Loading...
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 2 PC Resolution 19-06-25-02 June 25 2019 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. 3 PC Resolution 19-06-25-02 June 25. 2019 PASSED, APPROVED AND ADOPTED thi une, 2019. 4 PC Resolution 19-06-25-02 June 25. 2019 Exhibit "A" Mitigation Monitoring and Reporting Program (MMRP) 5