19-0716_C.S. LEGACY CONSTRUCTION, INC._F2a_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: .'.Afenjamin Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director ,L~
PREPARED BY: Joe Parco, City Engineer
Paul Meshkin , Senior Civi l Engine er
DATE: July 16, 2019
7/16/2019
F2a
SUBJECT: Approval of Plans and Spec ifications for Verdugo Street
Beautification Project, and Resolution Adopt ing a Mitigated Negative
Declaration (C IP 14106)
RECOMMENDATION:
1. Approve plans and specifications for the Verdugo Street Beautification Project; and ,
2. Approve a resolution adopting a Mitigated Negative Declaration for the Project; and,
3. Provid e direction regarding potential donation from the Rotary Club of San Juan
Capistrano for the purchase of a four-faced clock for the plaza area of the Project ;
and,
4. Authorize staff to advertise and receive construction bids for the Proj ect.
EXECUTIVE SUMMARY:
Plans and specifications have been prepared for construction of the Verdugo Street
Beautification Project (Cl P 14106). A Project location map is provided as Attachment 1,
and a copy of the plans and specifications are available for viewing in the City Clerk 's
Office . T he City's environmenta l consultant has completed the Initial Study I Mitigated
Negative Declaration for the Project in accordance with requirements of the California
Environmental Quality Act (Attachment 2). Staff is recommending that the City Council
approve the plans and specifications for the Project, approve a resolution adopting the
Mitigated Negative Declaration for the Project (Attachment 3), and authorize staff to
advertise and receive const ructi on bids for the Project. Pending approva l of the
City Council Agenda Report
July 16,2019
Page 2 of 7
recommended action, staff anticipates construction would begin this fall, with completion
in early Spring 2020.
DISCUSSIONiANALYSIS:
The Verdugo Street Beautification Project will widen sidewalks and install landscaping,
brick pavers, lighting, and street furniture to provide for a more pedestrian-friendly
gateway to the downtown area. The Project also includes new bistro lighting, rolled curbs,
shade structures, tree grates, crosswalk treatments, and wood benches to complement
the widened sidewalks. The design is intended to provide for an inviting street corridor
that creates a sense of arrival for visitors arriving by train as well as those parking and
walking to restaurants, the movie theater and shops in the downtown.
The concept design plan for the Verdugo Street Beautification Project was reviewed and
revised based on comments provided at a stakeholders' workshop on November 13,
2017. Staff presented the project to the Design Review Committee (DRC) on February
8,2018, and to the Cultural Heritage Commission and Planning Commission (PC) on
March 27,2018. On June 19,2018, the City Council approved the final concept design
(Attachment 4) for the Verdugo Street Beautification Project. On November 5, 2018, the
City Council approved a Professional Services Agreement (PSA) with Adams Streeter
Civil Engineers lnc. to perform design services and to prepare environmentaldocuments,
specifications, and cost estimates for the Verdugo Street Beautification Project. The
Project's final design was reviewed by DRC on February 28,2019.
The proposed Project is considered a major capital improvement project under the City's
Land Use Code. As a result, Planning Commission review of the Project was required.
On June 25,2019, the Planning Commission found that the project was consistent with
the City's Circulation Element of the General Plan, Land Use Code, surrounding
community and Design Guidelines and other applicable City requirements. The Planning
Commission also approved resolutions recommending that the City Council adopt a
Mitigated Negative Declaration (MND) for the Project and recommending that the City
Council approve the Project.
On July 9,2019, an additional stakeholders' workshop was held at Trevor's at the Tracks
Restaurant to discuss construction scheduling and phasing. The workshop was well
attended and included a staff presentation, group discussions and a review of the
proposed construction phasing plan. At the workshop, staff communicated that an
aggressive construction schedule is needed in order to complete the Project by early
Spring 2020.
As part of the project, the City must obtain sidewalk easements in order to construct and
maintain the proposed improvements. Staff has discussed the requirements for the
required easement documents with all property owners, and will secure all easements
prior to the advertisement for bids.
