Resolution Number 22-04-05-01RESOLUTION NUMBER 22-04-05-01
RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION
AND A MITIGATION MONITORING AND REPORTING PROGRAM
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
SAN JUAN CAPISTRANO SKATEPARK PROJECT (RZ 21-003) (CA 21-
005)
WHEREAS, the City of San Juan Capistrano seeks to develop approximately
42,575 square feet of recreational space that would consist of a new skatepark, new
playground, restroom building, raised berm seating, and landscaping on a project site that
is located within the southwestern part of the City adjacent to the City's Sports Park and
within the City -owned 28 -acre parcel known as the Kinoshita Farm Property located at
32681 Alipaz Street, directly north of Camino Del Avion (the "Project"); and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code, § 21000 et seq.), and the State CEQA Guidelines (California Code of
Regulations, title 14, § 15000 et seq.) (collectively, "CEQA"), an Initial Study analyzing all
potential impacts of the Project was prepared for the City's consideration as the lead
agency under State CEQA Guidelines section 15063; and
WHEREAS, on the basis of the Initial Study, which indicated that all potential
environmental impacts from the Project would be less than significant with the
incorporation of the mitigation measures in the Mitigation Monitoring and Reporting
Program ("MMRP"), the City's Environmental Administrator determined that a Mitigated
Negative Declaration ("MND") should be prepared; and
WHEREAS, the Draft Initial Study/MND was prepared in accordance with CEQA
and the State CEQA Guidelines; and
WHEREAS, the City has otherwise complied with all applicable provisions of
CEQA for the Project; and
WHEREAS, all comments were received, considered and responded to from the
public, as well as any responsible, trustee, and interested agencies, on the Initial
Study/MND; and
WHEREAS, at a City Council meeting on April 5, 2022, the City Council held a duly
noticed public hearing to consider the Final Initial Study/MND, the MMRP, the Project,
and public testimony; and
WHEREAS, the findings and conclusions made by the City Council 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 this reference
and are not based solely on the information provided in this Resolution; and
4/5/2022
WHEREAS, the City Council has reviewed and considered the Final Initial
Study/MND and all other relevant information contained in the administrative record
regarding the Project, including all oral and written evidence presented to it during all
meetings -and -hearings; and—
WHEREAS,
nd WHEREAS, the MND reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments made in the public meeting conducted by the City
Council, and no additional information submitted to the City Council, and no other
circumstances have produced substantial new information requiring substantial revisions
that would trigger recirculation of the MND or additional environmental review of the
Project under State CEQA Guidelines section 15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Juan
Capistrano as follows:
1. The matters set forth in the recitals to the Resolution are true and correct
statements and are incorporated herein as substantive findings of this Resolution.
2. As the decision-making body for the Project, the City Council has reviewed
and considered the Final Initial Study/MND and administrative record for the Project,
including all oral and written comments received during the comment period. Based on
the City Council's independent review and analysis, the City Council finds that the Final
Initial Study/MND and the administrative record contain a complete and accurate
reporting of the environmental impacts associated with the Project, and that the Final
Initial Study/MND has been completed in compliance with CEQA and the State .CEQA
Guidelines.
3. Based on the Final Initial Study/MND and the administrative record,
including all written and oral evidence presented to the City Council, the City Council finds
that all environmental impacts of the Project are less than significant with the mitigation
set forth in the MND and the MMRP. The City Council further finds that there is no
substantial evidence in the administrative record supporting a fair argument that the
Project may result in significant environmental impacts. The City Council finds that the
Final Initial Study/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 Council. No new significant environmental effects have been
identified in the Final Initial Study/MND and any changes to the Final Initial Study/MND in
response to comments or otherwise do not constitute substantial revisions requiring
recirculation under State CEQA Guidelines section 15073.5.
4. The City Council approves and adopts the Final Initial Study/MND attached
to this Resolution as Exhibit "A", and incorporated herein by reference, and prepared for
the Project pursuant to Public Resources Code section 21080, subdivision (c)(2).
2 4/5/2022
5. Pursuant to Public Resources Code section 21081.6, the City Council
approves and adopts the MMRP prepared for the Project and attached to this Resolution
as Exhibit "B", and incorporated herein by reference, and made a condition of Project
approval.
6. The City Council directs staff to file a Notice of Determination with the
Orange County Clerk and the Office of Planning and Research within five (5) working
days of approval of the Project.
7. The custodian of documents constituting the record of proceedings for this
matter is the City Clerk of the City of San Juan Capistrano. The documents constituting
the record of proceedings for this matter are located at City Hall at 32400 Paseo Adelanto,
San Juan Capistrano, CA 92675.
The foregoing Resolution was adopted at a meeting of the City Council of the City
of San Juan Capistrano on April 5, 2022, and is effective immediately.
PASSED, APPROVED, AND ADOPTED this 5th day of Aprii.
. ). � aootso�
I
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
DEREK REEVE, MAYOR
ss.
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 22-04-05-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th
day of April 2022, by the following vote:
AYES: OUNCIL MEMBERS:
NOES: ' NCIL MEMBERS
4SE TJ: UUNCIL MEMBERS
RRIS, CITY CLI�RK
Bourne, Taylor, Farias, Hart and Mayor Reeve
None
None
4/5/2022