Resolution Number 04-10-19-01RESOLUTION NO. 04-10-19-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA REPEALING THE EXISTING
ENVIRONMENTAL REVIEW GUIDELINES ADOPTED JULY 5, 1994 AND
APPROVING THE CITY OF SAN JUAN CAPISTRANO LOCAL
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMETAL
QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET SEQ.) (2004
CEQA GUIDELINES).
Whereas, the California Legislature has amended the California Environmental
Quality Act ("CEQA") (Pub. Resources Code §§21000 et seq.) and the State CEQA
Guidelines (Cal. Code of Regs, tit. 14, §§15000 et seq.) and the California courts have
interpreted specific provisions of CEQA; and,
Whereas, Section 21082 of CEQA requires all public agencies to adopt objectives,
criteria and procedures for the evaluation of public and private projects undertaken or
approved by such public agencies, and the preparation, if required, of environmental
impact reports and negative declarations in connection with that evaluation; and,
Whereas, the City Council of the City of San Juan Capistrano ("City") must revise
the current Environmental Review Guidelines adopted by Resolution 94-7-5-1 on July 5,
1994, to make them consistent with current provisions and implementations of State Law
requirements; and,
Whereas, the Planning Director has determined that the project is exempt from the
provisions of CEQA pursuant to Article 19, Categorical Exemptions, Section 15308, Actions
by Regulatory Agencies for Protection of the Environment (Class 8), and the City has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (CEQA); and,
Whereas, the Planning Commission reviewed the proposed Guidelines at the public
noted meeting on September 14, 2004.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
General Plan Consistency — The "Local Guidelines for Implementing the
California Environmental Quality Act" will assist the City in carrying out the
development review process in accordance with State planning law and ensuring
that environmental impacts associated with a project are identified, mitigated,
and reduced in significance. The Guidelines are consistent with the General
Plan's objectives for ensuring that development within the City of San Juan
Capistrano minimizes environmental impacts and is done in an environmentally
sensitive manner.
10-19-2004
2. Title 9 Compliance - The document is consistent with the provisions of Title 9,
Section 9-2.201 which requires all land use and development review applications
to undergo environmental review in accordance with the CEQA and the City's
applicable regulations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby repeal Resolution 94-7-5-1 in its entirety and adopt
the "Local Guidelines for Implementing the California Environmental Quality Act"attached
to this resolution as Exhibit A, expressly incorporated by reference as if set out in full.
PASSED, APPROVED AND ADO
ATTEST:
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 04-10-19-01 was duly adopted by the City Council of the City of San Juan Capistrano at
a regular meeting thereof, held the 19th day of October 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto
NOES: COUNCIL MEMBERS: None
10-19-2004