Adoption of an Interim Ordinance Extending for a Second Time Urgency Ordinance No.1116 Prohibiting New Commercial Battery Energy Storage Systems within City SJC

2025030878

City of San Juan Capistrano

NOE - Notice of Exemption

3/20/2025

3/20/2025

Paul Garcia

City of San Juan Capistrano

AICP, Principal Analyst

Lead/Public Agency / Project Applicant

32400 Paseo Adelanto
San Juan Capistrano, CA 92675

(949) 443-6327

Pgarcia@sanjuancapistrano.org

Ortega Highway

92675

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CA

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San Ju

Other

Alternatively, this Interim Ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen wit

Here, this Interim Ordinance will extend the current prohibition on certain projects from being able to proceed 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 commercial BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for commercial BESS facilities. Currently, there are no commercial BESS facilities in the City. This Project merely preserves the status quo. Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 1116. 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 extend the current prohibition on certain projects from being able to proceed 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 commercial BESS facilities, such as unique fire and explosion hazards, for potential development of zoning regulations for commercial BESS facilities. Further, the 10-Day Report merely describes actions previously taken to alleviate the conditions which led to the adoption of Urgency Ordinance No. 1116. Therefore, the City Council has determined that further environmental evaluation is not required because: [X] The project is not subject to CEQA because it “does not involve the exercise of discretionary power,” or “will not result in a direct or reasonably foreseeable indirect physical change in the environment,” or, “is not a project as defined in Section 15378 of the CEQA guidelines.” (Sections 15060(c)(1), (2) & (3)); and, [X] “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA” (Section 15061(b)(3)); and, [X] The project is statutorily exempt, Section 15269(c), Ministerial Project (Sections 15260-15277); and, [X] In the alternative, the project is categorically exempt per State CEQA Guidelines, 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].