Adoption of an Interim Ordinance Prohibiting New Commercial Battery Energy Storage Systems within the City of San Juan Capistrano
Summary
SCH Number
2024050492
Public Agency
City of San Juan Capistrano
Document Title
Adoption of an Interim Ordinance Prohibiting New Commercial Battery Energy Storage Systems within the City of San Juan Capistrano
Document Type
NOE - Notice of Exemption
Received
Posted
5/10/2024
Document Description
An interim ordinance prohibiting new BESS facilities within the City of San Juan Capistrano while it studies and considers land use development policies and standards related to BESS facilities. (the “Project”).
Contact Information
Name
Paul Garcia
Agency Name
City of San Juan Capistrano
Job Title
Principal Planner
Contact Types
Lead/Public Agency
Phone
Location
Cities
San Juan Capistrano
Counties
Orange
Regions
Citywide
Zip
92675
Notice of Exemption
Exempt Status
Other
Type, Section or Code
Section 15060(c)(2); Section 15061(b)(3); Section 15269(c); Section 15308; Section 15308
Reasons for Exemption
This Project has been reviewed in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the Project is not subject to the CEQA (Public Resources Code Section 21000, et seq.) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, Section 15000 et seq) Section 15060(c)(2) [activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]. Here, the interim ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. As a result, this interim ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.
Alternatively, this interim ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment], and, in the alternative, 15307 [Class 7 categorical exemption for regulatory activity to assure the protection of natural resources], and, in the alternative, 15308 [Class 8 categorical exemption for regulatory activity to assure the protection of the environment]. Here, the interim ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. This activity is meant to ensure the protection of the environment and natural resources by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities.
Alternatively, this interim ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services. Here, the interim ordinance will prohibit certain projects from proceeding for a period of time during which the City will study the potential development. This activity is meant to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services by studying the hazards associated with BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for BESS facilities.
County Clerk
Orange
Attachments
Notice of Exemption
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