Resolution Number 20-06-02-05RESOLUTION NO. 20-06-02-05
A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING
THE CITY OF SAN JUAN CAPISTRANO VEHICLE MILES TRAVELLED
THRESHOLDS OF SIGNIFICANCE AND FINDING THE SAME NOT A
PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the State Guidelines
Environmental Quality Act ("CEQA") (15 Cal.
Guidelines") encourage public agencies to
"thresholds of significance" to be used in
environmental effects; and
for Implementation of the California
Code Regs., § 15000 et seq.: "State CEQA
develop and publish generally applicable
letermining the significance of a project's
WHEREAS, State CEQA Guidelines, section 15064.7(a) defines a threshold of
significance as "an identifiable quantitative, qualitative or performance level of a particular
environmental effect, noncompliance with which means the effect will normally be
determined to be significant by the agency and compliance with which means the effect
normally will be determined to be less than significant"; and
WHEREAS, State CEQA Guidelines, section 15064.7(b) requires that thresholds
of significance must be adopted by ordinance, resolution, rule, or regulations, developed
through a public review process, and be supported by substantial evidence; and
WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources
Code, section 21099, requires changes to the State CEQA Guidelines regarding the
criteria for determining the significance of transportation impacts of projects; and
WHEREAS, in 2018, the Governor's Office of Planning and Research ("OPR")
proposed, and the California Natural Resources Agency certified and adopted, new State
CEQA Guidelines, section 15064.3 that identifies vehicle miles traveled ("VMT") —
meaning the amount and distance of automobile travel attributable to a project — as the
generally appropriate metric to evaluate a project's transportation impacts; and
WHEREAS, as a result, automobile delay, as measured by "level of service" and
other similar metrics, generally no longer constitutes a significant environmental effect
under CEQA; and
WHEREAS, State CEQA Guidelines, section 15064.3 goes into effect on July 1,
2020, though public agencies may elect to be governed by this section immediately; and
WHEREAS, the City of San Juan Capistrano, following a public hearing process,
wishes to adopt VMT Thresholds of Significance ("VMT Thresholds") that would apply to
projects in the City of San Juan Capistrano that are subject to CEQA; and
WHEREAS, the VMT Thresholds of Significance will be incorporated into the City's
Administrative Policy 310 and are supported by substantial evidence set forth in the
June 2, 2020, City Council staff report and technical memoranda in support of the VMT
Thresholds.
6/2/2020
NOW, THEREFORE, BE IT RESOLVED by the City of San Juan Capistrano as follows:
SECTION 1. In its capacity as lead agency, the City of San Juan Capistrano has
evaluated the proposed VMT Thresholds to determine whether the VMT Thresholds are
subject to environmental review under Public Resources Code, section 21000 et seq.:
"CEQA". The City Council for the City of San Juan Capistrano hereby finds and
determines that the VMT Thresholds are not a project within the meaning of Public
Resources Code, section 21065 and State CEQA Guidelines, section 15378. The VMT
Thresholds would not lead to a direct or a reasonably foreseeable indirect change in the
physical environment. The VMT Thresholds are an administrative activity of the City.
Specifically, the VMT Thresholds provide guidance to property owners, project
developers, applicants, and proponents for determining the significance of transportation
impacts of a project under CEQA. The VMT Thresholds do not approve any specific
development and would not lead to any particular physical change to the environment.
Thus, the VMT Thresholds are not a project under Public Resources Code, section 21065
and State CEQA Guidelines, section 15378(b)(5). For these reasons, the VMT
Thresholds are not subject to further environmental review under CEQA.
SECTION 2. Based upon substantial evidence set forth in the record of proceedings,
including but not limited to the June 2, 2020, City Council Staff Report on the VMT
Thresholds, as well as the technical memoranda prepared in support of the City of San
Juan Capistrano's VMT Thresholds, the City of San Juan Capistrano hereby adopts the
following VMT Thresholds for measuring project transportation impacts under CEQA:
Table 1
Project VMT Significance Thresholds
' Service Population is the sum of all users, i.e. population, employees, students, etc.
Threshold for Determination of a
Land Use Type
Project Significant Transportation VMT
Impact
Residential
Exceeds the City Average VMT/Capita Minus
15%
Office
Exceeds the City Average VMT/Employee
Minus 15%
Industrial
Exceeds the City Average VMT/Employee
Minus 15%
Retail
Generates a Net Increase in Total City VMT
Private School/University
Generates a Net Increase in Total City VMT
Hotel/Motel/Inn
Generates a Net Increase in Total City VMT
Mixed -Use
Analyze Each Land Use Individually Per Above
Categories
General Plans/Specific
Exceeds the City Average VMT/Service
Plans
Population' Minus 15%
Construction/Transportation
Generates a Net Increase in Total City VMT
Projects
' Service Population is the sum of all users, i.e. population, employees, students, etc.
SECTION 3. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
SECTION 4. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at City Hall for the
City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano,
California. The City Clerk is the custodian of the record of proceedings.
SECTION 5. Notice of Exemption. Staff is directed to file a Notice of Exemption with the
County of Orange within five (5) working days of approval of the VMT Thresholds.
PASSED, APPROVED AND ADOPTED this 2nd day of June 2020.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
l
TROY A. BOURNE,MAYOR
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-06-02-05 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd
day of June 2020, by the following vote:
A 5: COUNCIL MEMBERS: Maryott, Farias, Taylor and Mayor Bourne
N COUNCIL MEMBERS: None
AB N : COUNCIL MEMBERS: Reeve
MORRIS, CITY-IQLERK