PC Resolution-04-02-10-01PC RESOLUTION NO. 04-02-10-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, RECOMMEND1 NG CERTl FICATION
OF A MITIGATED NEGATIVE DECLARATION AND RECOMMENDING
APPROVAL OF PRELIMINARY DESIGN PLANS FOR THE
CONSTRUCTION OF AN INITIAL FOUR MILLION GALLON AND A
FUTURE FOUR MILLION GALLON TERMINAL RESERVOIR. (760 ZONE
SC-04 SOUTH TERMINAL RESERVOIRS/ SOUTH OPEN SPACE)
WHEREAS, The City’s Public Works Department in implementing the City’s
Master Water Plan, has requested approval of preliminary design concepts for Capital
Improvement Project 791. The project involves grading of approximately 15 acres, the
construction of an initial 4.0 million gallon (mg) reservoir and a future 4.0 mg reservoir, the
construction of a 20-foot wide maintenance access road from the terminus of Calle
Delgado to the reservoirs, a 480 square foot chloramination facility, and appurtenant water
feed and distribution lines. The site is located within the Glendale Federal Planned
Community (CDP 81-02) approximately 1.5 miles east of the 1-5 and at the head of
Reservoir Canyon, which connects to the terminus of Calle Delgado in the Meredith
Canyon neighborhood. The area in which the reservoirs would be located is commonly
referred to as the “South Open Space.” which is General Plan-designated “GOS” (General
Open Space), and classified as “PC” Planned Community (CDP 81-02) on the Official
L Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.337, Public Improvement Plans and Outside Agency Development Review of the Land
Use Code; and,
WHEREAS, this project has been processed and reviewed in accordance
with the California Environmental Quality Act (1 970). The City’s Environmental
Administrator (EA) has reviewed this project and has issued a Mitigated Negative
Declaration and caused a Notice of Negative Declaration to be posted pursuant to Section
15072 of the CEQA Guidelines, and all mitigation measures have been included herein,
and the City has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA); and,
WHEREAS, the Mitigated Negative Declaration was distributed for a 30-day
review period which ended on January 2,2004 and the Governor’s Office of Planning and
Research State Clearinghouse notified the City that no State agencies commented on the
proposed Mitigated Negative Declaration; and,
WHEREAS, the City has made modifications to the grading plan which
substantially reduce impacts to biological resources over which federal and state resource
agencies have permitting authority; and,
PC Resolution No. 04-02-1 0-1 2 February 10,2004
- WHEREAS, the Commission hereby incorporates the wetlands
determination, revised grading plan and proposed 4(d) concurrence request into the
Mitigated Negative Declaration; and
WHEREAS, a mitigation monitoring and reporting program (MMRP) has been
prepared to meet the requirements of CEQA s21081.6 which is designed to ensure
compliance with project revisions and mitigation measures imposed to avoid or
substantially lessen the significant effects identified in the Mitigated Negative Declaration
(MND) , which is incorporated herein by reference; and,
WHEREAS, CEQA requires that the City make findings prior to approval of
a project for which an Mitigated Negative Declaration (MND) has been completed that all
identified significant impacts have been reduced to a level of insignificance; and
WHEREAS, the City has initiated contact necessary for project approval with
the following agencies: U.S. Fish & Wildlife Service, California Department of Fish and
Game, Army Corps of Engineers and California Regional Water Quality Control Board;
and,
WHEREAS, pursuant to Public Resources Code s21089, this project requires
the filing of California Department of Fish and Game fees in accordance with Section 71 1.4
of the Fish and Game Code; and, - WHEREAS, the Mitigated Negative Declaration (MND) assumed permanent
and temporary environmental impacts to vegetation associated with the project in the
amount of 8.0 acres of Coastal Sage Scrub under the revised project grading scheme; and,
WHEREAS, the project analyzed in the Mitigated Negative Declaration (MND)
would have resulted in an impact to biological resources of 55 acres; and,
WHEREAS, the Planning Commission conducted duly noticed public
meetings on January 27 and February IO, 2004 pursuant to Section 9-2.313 of the
Municipal Code to consider public testimony on the proposed project.
