Resolution Number 22-02-01-01RESOLUTION NO. 22-02-01-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA MAKING FINDINGS PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21166 AND ADOPT AN
ADDENDUM TO THE 2014 HOUSING ELEMENT INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION AND 1999 GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN
AMENDMENT (GPA 21-003), AMENDING THE HOUSING ELEMENT
AND THE SAFETY ELEMENT AND CREATING A NEW
ENVIRONMENTAL JUSTICE ELEMENT OF THE GENERAL PLAN
WHEREAS, in December 1999, the City Council certified the Program
Environmental Impact Report ("EIR") (SCH #99081117) for the City's General Plan
("General Plan PEIR"), with the exception of the Housing Element, adopted a Mitigation
Monitoring and Reporting Program, and approved the project pursuant to the California
Environmental Quality Act ("CEQA"); and
WHEREAS, on January 21, 2014, the City Council adopted an Initial
Study/Mitigated Negative Declaration ("IS/MND") for the City's Housing Element (5th
Cycle), adopted a Mitigation Monitoring and Reporting Program, and approved the
project pursuant to CEQA; and
WHEREAS, the City Council directed staff on July 20, 2021, to amend the
General Plan and prepare a comprehensive update of the City's Housing Element and
Safety Element, and create a new Environmental Justice Element in accordance with
California Government Code Sections 65588(a), 65302(g), and 65302(h), respectively;
and
WHEREAS, the proposed General Plan Amendment has been processed
pursuant to Section 9-2.302, Title 9 of the Municipal Code; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary
actions in furtherance of a project for which an EIR has been certified or a Negative
Declaration has been adopted, the lead agency is required to review any changed
circumstances to determine whether any of the circumstances under Public Resources
Code section 21166 and State CEQA Guidelines section 15162 require additional
environmental review; and
WHEREAS, the Environmental Administrator reviewed the proposed
Housing Element, Safety Element, and Environmental Justice Element and determined
that the proposed changes would not result in new significant environmental effects or a
substantial increase in the severity of previously identified significant effects that were
previously disclosed in the General Program PEIR and the Housing Element (5th Cycle)
IS/MND, and therefore no subsequent EIR or mitigated negative declaration is required;
and
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WHEREAS, the proposed changes would nonetheless necessitate minor
changes or additions to the General Plan PEIR and Housing Element (6h Cycle)
IS/MND, and the Environmental Administrator has caused an Addendum to the IS/MND,
adopted for the 2014-2021 Housing Element (5th Cycle) adoption, and the General Plan
PEIR to be prepared pursuant to Section 15164 of the State CEQA Guidelines and has
otherwise complied with all applicable provisions of CEQA; and
WHEREAS, the City received input on the contents of the draft Housing
Element and Safety Element from September 22, 2021 through November 22, 2021 and
the contents of the Environmental Justice Element from December 21, 2021 through
January 12, 2022; and,
WHEREAS, the Housing Element, Safety Element, and Environmental
Justice Element were updated based on public input; and,
WHEREAS, on January 19, 2022, the Planning Commission conducted a
public meeting to receive public testimony on the contents of the draft Housing Element,
Safety Element, and Environmental Justice Element, in addition to the Addendum, and
forwarded a recommendation of approval to the City Council; and
WHEREAS, on February 1, 2022, the City Council conducted a public
meeting to receive public testimony on the contents of the draft Housing Element,
Safety Element, and Environmental Justice Element, in addition to the Addendum; and
WHEREAS, State CEQA Guidelines section 15164(c) does not require the
Addendum to be circulated for public review but can be included in or attached to a final
EIR or adopted negative declaration.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby find that the proposed Housing Element Safety
Element, and Environmental Justice Element are consistent with the General Plan
because:
Land Use Element
Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue
generation matches the city's responsibility for provision and maintenance of public
services and facilities.
The draft update to the Housing Element proposes a balanced land use pattern by
identifying rezones for additional housing throughout the city, spanning north to south
generally along the developed Camino Capistrano corridor, offering opportunities to
develop where public services already exist. The Housing Element additionally identifies
growth within the existing residential land use designations through the incorporation of
Accessory Dwelling Units (ADUs) city wide. Furthermore, where commercial uses are
identified as likely to be successful, the rezones would be to Specific Plans which allow
for mixed use developments. The draft Safety Element considered the growth planned
within the Housing Element and identifies how the growth can occur while ensuring
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there are sufficient emergency services and policies should natural or man-made
hazards or disasters occur. Finally, the draft Environmental Justice Element proposes
policies which remove barriers and create better opportunities for the provision of public
services and facilities to the central residential core of the city, which may be particularly
negatively impacted by environmental constraints.
GOAL 3: Distribute additional population within the city based on risk factors. Policy 3.1:
Confine higher density land uses to the valley areas outside of the floodplain.
The draft update to the Housing Element proposes rezones to areas which are located
within a valley area and are not located within a high-risk fire, geologic, or flooding
areas. Additional population may come from ADUs which can be built on any developed
residential lot. The draft Safety Element identifies additional measures for when
development is proposed for areas that may have a higher risk factor, including high fire
severity zones, or floor plains, ensuring that any potential development is constructed to
reduce the rick factors of the structures proposed.
GOAL 4: Preserve major areas of open space and natural features.
