Second Amendment to License Agreement with Legacy Ranch Partners LLC for Operation of the City-owned Swanner House Property

2025070802

City of San Juan Capistrano

NOE - Notice of Exemption

7/18/2025

7/18/2025

Matisse Reischl

City of San Juan Capistrano

Assistant City Manager

Lead/Public Agency / Project Applicant

32400 Paseo Adelanto
San Juan Capistrano, CA 92675

(949) 493-1171

mreischl@sanjuancapistrano.org

92675

Categorical Exemption

Section 15301 (Class 1)

The proposed license agreement amendment between Legacy Ranch Partners and the City is categorically exempt from the California Environmental Quality Act (“CEQA”). The proposed amendment falls within the Class 1 exemption, which applies to the operation, maintenance, permitting, leasing, and minor alteration of existing public or private structures, facilities, or topographical features involving negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301.) Here, recommending approval of a license agreement amendment for operation of the Swanner House property constitutes a continuation of existing uses of the land. The uses permitted under the proposed amendment are consistent with those authorized in the prior license agreement in effect from May 2012 through July 2022 with the former operator of the Swanner House property. The amendment also reflects a continuation of prior use of the available parking area by the former tenant, as well as ongoing daily use by community members and visitors to the property. Specifically, the proposed amendment will continue to allow the operator to host private and community events, wine-tasting, educational programing, etc. consistent with the prior activities of the former licensee. Further, the proposed amendment will result in negligible or no expansion of existing use, as the proposed amendment will not involve the construction of new facilities nor the expansion of existing facilities, but solely use of existing facilities for continuation of current uses. None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 have any applicability here. The proposed amendment will not impact any environmental resource of hazardous or critical concern, will not result in significant cumulative impacts, is not subject to any unusual circumstances that could result in a significant environmental impact, would not damage any scenic resources within a scenic highway, is not located on a hazardous waste site identified on any list compiled pursuant to Government Code section 65962.5, and would not impact an historical resource. For all of the foregoing reasons, the entirety of the proposed amendment is categorically exempt from CEQA.