Resolution Number 22-08-16-01 1 8/16/2022
RESOLUTION NO. 22-08-16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING 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 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, on February 1, 2022, the City Council adopted the 6th Cycle
Housing Element for 2021-2029; and
WHEREAS, on April 6, 2022, the City received a letter from the California
Department of Housing and Community Development (HCD) identifying revisions that
were needed before HCD would certify the adopted 6th Cycle Housing Element; 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 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
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and the Housing Element (5th Cycle) IS/MND, and therefore no subsequent EIR or
mitigated negative declaration is required; and
WHEREAS, the proposed changes would nonetheless necessitate minor
changes or additions to the General Plan PEIR and Housing Element (5th 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 revisions from August 3, 2022 through August 19, 2022; and,
WHEREAS, on August 19, 2022, the City Council conducted a public
hearing to receive public testimony on the contents of the draft Housing 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 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 (5th 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:
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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
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, 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 B attached
hereto and incorporated by reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby find that the proposed amended
Housing Element is 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
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identified as likely to be successful, the rezones would be to Specific Plans which allow
for mixed use developments.
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.
GOAL 4: Preserve major areas of open space and natural features.
The draft Housing Element does not propose to modify or threaten any designated open
space land uses, zones, or the city’s protected Ridgeline Buffer zones.
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.
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
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
additionally identifies growth within the existing residential land use designations
through the incorporation of ADUs city wide.
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, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
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PASSED, APPROVED AND ADOPTED this 16th day of August 2022.
_______
DEREK REEVE, MAYOR
ATTEST:
____________________________
MARIA MORRIS, CITY CLERK
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. 22-08-16-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
16th day of August 2022, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Pro Tem Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
___________________________
MARIA MORRIS, CITY CLERK