Resolution Number 91-8-20-332'? 44,
RESOLUTION NO. 91-8-20-3
CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 88-02
PACIFIC POINT TMC COMMUNITIES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, MAKING FINDINGS WITH RESPECT TO
THE ENVIRONMENTAL IMPACTS OF GENERAL PLAN AMENDMENT 90-
08 AND REZONE 89-07 AND CERTIFYING ENVIRONMENTAL IMPACT
REPORT 88-02 (STATE CLEARING HOUSE NO. 89010046) (PACIFIC
POINT/TMC COMMUNITIES)
WHEREAS, the City of San Juan Capistrano wishes to approve an amendment to
Comprehensive Development Plan 81-1 (Forster Canyon Planned Community and
Comprehensive Development Plan) for the 256 -acre Pacific Point property located in the
City of San Juan Capistrano in Sections 12 and 13 of Township 8 South, Range 8 West of
the San Bernardino Base and Meridian; and,
WHEREAS, an Environmental Impact Report (EIR) has been prepared to address the
environmental effects, mitigation measures, and project alternatives associated with the
proposed amendment to the Comprehensive Development Plan; and,
WHEREAS, the Environmental Impact Report was prepared pursuant to the
requirements of the California Environmental Quality Act (CEQA), and the State CEQA
Guidelines; and,
WHEREAS, written and oral comments on the Environmental Impact Report were
received from the public and responsible agencies during and after the review period;
and,
WHEREAS, the San Juan Capistrano Planning Commission and City Council
conducted public hearing to receive all public testimony with respect to the
Environmental Impact Report; and,
WHEREAS, such documents and testimony were responded to through a Response to
Comments document and various staff reports submitted to the City of San Juan
Capistrano; and,
WHEREAS, the City Council of the City of San Juan Capistrano has reviewed all
environmental documentation comprising the Environmental Impact Report and has found
that the Environmental Impact Report considered all environmental effects of the
proposed project and is complete and adequate and fully complies with all requirements
of CEQA and the Guidelines; and,
WHEREAS, Section 21081 of CEQA and Section 15091 of the CEQA Guidelines
require that the Citv Council make one or more of the followine findines prior to
-1-
324'
approval of a project for which an Environmental Impact Report has been completed,
identifying one or more significant effects of the project, along with a statement of
facts supporting each finding:
1. Changes of alterations have been required in, or incorporated into the project
which mitigate or avoid the significant environmental effects thereof as
identified in the Environmental Impact Report.
2. Such changes of alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such findings
have been adopted by other such agency or can and should be adopted by such
other agency.
3. Specific economic, social, or other considerations make infeasible the
mitigation measures or other project alternatives identified in the
Environmental Impact Report; and,
WHEREAS, Section 15093(a) of the Guidelines requires the City Council to balance
the benefits of a proposed project against its unavoidable environmental risks in
determining whether to approve the project; and,
WHEREAS, Section 15093(b) requires, where the decision of the City Council allows
the occurrence of significant affects which are identified in the Environmental Impact
Report but are not mitigated, the District must state in writing the reasons to support its
action, based on the Environmental Impact Report or other information in the record;
and,
WHEREAS, this City Council has reviewed and considered all of the environmental
documentation prepared to evaluate the proposed project, including all elements of the
Environmental Impact Report; and,
WHEREAS, this City Council contemplates and directs continuing compliance with
CEQA and the Guidelines as necessary in the implementation of the phases and elements
of the project; and,
WHEREAS, this City Council by this Resolution adopts the Statement of Facts as
required by Section 15091 and 15093 of the Guidelines.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano, California, as follows:
1. The City Council does hereby certify the Final Environmental Impact Report
as complete and adequate in that it addresses all environmental effects of the
proposed project and fully complies with all requirements of the California
Environmental Quality Act and the State CEQA Guidelines. The Final
Environmental Impact Report is composed of the following elements:
a. Draft Environmental Impact Report
b. Appendices to the Draft Environmental Impact Report
-2-
C. City of San Juan Capistrano Planning Department staff report dated
August 20, 1991.
d. Minutes of the San Juan Capistrano Planning Commission meetings dated
April 23, May 14 and July 23, 1991.
e. Minutes of the San Juan Capistrano City Council meeting dated August
20, 1991.
f. Comments received on the Draft Environmental Impact Report and
responses to those comments.
g. All attachments, incorporation, and references delineated in a -f above.
All of the above information has been and will be on file with San Juan Capistrano
Planning Services Department, 32400 Paseo Adelanto, San Juan Capistrano, California.
2. The City Council makes the findings contained in the Statement of Fact with
respect to significant effects identified in the Final Environmental Impact
Report and finds that each fact in support of the findings is true and is based
upon substantial evidence in the record, including the Final Environmental
Impact Report. The Statement of Facts is attached hereto (Attachment A)
and incorporated herein by this reference.
3. The City Council finds that the Final Environmental Impact Report has
identified all significant environmental effects of the project and that there
are no known potential environmental effects not addressed in the Final
Environmental Impact Report.
4. The City Council finds that although the Final Environmental Impact Report
identifies certain significant environmental effects that will result if the
project is approved, all significant effects that can be feasibly mitigated or
avoided have been reduced to an acceptable level by the imposition of
mitigation measures on the approved project. All mitigation measures shall be
incorporated into conditions of approval.
5. The City Council finds that potential alternatives not incorporated into the
project (including the "No Project" alternative) were rejected as infeasible,
based upon specific economic, social, or other considerations as set forth in
the Statement of Facts and the Final Environmental Impact Report. A
Mitigation Monitoring Plan is contained in Appendix B.
6. The City Council finds that all unavoidable significant impacts of the project,
as identified in the Statement of Facts, that have been reduced to a level of
insignificance have been substantially reduced in their impacts by the
imposition of mitigation measures which shall be incorporated into conditions
of approval.
-3-
326"1
7. The City Council finds that the Final Environmental Impact Report has
described all reasonable alternatives to the project that could feasibly obtain
the basic objectives of the project (including the "No Project" alternative),
even when these alternatives might impede the attainment of project
objectives and might be more costly. Further, the City Council finds that a
good faith effort was made to incorporate alternatives in the preparation of
the Draft Environmental Impact Report and all reasonable alternatives were
considered in the review process of the Final Environmental Impact Report and
ultimate decisions on the project.
PASSED, APPROVED, AND ADOPTED this 20th day of August ,
1991.
ENNETH E. F ESS, M YOR
ATTEST:
CITY CLERK'
-4-
327
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, 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. 91-8-20-3 adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 20th day of August ,
1991, by the following vote:
AYES: Councilmen Jones, Buchheim, Vasquez
and Mayor Friess
NOES: None
ABSTAIN:
ABSENT:
(SEAL)
None
Councilman llausdorfer
-5-