Resolution Number 04-08-31-01RESOLUTION NO. 04-08-31-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
AND ADOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS FOR J SERRA HIGH SCHOOL SOUTH CAMPUS, A
PROPOSED ATHLETIC AND RECREATIONAL FACILITY ON
APPROXIMATELY 29 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF CAMINO CAPISTRANO AND JUNIPERO
SERRA ROAD (APN 649-011-30, 649-011-25)
WHEREAS, on February 26, 2003 Pueblo Serra Inc. submitted an application for
an Architectural Control (AC) and a Development Agreement approval to permit
development of recreational and athletic facilities on approximately 29.2 acres of land
located at the southeast corner of Camino Capistrano and Junipero Serra Road, in
order to support and expand an existing private high school known as J Serra High
School (located on approximately 9 acres of land at the northeast corner of Junipero
Serra Road and Camino Capistrano); and,
WHEREAS, the proposed project includes development of a gymnasium;
swimming pool; baseball, soccer and softball fields; volleyball, basketball and tennis
courts; a football/track/soccer field; parking; pedestrian bridge linking the two portions of
the campus; and a performing arts center; and
WHEREAS, on July 28, 2003 the Environmental Administrator required
preparation of an Environmental Impact Report (EIR) pursuant to Section 15081 of the
CEQA Guidelines and issued the Notice of Preparation (NOP) pursuant to Section
15082 of those guidelines, and on December 17, 2003 the NOP was re -circulated to
clarify the project description and subsequently the Environmental Administrator
oversaw the preparation of the draft environmental impact report (DEIR) pursuant to
Section 15084 of those Guidelines, and on March 22, 2003 issued a Notice of
Completion(NOC) pursuant to Section 15085 of those Guidelines, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act
(CEQA) and mitigation measures have been included in this approving resolution as
conditions of approval; and,
WHEREAS, the Planning Commission conducted duly -noticed public meetings
on July 13, 2004, July 27, 2004, and August 10, 2004 on the proposed project and has
considered all relevant public testimony, written comments, the EIR, and written and
oral staff reports. At the meeting of August 10, 2004 the Planning Commission took
action to deny the Architectural Control and took no action on the EIR; and
WHEREAS, on August 11, 2004, an appeal was received from the applicant
seeking to overturn the Planning Commission action, said appeal being duly completed
and processed in accordance with Municipal Code Section 9-2.311; and
08-31-2004
WHEREAS, the City Council conducted a duly -noticed meeting on August 31,
2004 on the appeal and the proposed project and has considered all relevant public
testimony written comments, the EIR, and written and oral staff reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. Pursuant to Sections 15080 through 15089 of the California Environmental
Quality Act, the City has complied with all applicable provisions related to
the public notice, preparation, and public review of the draft and final
Environmental Impact Reports and has complied with all applicable
provisions of the City's Environmental Review Guidelines.
2. The Environmental Impact Report for JSerra High School (South campus)
fully analyzes environmental impacts associated with Architectural Control
(AC) 02-07 and the associated Development Agreement, and was
presented, reviewed and considered by the City Council and reflects the
City Council's independent judgment and analysis.
3. The Environmental Impact Report contains mitigation measures to
eliminate and/or substantially lessen all significant effects on the
environment to the extent feasible.
4. Any remaining significant effects on the environment found to be
unavoidable under CEQA Section 15091 are acceptable due to overriding
considerations as set forth in the attached Findings of Fact and Statement
of Overriding Considerations (Attachment 1).
5. Attachment 1 of this resolution is expressly incorporated by reference as if
set out in full and identifies substantial evidence for the record considered
by the City Council in making these findings, including general findings,
findings on impacts, findings on alternatives, findings on growth inducing
aspects of the projects, findings regarding irreversible environmental
changes, and a statement of overriding considerations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby certifies the Final Environmental Impact Report for
AC 02-07, an architectural control application to permit development of recreational and
athletic facilities on approximately 29.2 acres of land located at the southeast corner of
Camino Capistrano and Junipero Serra Road, and the associated Development
Agreement, based on the facts, findings, and overriding considerations set forth in this
resolution.
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PASSED,APPROVED,AND
ATTEST:
JOE SOTO, MAYOR
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
of August 2004.
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-08-31-01 was duly adopted by the City
Council of the City of San Juan Capistrano at an adjourned regular meeting thereof, held the
315` day of August 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Hart & Mayor Soto
NOES: COUNCIL MEMBERS: Bathgate
ABSTAIN: COUNC14 MEMBERS: N_ j[V,6 /2, one
---y
R. MONAHAN, City Clerk
3 08-31-2004