Swallows Creek/Fluidmaster Rezone – Rezone (RZ 25-002)

2026030817

City of San Juan Capistrano

NOE - Notice of Exemption

3/19/2026

3/19/2026

Izzak Mireles

City of San Juan Capistrano

Senior Planner

Lead/Public Agency

32400 Paseo Adelanto
San Juan Capistrano, CA 92675

(949) 443-6321

imireles@sanjuancapistrano.org

Benjamin M. Horning

Dedeaux Properties, LLC

Director of Development

Project Applicant

1222 6th Street
Santa Monica, CA 90401

(323) 981-8226

ben@dedeauxproperties.com

Junipero Serra Rd.

92675

650-112-07

n/a

n/a

n/a

n/a

Categorical Exemption

Section 15320

This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the proposed Rezone is not subject to the California Environmental Quality Act (CEQA) because it does not meet the definition of a “project” under CEQA. State CEQA Guidelines Section 15060(c) specifies that an activity is not subject to CEQA if it does not meet the definition of a “project” under Section 15378. In this case, the Rezone does not qualify as a project for two primary reasons: First, Section 15378(a) defines a project as an activity that has the potential to cause either a direct physical change in the environment or an indirect physical change. The proposed Rezone amends the zoning map, but it does not authorize any new physical development or alter the intensity of land uses in the area. Since there is no physical change involved, the Rezone does not qualify as a project under CEQA. Second, Section 15378(b)(5) explicitly excludes from the definition of a “project” the organizational or administrative activities of government that do not result in direct or indirect physical changes to the environment. The proposed Rezone is an administrative action that involves changes to the City’s official zoning map, but it will not cause any physical changes to the environment. Therefore, it is not subject to CEQA. Even if the Rezone were considered a “project” under CEQA, it would still be categorically exempt under State CEQA Guidelines Section 15320, which applies to organizational or reorganization activities by local governmental agencies, as long as the changes do not alter the geographical area in which existing powers are exercised. Since the Rezone only changes the City’s official zoning map without involving any physical development or changing the geographic scope of the area, it qualifies for this categorical exemption. Additionally, the Common-Sense Exemption under CEQA Guidelines Section15061(b)(3) also applies, as there is no possibility that the Rezone could result in a significant effect on the environment. Finally, none of the exceptions to categorical exemptions in CEQA Guidelines Section 15300.2 apply to this project. The Rezone will not result in cumulative environmental impacts, as it does not authorize any new physical development. There are no unusual circumstances that would lead to significant environmental impacts, the site is not included on any list compiled pursuant to Government Code section 65962.5 and the Rezone will not affect scenic resources or historic resources as no physical changes are involved.

Other

Not a “project” pursuant to Section 15060(c)(3); and Section 15061(b)(3)

This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the proposed Rezone is not subject to the California Environmental Quality Act (CEQA) because it does not meet the definition of a “project” under CEQA. State CEQA Guidelines Section 15060(c) specifies that an activity is not subject to CEQA if it does not meet the definition of a “project” under Section 15378. In this case, the Rezone does not qualify as a project for two primary reasons: First, Section 15378(a) defines a project as an activity that has the potential to cause either a direct physical change in the environment or an indirect physical change. The proposed Rezone amends the zoning map, but it does not authorize any new physical development or alter the intensity of land uses in the area. Since there is no physical change involved, the Rezone does not qualify as a project under CEQA. Second, Section 15378(b)(5) explicitly excludes from the definition of a “project” the organizational or administrative activities of government that do not result in direct or indirect physical changes to the environment. The proposed Rezone is an administrative action that involves changes to the City’s official zoning map, but it will not cause any physical changes to the environment. Therefore, it is not subject to CEQA. Revised 2011 Even if the Rezone were considered a “project” under CEQA, it would still be categorically exempt under State CEQA Guidelines Section 15320, which applies to organizational or reorganization activities by local governmental agencies, as long as the changes do not alter the geographical area in which existing powers are exercised. Since the Rezone only changes the City’s official zoning map without involving any physical development or changing the geographic scope of the area, it qualifies for this categorical exemption. Additionally, the Common-Sense Exemption under CEQA Guidelines Section15061(b)(3) also applies, as there is no possibility that the Rezone could result in a significant effect on the environment. Finally, none of the exceptions to categorical exemptions in CEQA Guidelines Section 15300.2 apply to this project. The Rezone will not result in cumulative environmental impacts, as it does not authorize any new physical development. There are no unusual circumstances that would lead to significant environmental impacts, the site is not included on any list compiled pursuant to Government Code section 65962.5 and the Rezone will not affect scenic resources or historic resources as no physical changes are involved.