PC Resolution-04-09-14-03PC RESOLUTION NO. 04-09-14-3
APPROVING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
AN ACTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING THAT THE CITY COUNCIL
REPEAL THE EXISTING ENVIRONMENTAL REVIEW GUIDELINES
ADOPTED JULY 5,1994 AND ADOPT A RESOLUTION APPROVING THE
CITY OF SAN JUAN CAPISTRANO LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMETAL QUALITY ACT
(PUB. RESOURCES CODE 55 21000 ET SEQ.) (2004 CEQA
G U ID E LI N E S) .
Whereas, the California Legislature has amended the California
Environmental Quality Act (“CEQA) (Pub. Resources Code 9321 000 et seq.) and the State
CEQA Guidelines (Cal. Code of Regs, tit. 14, §§I5000 et seq.) and the California courts
have interpreted specific provisions of CEQA; and,
Whereas, Section 21082 of CEQA requires all public agencies to adopt
objectives, criteria and procedures for the evaluation of public and private projects
undertaken or approved by such public agencies, and the preparation, if required, of
environmental impact reports and negative declarations in connection with that evaluation;
and, L
Whereas, the City of San Juan Capistrano (“City”) must revise the current
Environmental Review Guidelines adopted by Resolution 94-7-5-1 on July 5, 1994, to
make them consistent with current provisions and implementations of State Law
requirements; and,
Whereas, the Planning Director has determined that the project is exempt
from the provisions of CEQA pursuant to Article 19, Categorical Exemptions, Section
15308, Actions by Regulatory Agencies for Protection of the Environment (Class 8), and
the City has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA); and,
Whereas, the Planning Commission reviewed the proposed 2004 CEQA
Guidelines at a public meeting on September 14, 2004.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. General Plan Consistency - The “Local Guidelines for Implementing
the California Environmental Quality Act” will assist the City in carrying
out the development review process in accordance with State
PC Resolution 04-09-1 4-3 2 September 14,2004
planning law and ensuring that environmental impacts associated with
a project are identified, mitigated, and reduced in significance. The
Guidelines are consistent with the General Plan’s objectives for
ensuring that development within the City of San Juan Capistrano
minimizes environmental impacts and is done in an environmentally
sensitive manner.
2. Title 9 Compliance -The document is consistent with the provisions of
Title 9, Section 9-2.201 which requires all land use and development
review applications to undergo environmental review in accordance
with the CEQA and the City’s applicable regulations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby recommend that the City Council repeal
Resolution 94-7-5-1 in its entirety and adopt the “Local Guidelines for Implementing the
California Environmental Quality Act ” attached to this resolution as Exhibit A, expressly
incorporated by reference as if set out in full.
PASSED, APPROVED AND ADOPTED this 14th day of September, 2004
by the following vote, to wit:
AYES: Commissioners Cardoza, Cohen, Drey, Ratcliffe
NOES: None
ABSTAIN: None
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Molly Bog@ Secrkdary
(C:\My Documents\CEQA Guidelines)