NOW, THEREFORE, the Planning Commission hereby makes the following
findings based on substantial evidence in the record:
1. Pursuant to CEQA §I 5074, all environmental documentation comprising the
Mitigated Negative Declaration (MND) considers all environmental effects of the
proposed project, and is complete and fully complies with all requirements of CEQA
and the Guidelines; and,
2. The Mitigated Negative Declaration is complete in that it addresses all
environmental effects of the proposed project and fully complies with the
PC Resolution No. 04-02-1 0-1 3 February 10,2004
- requirements of the California Environmental Quality Act and State CEQA
Guidelines.
3. Subsequent consultations and permit applications with Federal and State resource
agencies have resulted in a redesign of the project which reduces grading impacts
to-sensitive biological resources as follows:.
PERMANENT IMPACTS
Coastal Sage Scrub (CSS)
CSS/Annual Grassland (AnG)
Ruderal
TOTAL
TEMPORARY IMPACTS
Coastal Sage Scrub (CSS)
CSS/Annual Grassland (AnG)
Ruderal
TOTAL
TOTAL IMPACTS
2.2 acres
0.8 acres
1.9 acres
4.9 acres
5.8 acres
2.4 acres
2.0 acres
10.2 acres
15.1 acres
4. The Mitigation Monitoring Program provides a systematic program to ensure
implementation of the mitigation measures identified in the Mitigated Negative
Declaration (MND); and,
5. No significant new information has been added to the Mitigated Negative
Declaration pursuant to CEQA Guidelines $1 5073.5, such that recirculation for
additional public review is necessary.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Public Services & Utilities Element
because the two proposed four million gallon reservoirs will assist in ensuring that
the City maintains the ability to provide the required domestic water storage
capacity, as well as high-quality, dependable water service to the community; and,
2. The proposed project has been designed in a manner consistent with the San Juan
Capistrano Open Space Master Plan, in that the Domestic Water Master Plan
(DWMP) identifies the construction of two 4 MG reservoirs (760 Zone SC-04) in the
City’s South Open Space in order to provide necessary and required additional
storage capacity for domestic water; increased storage capacity and associated
PC Resolution No. 04-02-1 0-1 4 February 10,2004
- pipelines will assist in providing higher levels of water service to the existing and
proposed developments located in the southern part of the City, and will contribute
to the implementation of the Plan’s goal of increasing the domestic water storage
capacity for the City from two days to five days; and,
3. The proposed project complies with all applicable provisions of the City’s
administratively approved Public Facility Standards for public works projects.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend certification of
a Mitigated Negative Declaration, and recommends approval of preliminary design plans
for the project, including revised grading plans which reduce significant environmental
impacts, subject to the following mitigation measures:
1. The reservoir site is within an earthquake-induced landslide hazard zone.
Recommendations for site development that would reduce landslide potential to
less than significant shall be identified by a qualified geotechnical engineer. The
recommendations shall be made conditions of project approval and implemented
prior to reservoir construction and operation.
2. Final slopes shall be no steeper than 2:l consistent with the City’s Title 9, Land Use
Code standard (revised).
1 3. Soils at the reservoir site have a high expansion potential. Recommendations for
site development that would reduce impacts associated with expansive soils shall
be identified by a qualified geotechnical engineer. The recommendations shall be
made conditions of project approval and implemented during grading operations.
4. Soils at the reservoir site are expected to be corrosive. Construction material
recommendations shall be specified by a qualified geotechnical and/or soils
engineer. The recommendations shall be made conditions of project approval and
implemented during project construction.
5. The project shall be designed and constructed in accordance with the stormwater
pollution control requirements of the California Regional Water Quality Control
Board - San Diego Region. Prior to the issuance of a grading permit, the applicant
shall file a Notice of Intent with the California Regional Water Quality Control Board
- San Diego Region to comply with the applicable NPDES requirements. A Notice
of Termination shall be filed once construction is completed.
