Adoption of an Interim Ordinance Prohibiting New Commercial Battery Energy Storage Systems within the City of San Juan Capistrano

2024050492

City of San Juan Capistrano

NOE - Notice of Exemption

5/10/2024

5/10/2024

Paul Garcia

City of San Juan Capistrano

Principal Planner

Lead/Public Agency

32400 Paseo Adelanto
San Juan Capistrano, CA 92675

(949) 443-6327

pgarcia@sanjuancapistrano.org

92675

Other

Section 15060(c)(2); Section 15061(b)(3); Section 15269(c); Section 15308; Section 15308

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.