Resolution Number 23-12-05-04
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RESOLUTION NO. 23-12-05-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE SECOND ADDENDUM
TO THE CERTIFIED EIR FOR THE RANCHO SAN JUAN
RESIDENTIAL PROJECT (SCH# 1998-031150)
WHEREAS, the Rancho San Juan Residential Project (“Project”) allows for the
construction of 155 single-family detached residential lots on 314 acres in two residential
development areas: the East Canyon Area and the West Canyon Area; and
WHEREAS, on May 21, 2002, the City of San Juan Capistrano (“City”) adopted
Resolution 02-05-21-07 to adopt the Revised and Recirculated Environmental Impact
Report (“EIR”) for the Project (SCH No. 1998-031150) in compliance with the California
Environmental Quality Act (“CEQA”) and State CEQA Guidelines; and
WHEREAS, on July 20, 2022, the City adopted Resolution 04-07-21-01 to adopt the
First Addendum to the EIR for the Project; and
WHEREAS, due to geological constraints within the West Canyon Area, the property
owner no longer plans to construct in the West Canyon Area and desires to use this area
as privately-owned open space to complete the compensatory mitigation requirements for
the Project (“Modifications”); and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in
furtherance of a project for which an EIR has already been certified, the City Council is
prohibited from requiring a subsequent or supplemental EIR unless at least one of the
circumstances identified in Public Resources Code section 21166 or State CEQA
Guidelines section 15162 and the City’s Local CEQA Guidelines, are present; and
WHEREAS, the City reviewed the Modifications in light of the standards for
subsequent environmental review outlined in Public Resources Code 21166, State CEQA
Guidelines and the City’s Local CEQA Guidelines; and
WHEREAS, based on that analysis, the City concluded that approval of the
Modifications does not require preparation of a subsequent or supplemental EIR because
there is no possibility for new significant environmental effects or a substantial increase in
the severity of previously identified significant environmental effects; and
WHEREAS, the City, as lead agency, has caused to be prepared a Second
Addendum to the EIR (“Second Addendum”), pursuant to CEQA, the State CEQA
Guidelines, and the City’s Local CEQA Guidelines, and a copy of Exhibit A – Second
Addendum is incorporated by reference and on file with The City Clerk’s Office; and
WHEREAS, the Second Addendum finds that no new significant environmental
impacts would occur and no substantially increased significant impacts disclosed in the
previous EIR or First Addendum would occur as a result of the Modifications; and
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WHEREAS, the City has independently reviewed and analyzed the information
contained in the Second Addendum together with the previous Environmental
Documentation, all other information in the administrative record, and all oral and written
testimony from interested parties, and has determined that all environmental effects of the
Modifications were fully examined and the conclusions of the Addendum reflect the
independent judgment of the City; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AS FOLLOWS:
SECTION 1. Compliance with the California Environmental Quality Act. The
Council has reviewed and considered the EIR, subsequent CEQA documents, and the
Second Addendum and finds that these documents taken together contain a complete
and accurate reporting of all of the potential environmental impacts associated with the
proposed Project. The Council further finds that the Second Addendum has been
completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local
CEQA Guidelines and contains a complete, objective, and accurate reporting of the
environmental impacts associated with the proposed Project, and reflects the
independent judgment and analysis of the Council.
SECTION 2. CEQA Findings. Based on the substantial evidence set forth in the
record, including but, not limited to, the EIR, subsequent CEQA documents, and the
Second Addendum, the Council finds that an addendum is the appropriate document for
disclosing the changes reflected in the proposed Project, and that none of the conditions
identified in Public Resources Code section 21166 and State CEQA Guidelines section
15162 or City’s Local CEQA Guidelines requiring subsequent environmental review have
occurred, because:
(a) The Modifications does not constitute a substantial change that would
require major revisions of the due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects.
(b) There is not a substantial change with respect to the circumstances under
which the Modifications will be developed that would require major revisions of the EIR
due to the involvement of new significant environmental effects or a substantial increase
in the severity of the previously identified significant effects.
(c) New information of substantial importance has not been presented that was
not known and could not have been known with the exercise of reasonable diligence at
the time the EIR was certified or adopted, showing any of the following: (i) that the
modifications would have one or more significant effects not discussed in the earlier
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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 analyzed previously would substantially reduce one or
more significant effects on the environment, but which the applicant declined to adopt.
SECTION 3. The Council adopts the Second Addendum.
SECTION 4. This Resolution takes effect upon adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Juan
Capistrano, California, at a regular meeting held on this 5th day of December 2023.
____________________________
SERGIO FARIAS, 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. 23-12-05-04 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th
day of December 2023, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
___________________________
MARIA MORRIS, CITY CLERK