Resolution Number 17-05-02-05RESOLUTION NO. 17-05-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION (MND) FOR THE EASTERN IRRIGATION WATER
SYSTEM PROJECT .
Whereas, the "Eastern Irrigation Water System Project" (the "proposed Project" or
"Project") includes construction of water pipelines and associated appurtenances for the
conveyance of irrigation water; and
Whereas, the City of San Juan Capistrano ("City") is both the entity carrying out the
Project, and the Lead Agency for the Project pursuant to the California Environmental
Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) and the State CEQA
Guidelines (Cal. Code Regs ., tit. 14, § 15000 et seq.); and
Whereas, to determine whether the proposed Project would result in potentially
significant impacts to the environment, the City directed preparation of an Initial Study
pursuant to CEQA; and
Whereas, the Initial Study concluded that all potentially significant adverse
environmental impacts that may result from the activities contemplated under the Project
can be mitigated to a level of insignificance, therefore the City's Environmental
Administrator has determined that a Mitigated Negative Declaration ("MND") shall be
issued for the proposed Project, and an MND was prepared pursuant to CEQA and the
State CEQA Guidelines;
Whereas, the City , as CEQA lead agency, publicly circulated for review a CEQA
Notice of Intent to adopt an Initial Study/Mitigated Negative Declaration on January 19,
2017, and pursuant to Section 15072 of the State CEQA Guidelines, provided a 30 day
public comment period from January 19, 2017 to February 20, 2017, and has otherwise
complied with all applicable provisions of CEQA; and,
Whereas, during the public comment period, copies of the MND and its technical
appendices were .available for review and inspection at City Hall and on the City's website;
and
Whereas, during the public review and comment period, the City received comment
letters from three agencies, including the Native American Heritage Commission, Orange
County Public Works, and the United States Fish and Wildlife Service; and
Whereas, while not required by CEQA, written responses were prepared for the
three comment letters received and these responses were incorporated into the Final
MND; and
5/2/2017
Whereas, the City Council has considered the Environmental Administrator's
determination pursuant to Section 1507 4 of the California Environmental Quality Act
(CEQA); and,
Whereas, adoption of the Mitigated Negative Declaration (MND), is subject to the
Mitigation Monitoring and Reporting Program (MMRP) which is attached hereto as Exhibit
"A" and incorporated herein; and,
Whereas, on May 2, 2017 at a regularly scheduled City Council meeting, the public
was afforded an opportunity to comment on the Project and MND/Initial Study, and the City
Council discussed and considered the Project, the MND/Initial Study, and all oral and
written comments provided to the City relating to the Project; and
Whereas, no comments made in the public hearing conducted by the City Council,
and no additional information submitted to the City Council, has produced substantial new
information requiring substantial revisions that would trigger recirculation of the MND or
additional environmental review of the Project under State CEQA Guidelines section
15073.5; and
Whereas, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, as follows :
SECTION 1. The above recitations are true and correct and adopted as the
findings of the City Council.
SECTION 2. As the decision making body for the proposed Project, the City
Council does hereby make the following findings as established by the California
Environmental Quality Act (CEQA) after having reviewed and considered the information
contained in the MND/Initial Study, and the entirety of the administrative record before the
City:
1. The City Council finds that the MND/Initial Study has been completed in
compliance with CEQA and the State CEQA Guidelines, contains a complete
and accurate reporting of the environmental impacts associated with the
proposed Project, and reflects the independent judgment of the City; and
2. The City Council finds on the basis of the evidence presented and the whole
record before it, including the MND/Initial Study, and oral and written
comments received, that there is no substantial evidence supporting a fair
argument that the Project, as mitigated, may result in a significant effect on
the environment; and
3. The Mitigation Monitoring and Reporting Program (MMRP), a copy of which
is attached hereto as Exhibit "A" and incorporated herein, will assure
2 5/2/2017
compliance with the mitigation measures during Project implementation; and
4. The record of proceedings on which the City Council's recommendation is
based is located at City Hall for the City of San Juan Capistrano, located at
32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of
record of proceedings is the Development Services Department
Administrative Specialist.
SECTION 3. The City Council hereby adopts the MND/Initial Study .
SECTION 4. The City Council hereby adopts the Mitigation Monitoring and
Reporting Program (MMRP) which is attached hereto as Exhibit "A" and
incorporated herein.
SECTION 5. The Development Services Director or his designee is hereby
authorized and directed to file a Notice of Determination with the County
Clerk's Office within five working days of adoption of this Resolution as
required by CEQA Guidelines Section 15075.
SECTION 6. The documents and materials associated with this Resolution
that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is
the custodian of the . record of proceedings
PASSED, APPROVED AND ADOPTED this 2nd day of May 2017 .
KRYUo~voR ...
3 5/2/2017
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 17-05-02-05 was duly adopted by the City Council
of the City of San Juan Capistrano at the Regular meeting thereof, held the 2nd day of May
2 1 7, by the following vote :
OUNCIL MEMBERS : Reeve, Patterson, Maryott, Farias and Mayor Ferguson
OUNCIL MEMBERS : None
OUNCIL MEMBERS : None
4 5/2/2017