Resolution Number 91-12-3-5107
RESOLUTION NO. 91-12-3-5
TIFYING A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE
DECLARATION FOR THE SOURCE REDUCTION AND RECYCLING
ELEMENT AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT
WHEREAS, the State Legislature passed Assembly Bills 939 and 2707, which
require each city in the State to reduce by 25% in 1995, and by 50% in 2000, the amount
of solid waste normally disposed in landfills; and,
WHEREAS, pursuant to said Bills, cities are required to prepare and adopt
Elements which describe how they will achieve the State -mandated solid waste diversion
and reduction goals; and,
WHEREAS, these Source Reduction and Recycling Elements and Household
Hazardous Waste Elements fall under the definition of a "project" under the California
Environmental Quality Act (CEQA) Guidelines Section 15378, requiring compliance with
the California Environmental Quality Act; and,
WHEREAS, on July 9, 1991, City of San Juan Capistrano Environmental
Review Board considered the findings contained in the initial study for this project
prepared by R. W. Beck and Associates and dated June, 1991, and unanimously approved a
motion to issue a negative declaration.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby:
A. After reviewing the Initial Study, the proposed Negative Declaration,
and all comments received during the public review process, the City
Council as a result of its review of the aforementioned documents,
confirms the Environmental Review Board's action to issue a Negative
Declaration and authorizes the issuance of a Notice of Determination
pursuant to California Environmental Quality Act Guidelines Section
15075 certifying the Negative Declaration.
B. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1),
the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed Project will have the
potential for any adverse affect on wildlife resources or the habitat
upon which the wildlife depends. Furthermore, on the basis of
substantial evidence, the City Council hereby finds that any
presumption of adverse impact has adequately been rebutted.
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Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14,
California Code of Regulations Section 753.5(aX3), the Project is not
required to pay Fish and Game Department filing fees.
PASSED, APPROVED, AND ADOPTED this 3rd day
Of December , 1991.
GIL JONES, MAYOR
ATTEST:
Lai I Waal 44,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 91-12-3-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 3rd day
of December , 1991, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON-, CITY CLERK
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