City Council Agenda Report
July '16,2019
Page 3 of 7
Pending approval of the recommended action at this evening's meeting, the anticipated
schedule for the project is as follows:
. City CouncilAward of Construction Contract:. Start Construction:. ConstructionComplete:
September 3,2019
Mid-September 2019
March 2020
Potential Donation of Four-Faced Glock
The Rotary Club of San Juan Capistrano (Rotary) is a 501(c)3 non-profit organization.
Rotary has proposed to donate funds to purchase a four-faced clock to enhance the plaza
area of the Verdugo Street Beautification Project. The proposed Howard Replica/Seth
Thomas clock is manufactured by The Verdin Company and costs approximately
$37,000, including sales tax (Attachment 5). The City's design consultant believes the 16'
tall clock would complement the Project and benefit visitors in the downtown and at the
train depot. lf the City Council is interested in adding this amenity to the Project, staff
recommends authorizing the City Manager to accept the proposed donation from Rotary.
Staff would then bid the clock as an additive alternate pending receipt of funding from
Rotary. Subject to City Council approval, the installation work - including footings, conduit
and final installation - would be completed by the project contractor at the City's cost. The
proposed clock feature would include the Rotary logo on the clock face, as shown in the
sample illustration below.
City Council Agenda Report
July 16,2019
Page 4of7
FISCAL IMPACT:
The total Project budget for design and construction is approximately $1,866,000. To
date, approximately $337,000 has been spent on preliminary and final design, leaving
approximately $1,529,000 for construction and construction-related support services.
Funding is provided through Systems Development ($200,000) and Redevelopment
Bond Funds/2008 Tax Allocation Bonds, Series A ($t,700,000). The City's design
consultant has estimated the construction cost, including a fifteen percent contingency,
to be $1,640,000. Based on this latest engineer's estimate, a budget shortfall of $357,000
is anticipated as shown in the table below.
The precise amount of funds needed to complete the Project will not be known until bids
are received. At the time of construction contract award, staff anticipates recommending
that the City Council approve a transfer of $45,000 of unexpended funds from CIP 11101
(Citywide Sign Replacement Program) and appropriate $312,000 from the Systems
Development Tax Fund to address the expected shortfall.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEOA) and the State CEQA
Guidelines (Cal. Code of Regulations., Title 14, S 15000 et seq.), the City prepared an
lS/MND to determine whether the proposed Project would have a significant effect on the
environment. The key findings from the lS/MND include the following:
The proposed Project would have no impact or a less than significant impact as to
aesthetics, agriculture and forest land resources, air quality, energy, greenhouse
gases, hydrology and water quality, land use, mineral resources, noise, population
and housing, public services, recreation, traffic, and utilities and services.
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Absent mitigation, the proposed Project could potentially have significant impacts
as to biological resources, cultural resources, geology and soils, hazards and
hazardous materials, and tribal cultural resources. However, with the
implementation of the mitigation measures identified in the lS/MND and the MMRP
(Attachment2), the Project's aforementioned potential impacts on the environment
would be mitigated to a level of less than significance.
Available Proiect Budget $1,529,000
Estimated Construction Cost (lncl. '15% continqency)($1,640,000)
Bidding and Construction Support ($ 246,000)
Total ($1,886,000)
Anticipated Budget Shortfall ($ 357,000)
Task Description Appropriation Estimated
Cost
City Council Agenda Report
July 16,2019
Paqe 5 o'f 7
An lS/MND is appropriate under CEQA because there is no substantial evidence that the
proposed Project would have a significant effect on the environment with the
implementation of the mitigation measures specified in the MMRP. Notably, if approved,
the mitigation measures identified in the IS/MND would be enforceable through permit
conditions, agreements, or other measures.
Moreover, the City has satisfied the procedural prerequisites to adopting an IS/MND. On
May 22, 2019, a Notice of lntent to Adopt a Negative Declaration and lnitial Study was
posted with the Orange County Clerk Recorder (Attachment 6). The City circulated the
Notice of lntent (NOl) to adopt IS/MND, incorporated by reference herein and provided
as Attachment 2, for a 20-day public review period that began on May 23, 2019, and
concluded on June 11,2019.
Staff received four comment letters during the 20-day public review period from the
following entities:
. Orange County Transportation Authority. Southern California Regional Rail Authority. Orange County Fire Authority. County of Orange
The City has prepared responses to these comment letters, and the City's responses are
included in the Final IS/MND. W¡th environmental review of the proposed Project under
CEQA completed, staff is recommending that the City Council adopt the lS/MND.
