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PC Resolution-20-05-12-01PC RESOLUTION NO. 20-05-12-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFY THE GANAHL LUMBER PROJECT FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2019050015), ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVE THE PROJECT WHEREAS, Alex Uniack of Ganahl Lumber Co. (the "Applicant") is proposing the Ganahl Lumber Project ("Project"), a commercial project at 25865 Stonehill Drive that would include two drive-through restaurants, Ganahl Lumber hardware store and lumber yard, and a crushed-rock gravel area for short-term vehicle storage; and WHEREAS, the Project is located on an approximately 17-acre site in the City of San Juan Capistrano, generally bounded to the south by Stonehill Drive, to the west by San Juan Creek Channel and Trail, to the east by the Los Angeles-San Diego- San Luis Obispo (LOSSAN) rail corridor, and to the north by the Capistrano Valley Mobile Estates (CVME) mobile home park; and WHEREAS, the City prepared a Draft Environmental Impact Report ("Draft EIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The Draft EIR was made available to the public for review and comment for 45 days between January 6, 2020, and February 19, 2020 and WHEREAS, a Final EIR ("Final EIR") is being prepared and includes the Draft EIR, all technical reports prepared in connection with the Draft EIR, comments on the Draft EIR, responses to those comments, and all appropriate revisions to the Draft EIR; and WHEREAS, on April 30, 2020, the City gave notice of the Planning Commission's public hearing by advertisement in a newspaper of general circulation; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on May 12, 2020, to consider the proposed Project and its environmental findings, the EIR, and all evidence presented before and during the hearing and contained in the administrative record, and afforded members of the public an opportunity to comment upon the proposed Project and the EIR. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does resolve, determine, find and order as follows: PC Resolution 20-05-12-01 2 May 12. 2020 SECTION 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. SECTION 2. FINDINGS. The San Juan Capistrano Planning Commission hereby finds, based on consideration of the whole record before it, including the City's Local CEQA Guidelines, the EIR, the Project, and testimony heard at the public hearing, as follows: 1. Review Period: The City provided a 45-day public review period for the Draft EIR; and 2. Compliance with Law: The Draft EIR was prepared, processed, and noticed in accordance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.) and the City's Local CEQA Guidelines. The Planning Commission recommends that the City Council certify the EIR; and 3. Independent Judgment: The EIR reflects the City's independent judgment and analysis; and 4. CEQA Findings of Fact: The Draft EIR identifies the Project's potentially significant impacts on the environment. Pursuant to State CEQA Guidelines, section 15091, the City is required to make written findings for each of these significant effects, accompanied by a brief explanation of the rationale for each finding. The Planning Commission recommends that the City Council consider and adopt CEQA Findings of Fact in accordance with State CEQA Guidelines sections 15091; and 5. Mitigation Monjtoring Program: The Draft EIR includes mitigation measures to reduce significant impacts of the Project. Therefore, the Planning Commission recommends that the City Council adopt the Mitigation Monitoring and Reporting Program (MMRP) in accordance with State CEQA Guidelines section 15097. The MMRP shall be designed to ensure compliance with mitigation measures during Project implementation in that changes to the Project and/or mitigation measures will be incorporated into the Project and fully enforceable through permit conditions, agreements or other measures; and 6. Statement of Overriding Considerations: The Draft EIR identifies the Project's potentially significant effects on transportation that will remain despite the implementation of all feasible mitigation measures and alternatives. Therefore, the City Council must first adopt a Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects. The Planning Commission recommends that the City Council consider and adopt the Statement of Overriding Considerations before approving the Project. SECTION 3. LOCATION OF DOCUMENTS. The Program EIR and Project- related documents are on file and available for public review at San Juan Capistrano City PC Resolution 20-05-12-01 3 May 12, 2020 Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The City Clerk is the custodian of these documents. PASSED, APPROVED AND ADOPTED this 12th day of May, 2020. Tami Wilhelm, Chair Sergio~. Assistant Services Director/Secretary Development