PC Resolution-19-06-25-02PC RESOLUTION NO. 19-06-25-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT
A MITIGATED NEGATIVE DECLARATION AND APPROVE A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE VERDUGO STREET
BEAUTIFICATION PROJECT (CIP14106)
Whereas, the City's Capital Improvement Program represents an important
mechanism for implementing the goals, policies, and recommendations of the General
Plan, in particular the circulation, safety, parks and recreation, and growth management
policies; and,
Whereas, the City established an administrative policy for developing a
Capital Improvement Program and the Capital Improvement Program Committee
developed a Fiscal Year (FY) 2013-2020 Capital Improvement Program pursuant to the
City's Capital Improvement Guidelines; and ,
Whereas, among other things, one of the major capital improvement
projects in the FY 2013-2020 Capital Improvement Program included the Verdugo Street
Beautification Project (CIP14106) (the "proposed Project"); and,
Whereas, on June 18, 2013 the City Council approved the FY 2013-2020
Capital Improvement Program which included the proposed Project; and,
Whereas, the proposed Project includes the widening of the sidewalk.
Among other things, the proposed Project includes installation of landscaping, enhanced
paving, lighting, and street furniture to provide a pedestrian-friendly experience in the
downtown area and the area adjacent to the train station and Los Rios District; and,
Whereas , pursuant to section 21067 of the Public Resources Code, and
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and ,
Whereas, in accordance with State CEQA Guidelines section 15063, the
City prepared an Initial Study to determine if the Project could have a significant effect on
the environment; and,
Whereas, based upon the information contained in the Initial Study, which
concluded that the Project would not have a significant impact on the environment with
mitigation incorporated, the City determined that a Mitigated Negative Declaration
("MND") should be prepared for the Project, and an MND was prepared pursuant to CEQA
and the State CEQA Guidelines; and,
PC Resolution 19-06-25-02 June 25 2019
Whereas, in accordance with State CEQA Guidelines section 15072(b), a
Notice of Intent to Adopt an MND was mailed to all organizations and individuals who
previously requested such notice in writing, and notice was also provided by way of
publication, posting, or direct mailing consistent with CEQA's requirements; and,
Whereas, as required by State CEQA Guidelines section 15072(d), on May
22, 2019, the Notice of Intent to Adopt an MND was also posted by the Clerk for the
County of Orange; and,
Whereas, during the public comment period, copies of the MND and its
technical appendices were available for review and inspection at City Hall and on the
City's website; and,
Whereas, pursuant to State CEQA Guidelines section 15073, the MND was
circulated for at least a 20-day review period, from May 23, 2019 through June 11, 2019,
during which the City received four (4) comment letters, three (3) of which contained
comments on the project; and,
Whereas, on June 25, 2019, the Planning Commission conducted a duly-
noticed public meeting where members of the public were afforded an opportunity to
comment upon the Project and the MND; and,
Whereas, the MND reflects the City's response to the three (3) comment
letters that contained comments on the project (the fourth comment letter indicated that
the commenter had no comment); and,
Whereas, the MND prepared in connection with the Project sufficiently
analyzes the feasible mitigation measures necessary to avoid or substantially lessen the
Project's potentially significant environmental impacts; and,
Whereas, the findings and conclusions made by the Planning Commission
in this Resolution are based upon the oral and written evidence presented as well as the
entirety of the administrative record for the Project, which is incorporated herein by
reference. The findings are not based solely on the information provided in this
Resolution; and,
Whereas, the MND reflects the independent judgment of the City and is
deemed adequate for purposes of making decisions on the merits of the Project; and,
Whereas, a Mitigation Monitoring and Reporting Program ("MMRP") has
been prepared for the Project, and is attached hereto as Exhibit "A"; and,
Whereas, no comments made in the public hearing conducted by the
Planning Commission, and no additional information submitted to the Planning
Commission, has produced substantial new information requiring substantial revisions
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that would trigger recirculation of the MND or additional environmental review of the
Project under State CEQA Guidelines section 15073.5.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of
the City of San Juan Capistrano as follows:
1. Recitals. The Planning Commission hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution .
2. Compliance with the California Environm.ental Quality Act. The Planning
Commission has reviewed and considered the information contained in the Initial Study
/MND, comments received, and other documents contained in the administrative record
for the Project. The Planning Commission hereby recommends that the City Council find
that the Initial Study/MND and administrative record contain a complete and accurate
reporting of the environmental impacts associated with the Project and that the Initial
Study/MND have been completed in compliance with CEQA and the State CEQA
Guidelines.
3. Fi ndings on Environ mental Impacts. Based on the whole record before it, including
the Initial Study/MND, the administrative record and all other written and oral evidence
presented to the Planning Commission, the Planning Commission hereby recommends
that the City Council find that all environmental impacts of the Project are either less than
significant or can be mitigated to less than significant levels pursuant to the mitigation
measures outlined in the Initial Study/MND, and the MMRP. The Planning Commission
further recommends that the City Council find that the MND contains a complete,
objective and accurate reporting of the environmental impacts associated with the Project
and reflects the independent judgment and analysis of the City.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
of the City of San Juan Capistrano adopt the Mitigated Negative Declaration for the
Verdugo Street Beautification Project (CIP14106) and approve the Mitigation Monitoring
and Reporting Program for the same, attached hereto as Exhibit "A".
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
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PASSED, APPROVED AND ADOPTED thi une, 2019.
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Exhibit "A"
Mitigation Monitoring and Reporting Program (MMRP)
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