PRIOR CITY COUNCIL REV¡EW
a On November 5, 2018, the City Council approved and authorized the City Manager to
execute a Professional Services Agreement with Adams Streeter Civil Engineers lnc.
to perform design services and to prepare environmental documents, specifications,
and cost estimates for the Project for an amount not to exceed $279,738, which
included a 10% contingency.
On September 19, 2018, the City Council approved and authorized the City Manager
to execute the Second Amendment to the Personal Services Agreement with RRM
Design Group lnc. for design services for the Project in an amount not-to-exceed
$81,440, and directed staff to include the area of Verdugo Street west of the train
tracks in the conceptual design scope of work for the Project at no additional cost.
On Augusl 1, 2017, the City Council received a presentation on the Project and
considered options for reallocating funds. The Council elected to retain the Project
fund balance of $1.94 million and directed staff to work with the prior designer, RRM
Design Group, to create two conceptual design options similar to the 2007 and 2014
concepts.
On September 3,2013, the City Council approved award of a consulting contract to
DKS Associates to perform a Traffic Circulation Study in the Verdugo Street area.
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City Council Agenda Report
July 16,2019
Page 6of7
a On July 16,2013, the City Council received a presentation regarding the Project. The
City Council gave staff direction to proceed with a circulation study and meetings with
local business owners. The Councilalso gave direction to include in the Project design
the Camino Capistrano/Verdugo Street intersection, Arguello Way, and the Depot
Plaza.
On June 18, 2013, the City Council approved the City's Mid-Term Budget, which
included funding of $244,000 to complete the design of the Project.
On December'15, 2009, the City Council, acting as the Community Redevelopment
Agency Board of Directors, voted to table the Project until the Downtown Master Plan
is completed.
On March 4,2008, the City Council, acting as the Community Redevelopment Agency
Board of Directors, approved Concept C as the preferred Project and extended the
term and increased the fee for the design agreement with APA Engineering lnc. to
perform the final design. Shortly thereafter, the Project was placed on hold due to lack
of funding and uncertainty of the direction of the Redevelopment Agency.
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COMM I SS I ON/COM M ITTEE/BOARD REVI EW AN D RECOMMEN DAT¡ONS
On June 25,2019, the Planning Commission adopted resolutions recommending that
the City Council approve the Project and adopt a Mitigated Negative Declaration and
Mitigated Monitoring Reporting Program for the Project.
On February 28, 2019, the Design Review Committee reviewed the proposed
Project's street, sidewalk, lighting, and landscaping design plans.
On March 27, 2018, The Planning Commission reviewed and commented on the
revised Conceptual Design for the Project and fonruarded the Project to the City
Council for consideration.
On March 27,2018, the Cultural Heritage Commission reviewed and commented on
the Revised 2014 Conceptual Design for the Project and fonruarded the Project to the
Planning Commission for consideration.
On February 8,2018, the Design Review Committee reviewed and commented on the
revised 2014 conceptual design for the Project and fon¡uarded the Project to the
Planning Commission for consideration.
NOTIFICATIONS:
Mayan Authentic lmports
Ruby's
Antiques of Laguna
Monica Mukai
Heritage Tourism Association
Paul Hennessey
Adams Streeter (Khoon Tan)
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City Council Agenda Report
July 16,2019
Paqe 7 of 7
Mission Grill
Chamber of Commerce
Trevor's At the Tracks
Swallow's lnn, El Adobe
Bob Larsen, Provincial Building
Teri Chambers, Zia Jewelry
Dan Almquist, Frontier lnvestment
3:16 Bakery Shop
Dave Busk, Busk Dev. Co.
Conservatory & Curiosity
Guy Edwards, Capistrano Depot
Alfa Plaza LLC
Eric Altman,26755 Verdugo LLC
Mechelle Lawrence Adams, Mission SJC
Ralph Bertolino, Capistrano Plaza
Rancho Capistrano Winery
John Collins, Collins and Assoc.
Alberto Mobrici, Sunrise Property Mgmt.