6. Prior to grading, a stormwater pollution prevention plan (SWPPP) for site
construction shall be prepared and shall be implemented throughout each
construction phase. The SWPPP shall contain Best Management Practices for
erosion and sediment control, and water quality protection including a) routine
cleaning of construction areas to remove sediment and any spilled materials; b)
PC Resolution No. 04-02-10-1 5 February 10,2004
control of fuel, lubricants, and any other hazardous materials stored or used in the
project area; c) strict control of site litter and preservation of vegetation; d) control
of wash down discharges from the project site; e) sediment tracking control; and f)
wind erosion control. The California Regional Water Quality Control Board - San
Diego Region shall be included in the review and approval process of the SWPPP.
7. Develop and implement a construction management plan consistent with SCAQMD
Rule 403 that includes the following measures recommended by the SCAQMD, or
equivalently effective measures approved by the SCAQMD:
a. Maintain equipment and vehicle engines in good condition and in proper tune
as per manufacturers’ specifications and per SCAQMD rules, to minimize
exhaust emissions.
b. Suspend use of all construction equipment operations during second stage
smog alerts. Contact the SCAQMD at (800) 242-4022 for daily forecasts.
c. Use electricity from power poles rather than temporary diesel- or gasoline-
powered generators.
d. Use methanol- or natural gas-powered mobile equipment instead of diesel
if readily available at competitive prices.
e. Use propane- or butane-powered on-site mobile equipment instead of
gasoline if readily available at competitive prices.
8. Develop and implement a dust control plan consistent with SCAQMD Rule 403 that
includes the following measures recommended by the SCAQMD, or equivalently
effective measures approved by the SCAQMD:
a. Apply approved non-toxic chemical soil stabilizers according to
manufacturer’s specification or other measures agreed to by the City to all
inactive construction areas (previously graded areas inactive for four days or
more).
b. Replace ground cover in disturbed areas as quickly as possible.
c. Enclose, cover, water twice daily, or apply approved soil binders to exposed
piles (i.e., gravel, sand, dirt) according to manufacturers’ specifications.
d. Water active grading sites at least twice daily.
e. Suspend all excavating and grading operations when wind speeds (as
instantaneous gusts) exceed 25 mph.
PC Resolution No. 04-02-10-1 6 February 10,2004
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f. Provide temporary wind fencing consisting of three- to five-foot barriers with
50 percent or less porosity along the perimeter of sites that have been
cleared or are being graded, if necessary.
g. All trucks hauling dirt, sand, soil, or other loose materials are to be covered
or should maintain at least two feet of freeboard (i.e., minimum vertical
distance between top of the load and the top of the trailer), in accordance
with Section 231 14 of the California Vehicle Code.
h. Install wheel washers where vehicles enter and exit unpaved roads onto
paved roads, or wash off trucks and any equipment leaving the site each trip.
i. Apply water three times daily or chemical soil stabilizers according to
manufacturers’ specifications to all unpaved parking or staging areas or
unpaved road surfaces.
j. Enforce traffic speed limits of 15 mph or less on all unpaved roads and trails.
Signs shall be posted on the trails informing users that the trails would be used by
construction vehicles. The signs shall identify the duration of the construction, and
the days of the week and hours that construction vehicles are expected to use the
trails. Flagmen shall be placed at points on the trails where visibility may be
compromised.
Construction vehicle speeds on the trails shall be set by the City of San Juan
Capistrano Department of Public Works and shall be posted along all trails.
The permanent loss of coastal sage scrub as coastal California gnatcatcher habitat
shall be mitigated at a 1:l or 2:l ratio based on the habitat integrity and quality of
habitat on the site. Mitigation shall be in the form of in-lieu payments of $25,000.00
per acre of disturbance at the appropriate ratio based on the assessed value of the
coastal sage scrub being disturbed.
If there are temporary impacts associated with the implementation of this project,
coastal sage scrub habitat shall be re-established for a result of no net loss of this
habitat type, and in-lieu payments of $25,000 per acre at a 1:l ratio for temporary
impacts to areas that are high quality coastal sage scrub.
