Resolution Number 07-12-04-04RESOLUTION NO. 07-12-04 04
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CERTIFYING THE MITIGATED NEGATIVE
DECLARATION FOR CODE AMENDMENT (CA) 07-01 REGULATING
THE PROCESS AND REGULATIONS FOR MONUMENT SIGNS,
BUILDING -MOUNTED SIGNS, VIEW CORRIDOR SIGNS AND OFFICE
PARK SIGNS
WHEREAS, on May 9, 2007, the City Council adopted an interim urgency
ordinance requiring monument signs and building -mounted signs in all commercial and
retail zones to obtain Planning Commission approval; and
WHEREAS, on June 19, 2007 the City Council extended the urgency ordinance
and directed staff to prepare a sign code amendment; and
WHEREAS, on October 9, 2007 the Planning Commission recommended that the
City Council certify the Mitigated Negative Declaration and adopt an ordinance
regulating monument signs, building mounted signs, view corridor signs and office park
signs; and
WHEREAS, on November 6, 2007, the City Council conducted a duly noticed
public hearing regarding this proposed code amendment and continued the item; and
WHEREAS, on December 4, 2007, the City Council of the City of San Juan
Capistrano conducted a continued public hearing regarding the proposed code
amendment; and
WHEREAS, the Mitigated Negative Declaration and Initial Study were prepared
consistent with the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, potentially significant impacts related to aesthetics were identified
unless mitigation measures included in the ordinance are incorporated into the code
amendment; and
WHEREAS, the City Council carefully considered all oral and written testimony at
the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that:
Section 1. Pursuant to CEQA Guidelines Section 15063, an Initial Study has
been prepared for this project. After reviewing the Initial Study, the proposed Mitigated
Negative Declaration, and all comments received during the public review process and
the whole record before it, the City Council hereby:
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a. Determines that, with implementation of the identified mitigation measures in
the attached Ordinance, Code Amendment (CA) 07-01 (Signs) will not have a
significant impact upon the environment and an environmental impact report
is not required.
b. Approves the Mitigated Negative Declaration, attached hereto with the Initial
Study, reflecting the judgment of the City of San Juan Capistrano. Records
relating to the Initial Study and Mitigated Negative Declaration are retained in
the Planning Division of the City of San Juan Capistrano.
c. Determines, pursuant to Title 14, California Code of Regulation Section
753.5(c)(1), that, after considering the record as a whole, there is no evidence
that the proposed code amendment will not have the potential for any adverse
effect on wildlife resources of the habitat upon which the wildlife depends.
Furthermore, on the basis of substantial evidence, the City Council finds that
any presumption of adverse impact has been adequately rebutted, and
therefore, pursuant to Fish and Game Code Section 711.2 and Title 14,
California Code of Regulations Section 753.5 (a)(3), determines that the code
amendment shall not require the payment of Fish and Game Department
filing fees.
Section 2. The City Council hereby certifies the attached Mitigated Negative
Declaration and Initial Study.
PASSED, APPROVED AND ADOPTED third4' day of O-Aamber, 2007.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
zu
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 07-12-04-04 was duly adopted by the City Council of the City of San Juan Capistrano at a
Regular meeting thereof, held the 0 day of December 2007, by the following vote:
MEMBERS: Allevato, Hribar, Uso, Nielsen and Mayor Soto
MEMBER: None
MEMBER: None
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