Resolution Number 18-05-15-06RESOLUTION NO. 18-05-15-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR THE NORTHWEST OPEN SPACE COMMUNITY PARK
PROJECT LOCATED AT 30291 CAMINO CAPISTRANO, SAN JUAN
CAPISTRANO, CALIFORNIA (ASSESSORS PARCEL NUMBER: 121-050-19
(NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT)
Whereas, on December 6, 2016, the City Council received and filed
feedback from the Parks, Recreational, Senior and Youth Services Commission, the
Putuidem Committee and the Trails and Equestrian Commission and directed staff to
proceed with the design of the Northwest Open Space Community Park Project as
proposed in Option 4 with specified changes in accordance with the feedback received.
The community park encompasses approximately 3.61 acres of the existing park area
and will include passive recreational features, picnic area, cultural area, restroom
building, parking lot, pole corral and a new turn lane and roadway entry into the park
located at 30291 Camino Capistrano which is General Plan -designated "CP" (Community
Park) and classified as CP on the Official Zoning Map; and,
Whereas, on June 3, 2014, the City Council approved a Consultant
Agreement with NUVIS Landscape Architecture and Planning, - to prepare the
environmental review for the proposed park project; 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 California Environmental Quality
Act (CEQA) Guidelines, has issued a Mitigated Negative Declaration (MND) pursuant to
Section 15070 of those guidelines; has caused a Notice of MND to be posted pursuant to
Section 15072 of those guidelines, and has otherwise complied with all applicable
provisions of the CEQA (1970); and all mitigation measures have been included herein;
and,
Whereas, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 of CEQA; and,
Whereas, the City Council conducted a duly -noticed public meeting on May
15, 2018, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5
to consider public testimony on the proposed project and considered all relevant public
comments; and,
Whereas, the MND adequately addressed and mitigated, to the extent
feasible, the potential environmental impacts associated with the Project, which includes
a new park and associated improvements; and,
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Whereas, the City is the lead agency for purposes of the Project pursuant
to Public Resources Code section 21067; and,
Whereas, the MND has been provided to and has been reviewed by the
City Council, which is available for inspection at City Hall and on the City's website, and
are incorporated herein by reference; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, as follows:
SECTION 1. The above recitations are true and correct and adopted as the
findings of the City Council.
SECTION 2. Compliance with the California Environmental Quality Act. As
the decision-making body for the Project, the City Council has reviewed and considered
the MND for the Project. The City Council finds that the MND contains a complete and
accurate reporting of the environmental impacts associated with the Project. The City
Council further finds that the MND and the administrative record have been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA
Guidelines. The City Council further finds and determines that the MND reflects the City's
independent judgment.
SECTION 3. Findings Regarding Environmental Impacts. Based on the
substantial evidence set forth in the record, including but not limited to the MND, the City
Council finds that the MND is the appropriate document for the Project. The City Council
does hereby make the following findings as established by CEQA:
a) The City Council finds on the basis of the evidence presented and the whole
record before it, including the Initial Study and MND (SCH# 2017111084),
and comments received, all incorporated herein by reference as Exhibit "A",
that there is no substantial evidence that the Project, as mitigated, will have
a significant effect on the environment; and,
b) The Mitigation Monitoring Program (MMP), a copy of which is attached
hereto as Exhibit "B" and incorporated herein, will assure compliance with
the mitigation measures during Project implementation; and,
c) The City Council's adoption of the MND reflects the City Council's
independent judgment and analysis; and,
d) The record of proceedings on which the City Council's adoption 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 Coordinator; and,
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SECTION 4. Notice of Determination. The City Council directs City staff to
prepare, execute, and file a Notice of Determination with the Orange County Clerk within
five (5) working days of the approval of the Project.
SECTION 5. Custodian of Records and Location of Documents. The MND, the
Addendum to the MND, and all other documents constituting the administrative record for
the Project are on file and available for public review at City Hall, located at 32400 Paseo
Adelanto, San Juan Capistrano, California. The custodian of the record of proceedings
is the Development Services Department Administrative Coordinator.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby adopts a Mitigated Negative Declaration for the
Northwest Open Space Community Park Project.
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 15th day of May 2018.
FARIAS, MAYOR
5/15/2018
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
COUNTY OF SAN JUAN CAPISTRANO)
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 18-05-15-06 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of May
201fl�,by the following vote:
UNCIL MEMBERS; Ferguson, Maryott and Mayor Farias
UNCIL MEMBERS: Reeve
UNCIL MEMBERS: Patterson
aril�rIs; City
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