A formal determination/delineation of jurisdictional waters and streambeds shall be
conducted at Reservoir Canyon during the rainy season. If jurisdictional waters are
found within the proposed graded area of Reservoir Canyon, permits to grade in the
canyon shall be obtained from the ACOE, CDFG and Regional Water Quality
Control Board - San Diego Region prior to grading operations. The City of San
Juan Capistrano may be required to mitigate the impacts to Reservoir Canyon as
part of the permit process. Depending upon the requirements to implement the
PC Resolution No. 04-02-10-1 7 February 10,2004
project, mitigation may include such measures as avoidance, enhancement of
existing on- or off-site waters and streambeds, the payment of in-lieu fees to a
recognized conservation bank and/or restoration as deemed practicable by the
jurisdictional agencies.
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Construction activities proposed near areas that support nesting bird habitat
(grasslands, shrubs and trees) shall be planned to avoid the breeding season of
these and other potentially occurring special-status bird species. If construction
activity occurs within the nesting period, a nesting bird survey shall determine the
absence or presence of active bird nests. If active nests are present within the
proposed grading area or within its vicinity (within 50 feet for common birds or 300
feet for raptors), a fence barrier shall be erected around the nest site. Construction
activities shall not be permitted within the exclusion zone until the young birds have
fledged, as determined by a qualified biologist.
Due to construction activities within or adjacent to special-status species and
habitat, a biological monitor shall be retained during grading operations.
The project shall comply with the requirements of Section 9-3.51 9, Fuel Modification
Standards, of the City’s Municipal Code.
All access to the reservoir site and proposed maintenance access road by grading
and construction vehicles shall be via Camino Las Ramblas to the existing City trail
system. Construction vehicles shall be prohibited on local streets.
All stationary construction equipment in close proximity to residential uses shall be
maintained in good condition, and shielded with temporary sound barriers, sound
aprons, or sound skins so that, to the extent feasible, construction noise does not
exceed 65 dB(A) at the nearest residential property line.
No motorized construction equipment in close proximity to residential uses shall be
left idling when not in use.
Power generators shall be discouraged in close proximity to residential uses. To the
extent feasible, construction equipment used shall be powered by available
electrical lines instead of gasoline or diesel fuel.
After construction of the initial 4.0 mg reservoir and then again after the second
reservoir is constructed in 2010-201 2, the City of San Juan Capistrano Department
of Public Works shall inspect Camino Las Ramblas and the trails utilized by project
construction vehicles and make repairs as necessary to restore the facilities to their
pre-construction conditions.
The construction contractor shall recycle construction wastes and greenwastes to
the extent feasible by maintaining separate receptacles for both.
PC Resolution No. 04-02-10-1 8 February 10,2004
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The construction contractor shall coordinate with the solid waste handlers to ensure
the recyclables from the construction are delivered to the appropriate facility for
further processing.
The City of San Juan Capistrano shall ensure that greenwastes from routine
maintenance at the reservoir site are delivered to a local composting facility or are
chipped on site and used as mulch.
In the event that paleontological and archaeological resources are unearthed during
project grading and trenching activities, all earth disturbing work shall be temporarily
suspended or redirected until a City-approved archaeologist has evaluated the
nature and significance of the find. After the find has been appropriately mitigated,
if necessary, work in the area may resume. A Native American shall monitor any
mitigation work associated with prehistoric cultural finds, if any.
If human remains are unearthed, California Health and Safety Code Section 7050.5
requires that no further disturbance shall occur until the County Coroner has made
the necessary findings as to origin and disposition pursuant to Public Resources
Code Section 5097.98. If the remains are determined to be of Native American
descent, the Coroner has 24 hours to notify the Native American Heritage
Commission.
Prior to issuance of a grading permit, the Public Works Department shall submit
dust control plans/procedures for managingkeducing dust and PM,, emissions
associated with grading and construction to the satisfaction of the Planning Director
or his designee. Plans/procedures for PM,, emissions reduction will be consistent
with South Coast Air Quality Management District (SCAQMD) Rule 403 and may
include use of soil binders, truck washing, street sweeping, periodic watering of
stockpiles, and regularvehicle maintenance. Implementation of the PM,, emissions
plans and procedures shall be utilized during all demolition, excavation, grading,
and construction activities for this project.
