Resolution Number 86-6-3-3RESOLUTION NO. 86-6-3-3
141
UPHOLDING NEGATIVE DECLARATION FOR
GREAT WESTERN ANNEXATION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING
NEGATIVE DECLARATION FOR GREAT WESTERN
ANNEXATION
WHEREAS, the Environmental Review Board for the City of
San Juan Capistrano issued a negative declaration for posting on
May 2, 1986, for the proposed Great Western annexation; and,
WHEREAS, the annexation proposal proposes that an area
of land commonly known as the Great Western Savings parcel
consisting of approximately 12 plus acres adjacent to the south
City boundary line be annexed to the City of San Juan Capistrano;
and,
WHEREAS, the negative declaration has been appealed by
the Capistrano Beach Community Association by letter dated May 8,
1986; and,
WHEREAS, the City Council conducted a hearing on
June 3, 1986, regarding the above -stated appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of San Juan Capistrano as follows:
1. Findings.
The City Council hereby finds and determines that the
issuance of the negative declaration be upheld based upon the
following specific findings:
a. Appellant Capistrano Beach Community Association
has not presented any specific substantial
evidence establishing that the proposed annexation
may have a significant effect on the
environment. More specifically, the Appellant has
not presented substantial evidence establishing
any adverse change in any of the physical
conditions within the area affected by the Great
Western annexation with respect to any of those
elements described in Section 15382 of the State
Environmental Guidelines.
b. The annexation that the initial study and negative
declaration address would simply transfer land
from one political jurisdiction to another. This
transfer of land involves only a redrawing of
lines on City and County area boundary maps with
no physical changes to the environment.
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142C. The City of San Juan Capistrano has required that
an environmental impact report be prepared for the
Price Club project and associated discretionary
entitlements authorizing said project which shall
be located on or about the area subject to this
annexation. This environmental report will be
prepared when the Price Club submits specific
requests for zoning and architectural approvals.
d. Appellant's appeal letter contests the negative
declaration on the grounds that a focused fiscal
impact report, and related financial studies,
should be prepared for this annexation. The City
Council finds and determines that this is not an
adequate basis to require an environmental impact
report as state law does not mandate that an
environmental report be prepared to simply focus
on economic or social effects of a proposed
project.
PASSED, APPROVED AND ADOPTED this 3rd day of
June 1986
PHILLIPAC SCHWARTZE, AC TI PAYOR
ATTEST:
2IU
TY CLERK d
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 86-6-3-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
June 1 1986 , by the following vote:
AYES: Councilmen Bland,.
and Acting Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer and Mayor Friess
ABSTAIN: Councilman heim(SEAL)
MARY ANN HATWER, CI CL RK
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