable possibility that the activity will have significant effects on the environment due to unusual circumstances. The City has also considered whether the project is subject to any of the six (6) exceptions that would prohibit the use of a categorical exemption as set forth in State CEQA Guidelines Section 15300.2. The six (6) exceptions to this Exemption are: (a) Location; (b) Cumulative Impacts; (c) Significant Effect; (d) Scenic Highways; (e) Hazardous Waste Sites; and (f) Historical Resources. a. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of which are being utilized here; b. There is no possibility of a cumulative impact as the project involves the establishment of a cigar lounge and bar within an existing 3,110 sq. ft. suite with no expansions proposed to the suite. The likelihood of a successive project on this site is low and probability of a cumulative impact is low; c. The project is not marked by unusual circumstances. There is nothing unusual about an existing commercial facility. Further, a parking analysis, which was originally provided for PC Resolution No. 21-03-09-03, ensures that the parking needs of the use in addition to each of the land uses occupying the Capistrano Business Center will continue to be met. d. The project would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; e. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and f. The project would not cause a substantial adverse change in the significance of a historical resource.