During periods when average wind speeds exceed twenty-five (25) miles per hour,
the City’s grading inspector shall have the authority to require the project to cease
all grading activity, or implement extraordinary air quality mitigation to effectively
reduce fugitive dust emissions (PM,,).
Water Quality Requirements and Compliance. Prior to issuance of grading, the
Public Works Department shall submit to the City Engineer for review and shall
obtain approval for a Water Quality Management Plan(WQMP), specifically
identifying structural and non-structural Best Management Practices (BMP’s) that
will be used on-site to control predictable pollutant runoff. The contractor shall
obtain and follow the City of San Juan Capistrano’s WQMP outline and instructions.
The contractor shall also comply with all the requirements of the latest National
PC Resolution No. 04-02-10-1 9 February 10,2004
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PDF-1
Pollutant Discharge Elimination System (NPDES) Permit, the City's Water Quality
Ordinance and the Clean Water Act. (Engr.).
Prior to issuance of any grading, the City shall prepare and submit detailed
hydraulic/hydrologic report which evaluates drainage areas, storm water runoff,
existing and proposed storm water drainage facilities to the satisfaction of the City
Engineer. Prior to issuance of any building or grading permits, the City Engineer or
his designee shall determine that the existing public storm water drainage facilities
potentially impacted by the project are adequate to accommodate all drainage
associated with the subject proposal. The City Engineer may require upgrade of the
existing public storm water drainage facilities in order to accommodate the project's
runoff.
The proposed storm water drainage system design shall comply with the City's
adopted "storm water management regulations and policies" and subject to review
and approval by the City Engineer or his designee.
All construction activities shall take place only between the hours of 7:OO A.M. and
6:OO P.M. (Monday through Friday). Construction activity shall be prohibited on
Saturdays, Sundays, and Federal holidays.
Submit Haul Route Plan. For importation / exportation of soil in and out of the
project site, the Public Works Department shall submit to the City Engineer for
review and obtain approval for, a Haul Route Plan specific to the project and in
compliance with all applicable City standards. (Engr.).
Obtain Haul Route Permit. Prior to issuance of grading or demolition permits, the
Public Works Department shall obtain a Haul Route Permit from the Engineering
Division which will specify the dates and times and head ways for hauling activities.
(Engr.).
Prior to City approval of the contract bid documents, the construction plan
specifications for the project shall provide that all reservoir and building finishes
shall incorporate non-reflective surfaces subject to review and approval by the
Design Review Committee.
PDF-2: Prior to City approval of the contract bid documents, the construction plan
specifications for the project shall provide that all reservoir tank and building finishes
shall use earth-tone colors (no pale yellow) that blend with the surrounding area and
vegetation subject to approval by the Design Review Committee.
PDF-3: Prior to final approval of the contract bid documents, the construction plan
specifications for the project shall include landscape plans with a plant palette that
is compatible with the surrounding native vegetation subject to review and approval
by the Design Review Committee.
PC Resolution No. 04-02-1 0-1 10 February 10,2004
PDF-4: Prior to final approval of the contract bid documents, the construction plan
specifications for the project shall include provisions for use of colored concrete, to
match existing soil and vegetation color, for all storm drainage structures (terrace
and down drains) subject to review and approval by the Design Review Committee.
PDF-5: Prior to final approval of the contract bid documents, the construction plan
specifications for the project shall include provisions for the use of soil cement
binder for that portion of the proposed maintenance road extending easterly from
Calle Delgado for a distance of 800-1000 linear feet subject to review and approval
by the Design Review Committee. In addition, the construction plan specifications
for the project shall include a proposed design for the maintenance
entrance/gateway treatment to Calle Delgado which maintains existing open space
land access.
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PASSED, APPROVED AND ADOPTED this 10th day of February, 2004, by
the following vote to wit:
AYES: Chairman Neely and Commissioners Cohen, Cardoza, Ratcliffe, and
Sam Allevato.
NOES: none
L ABSTAIN: none
ABSENT: none
760Reservoir-PC-resO4-2-10-1 .wpd