The draft Housing Element, Safety Element, and Environmental Justice Element do not
propose to modify or threaten any designated open space land uses, zones, or the city's
protected Ridgeline Buffer zones. Furthermore, after concerns were brought forward
regarding the Oso Ranch rezone and the potential loss of Open Space Conservation
areas, the city and proposed developer confirmed that Open Space Conservation areas
will not be encroached upon or modified. Therefore, the proposed project would be
consistent with Goal 4 of the Land Use Element.
Circulation Element
GOAL 1: Provide a system of roadways that meets the needs of the community.
The draft update to the Housing Element proposes rezones along established roadways
or new roadways that will tie into the existing roadway system. The draft Safety Element
identifies the emergency routes for the city using the existing roadway system, and the
draft Environmental Justice Element identifies a policy that infrastructure improvements
within the Community of Focus (CoF) be given a priority over similarly rated
infrastructure.
Conservation and Open Space Element
GOAL 5: Shape and guide development in order to achieve efficient growth and
maintain community scale and identity.
The draft update to the Housing Element proposes a balanced land use pattern by
identifying rezones for additional housing throughout the city, spanning north to south
generally along the developed Camino Capistrano corridor, offering opportunities to
q develop where public services already exist and where development would not modify
or threaten any designated open space land uses or zones. The Housing Element
�j additionally identifies growth within the existing residential land use designations
2/1/2022
through the incorporation of ADUs city wide. The draft Safety Element considers the
growth planned within the Housing Element and identifies how the growth can occur
while ensuring sufficient emergency services and policies should natural or man-made
hazards or disasters occur. Finally, the draft Environmental Justice Element proposes
Policies which preserve the existing housing stock in the CoF and identifies methods to
maintain the long-term residents which make up the sense of community.
NOW, THEREFORE, BE IT RESOLVED, that State CEQA Guidelines
section 15164 requires lead agencies to prepare an addendum to a previously certified
EIR or adopted Negative Declaration if some changes or additions to the project are
necessary, but none of the conditions requiring preparation of a subsequent EIR are
present. The City Council has reviewed and considered the administrative record,
including but not limited to the General Plan PEIR, Housing Element (51h Cycle)
IS/MND, and the Addendum, which are all incorporated by reference as though set forth
fully herein, and finds that those documents taken together contain a complete and
accurate reporting of all the environmental impacts associated with the project. The
City Council further finds that the Addendum and the administrative record have been
completed in compliance with CEQA and the State CEQA Guidelines. The City Council
finds and determines that the Addendum reflects the City's independent judgment.
In this case, when taking subsequent discretionary actions in furtherance
of a project for which an EIR has been certified and a Negative Declaration adopted, the
City is required to review any changed circumstances under Public Resources Code
section 21166 and State CEQA Guidelines section 15162 to determine whether
additional environmental review is required. Based on the substantial evidence set forth
in the administrative record, including but not limited to the General Plan EIR, Housing
Element (5th Cycle) IS/MND, and Addendum, the City Council finds that none of the
conditions under State CEQA Guidelines section 15162 requiring subsequent
environmental review have occurred because the project:
a) does not constitute substantial changes that would require major revisions to the
EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified effects; and
b) does not constitute substantial changes with respect to the circumstances under
which the project were developed that would require major revisions of the EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of the previously identified
significant effects; and
c) does not present new information or substantial importance that was not known
and could not have been known with the exercise of reasonable diligence at the
time the EIR was certified and the Negative Declaration adopted, showing any of
the following: (i) that the project would have one or more significant effects not
discussed in the earlier environmental documentation; (ii) that significant effects
previously examined would be substantially more severe than shown in the
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earlier environmental documentation; (iii) that mitigation measures or alternatives
previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects, but the applicant declined to
adopt such measures; or (iv) that mitigation measures or alternatives
considerably different from those previously analyzed would substantially reduce
one or more significant effects on the environment, but which the applicant
declined to adopt.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves of an Updated Housing Element,
provided as Exhibit A, an Updated Safety Element provided as Exhibit B, a new
Environmental Justice Element, provided as Exhibit C, and adoption of an Addendum to
the Mitigated Negative Declaration, adopted for the 2014-2021 Housing Element
adoption, and the Environmental Impact Report for the 1999 General Plan provided as
Exhibit D attached hereto and incorporated by reference, and may be viewed on the
City's website www.sanivancaoistrano.org.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby directs staff to prepare, execute, and file a
Notice of Exemption with the County Clerk and with the Office of Planning and
Research within five (5) working days of the City Council's adoption of this Resolution.
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, 3240 Paseo Adelanto, San
Juan Capistrano, California 92575. The Development Services Director is the custodian
of the record of proceedings.
PASSED, APPROVED AND ADOPTED this 1St day of February 2022:
ATTEST:
MARIA MO RIS, CITY CLffR
DEREK REEVE, MAYOR
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2/1/2022
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY 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. 22-02-01-01 was duly adopted by the City Council of the City of
San Juan Capistrano at a Regular meeting thereof, held the 1St day of February 2022, by the
following vote:
AYES: I COUNCIL MEMBERS: Bourne, Taylor, Farias and Mayor Pro Tem Hart
NOES:/-- OUNCIL MEMBERS: None
ABSENT: gUNCIL MEMBERS: Mayor Reeve
S, CITY CLERK
2/1/2022