PC Resolution-08-05-13-03PC RESOLUTION NO. 08-5-13-3
GENERAL PLAN CONFORMITY FINDING FOR THE SAN
JUAN CREEK CHANNEL WEST LEVEE PROTECTION
PROJECT, PHASE 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RENDERING A GENERAL PLAN CONFORMITY FINDING
FOR THE PROPOSED SAN JUAN CREEK CHANNEL WEST LEVEE PROTECTION
PROJECT, PHASE 1 (COUNTY OF ORANGE, RESOURCES DEVELOPMENT &
MANAGEMENT DEPARTMENT, NADEEM MAJAJ, P.E.)
Whereas, the Orange County Resources Development & Management
Department (RD&MD) has requested a General Plan conformity finding for the proposed
San Juan Creek Channel West Levee Protection Project, Phase 1, which includes from
approximately 1,700 feet upstream of Stonehill Drive to approximately 5,700 feet upstream
of Stonehill Drive (Station 72+00 to 112+00) located in the City of San Juan Capistrano;
and,
Whereas, by letter dated September 1, 2005, the City requested the
proposed project has been processed pursuant to Section 9-2.301, Development Review
of the Land Use Code; and,
Whereas, the Orange County Resources Development & Management Department
(RD&MD) has prepared an initial study pursuant to Section 15063 and 15064 of the CEQA
Guidelines, issued a mitigated negative declaration pursuant to Section 15070 of those
guidelines; and has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and,
Whereas, the City has reviewed and commented on the Mitigated Negative
Declaration (MND) and provided recommended mitigation to the Orange County
Resources Development & Management Department (RD&MD) regarding the protection of
the City's existing Groundwater Recovery Facility (GRF) wells located along San Juan
Creek; and,
Whereas, the Planning Commission has considered the proposed project for
General Plan conformity pursuant to California Government Code Section 65402.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
The record of historic flooding along San Juan Creek demonstrates that flood
events are becoming more severe and destructive and pose an eminent threat to
the public health and safety of the residents and businesses of San Juan
PC Resolution 08-5-13-3 2 May 13, 2008
Capistrano and require appropriate corrective action to protect the public health and
safety; and,
2. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the General Plan Safety Element which
establishes the Public Safety Goal to "Reduce the risk to the community from
hazards related to geologic conditions, seismic activity, wildfires, structural fires and
flooding."
3. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the General Plan Safety Element which
establishes the Public Safety Policy to "Protect the community from flooding hazards
by providing and maintaining flood control facilities and limiting development within
the floodplain. "
4. The proposed project will be designed to provide important public safety
improvements to the San Juan Creek levee to provide enhanced flood protection for
residents and businesses situated along the creek.
5. The proposed project will be designed to assure that the City's Groundwater
Recovery Facility (GRF) wells located along San Juan Creek will not be adversely
affected by the project by maintaining an appropriate level of inter -flow between the
creek channel and the groundwater basin as recommended by Psomas
Engineering, the City's engineering consultant.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby finds and determine that the
proposed project will be consistent with the General Plan pursuant to Section 65402 of the
California Government Code
PASSED, APPROVED AND ADOPTED this 13th day of May, 2008, by the
following vote, to wit:
AYES: Chairman Cohen and Commissioners Cardoza, Kerr, and Ratcliffe.
NOES: none
ABSTAIN: none
Sheldon Cohen, Chairman
Grant Taylor, As istant Planning Director