Resolution Number 22-11-14-041 11/14/2022
RESOLUTION NO. 22-11-14-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, FINDING THAT AUTHORIZING
THE APPLICATION AND ADOPTING THE PERMANENT LOCAL
HOUSING ALLOCATION (“PLHA”) FOR THE PLHA PROGRAM IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
BECAUSE THE ACTION IS NOT A PROJECT SUBJECT TO CEQA OR
ALTERNATIVELY THAT IT IS EXEMPT PURSUANT TO THE
COMMON SENSE EXEMPTION
WHEREAS, the City Council of the City of San Juan Capistrano (“City”), a
California municipal corporation, hereby consents to, adopts, and ratifies the following
Resolution;
WHEREAS, the California Department of Housing and Community Development
(“HCD”) is authorized to provide up to $335 million under the SB 2 Permanent
Local Housing Allocation (PLHA) Program Formula Component from the Building
Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in
Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2));
WHEREAS, the City Council has authorized the application and adopted the
Permanent Local Housing Allocation for the Permanent Local Housing Allocation
(“PLHA”) for the PLHA Program through separate Resolutions 22-10-04-02 and 22-11-
14-03.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. CEQA. The City Council hereby finds that the adoption of this
Resolution is not a project under CEQA pursuant to State CEQA Guidelines, section
15378(b)(4) because the Resolution authorizes a funding mechanism that is or other
government fiscal activity that does not involve a commitment to any specific project
that may result in a potentially significant physical impact on the environment.
Alternatively and independently, the City Council finds that the adoption of this
Resolution exempt from further review under State CEQA Guidelines, section
15060(b)(3). The Resolution qualifies for the common sense exemption under State
CEQA Guidelines, section 15060(b)(3), because it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment. At this time, the City has yet to be awarded a funding allocation under
the PLHA Program. Moreover, the City has not yet identified a specific project for
which funds that the City may receive would be applied. Thus, at this time, there is no
possibility that this Resolution could lead to a physical change in the environment. If
the City receives a funding allocation, and the City identifies a housing project for on
which it wishes to spend the funds, the City will be required to evaluate that project
under CEQA.
2 11/14/2022
The City Council hereby directs staff to prepare, execute and file with the
Orange County Clerk Recorder a notice of exemption within five (5) working days of
approval of this Resolution.
SECTION 2. Certification & Effective Date. The City Clerk shall certify to the
adoption of this Resolution which shall be effective upon its adoption.
SECTION 9. 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 City Clerk is the custodian of records for the
record of proceedings.
PASSED, APPROVED, AND ADOPTED this 14th day of November 2022.
HOWARD HART, MAYOR PRO TEM
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. 22-11-14-04 was duly adopted by the City
Council of the City of San Juan Capistrano at a Adjourned Regular meeting thereof,
held the 14th day of November 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