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Resolution Number CRA 04-10-19-01RESOLUTION NO. CRA 04-10-19-01 ' A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 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 of San Juan Capistrano Community Redevelopment Agency ("Agency") 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 of San Juan Capistrano Community Redevelopment Agency does hereby make the following findings: 1. 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 10-19-2004 San Juan Capistrano minimizes environmental impacts and is done in an environmentally sensitive manner. 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 of San Juan Capistrano Community Redevelopment Agency 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 ADOPTED this 19th day of October 2004. i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed Agency Secretary of the Community Redevelopment Agency of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. CRA 04.10-19-01 was duly adopted by the Board of Directors of the Community Redevelopment Agency at a regular meeting thereof, held the 19' day of October 2004, by the following vote: AYES: DIRECTORS: Allevato, Soto, Hart, Swerdlin, and Chairman Bathgate NOES DIRECT RS: None ABSENT: DIRECT RSA done 10-19-2004