Guavas
ATTACHMENTS:
Attachment 1
Attachment 2
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Location Map
lnitial Study / Mitigated Negative Declaration (not part of printed report,
and available in the City Clerk's Office and on the City's website)
Resolution for Mitigated Negative Declaration
Approved Concept Design Plan
Clock Cost Estimate
Notice of lntent (Posted)
Project Plans (not part of printed report, and available in the City Clerk's
Office and on the City's website)
Project Specifications (not part of printed report, and available in the City
Clerk's Office and on the City's website)
Enclosure 1
Enclosure 2:
Location Map: Verdugo Street Beautification Project (ClP 14106)
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ATTACHMENT 1, Page 1 of1
7t16t2019
ATTACHMENT 2 FZa
lnitial Study / Mitigated Negative Declaration
Due to the size of this attachment, the hard copy documentation is
available for review in the City Clerk's office or electronically on the
City's website. Hard copies have been distributed to the City
Council Members.
ATTACHMENT2, Page 1 of1
RESOLUTION NO. 19-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE VERDUGO STREET
BEAUTIFICATION PROJECT (ClP1 41 06)
WHEREAS, the City's Capital lmprovement Program represents an important
mechanism for implementing the goals, policies, and recommendations of the General
Plan, in particular the circulation, safety, parks and recreation, and growth management
policies; and,
WHEREAS, the City has established an administrative policy for developing a
Capital lmprovement Program, and the Capital lmprovement Program Committee
developed a draft Fiscal Year (FY) 2013-2020 Capital lmprovement Program pursuant to
the City's Capital lmprovement Guidelines; and,
WHEREAS, among other things, one of the major capital improvement projects in
the draft FY 2013-2020 Capital lmprovement Program included the Verdugo Street
Beautification Project (ClP14106) (the "Project"); and,
WHEREAS, the proposed Project includes the widening of the sidewalk. Among
other things, the proposed Project includes installation of landscaping, enhanced paving,
lighting, and street furniture to provide a pedestrian-friendly experience in the downtown
area and the area adjacent to the train station and Los Rios District; and,
WHEREAS, on June 18, 2013, the City Council approved the FY 2013-2020
Capital lmprovement Program, including the Project; and,
WHEREAS, pursuant to section 21067 of the Public Resources Code, and section
15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, S 15000 et seq.), the City
of San Juan Capistrano is the lead agency for the proposed Project; and,
WHEREAS, in accordance with State CEQA Guidelines section 15063 the City
prepared an lnitial Study to determine if the Project could have a significant effect on the
environment; and,
WHEREAS, based upon the information contained in the lnitial Study, which
concluded that the Project would not have a significant impact on the environment with
mitigation incorporated, the City determined that a Mitigated Negative Declaration
("MÑD') should be prepared for the Project, and an MND was prepared pursuant to CEQA
and the State CEQA Guidelines; and,
WHEREAS, in accordance with State CEQA Guidelines section 15072(b), a Notice
of lntent to Adopt an MND was mailed to all organizations and individuals who previously
ATTACHMENT 3, Page 1 of 4
requested such notice in writing, and notice was also by way of publication, posting, or
direct mailing consistent with CEQA's requirements; and,
WHEREAS, as required by State CEQA Guidelines section 15072(d), on May 22,
2019, the Notice of lntent to Adopt an MND was also posted by the Clerk for the County
of Orange; 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, pursuant to State CEQA Guidelines section 15073, the MND was
circulated for at least a 20-day review period, from May 23,2019 through Jun 1 1,2019,
during which the City four (4) comment letters, three (3) of which contained comments on
the project; and,
WHEREAS, the MND prepared in connection with the Project sufficiently analyzes
the feasible mitigation measures necessary to avoid or substantially lessen the Project's
potentially significant environmental impacts; and,
WHEREAS, on June 25,2019, the Planning Commission conducted a duly-noticed
public hearing where members of the public were afforded an opportunity to comment
upon the Project and the MND, and at the conclusion of the hearing, the Planning
Commission adopted a resolution recommending that the City Council adopt the MND
and approve the related Mitigation and Monitoring Program; and,
WHEREAS, the findings and conclusions made by the City Council in this
Resolution are based upon the oral and written evidence presented as well as the entirety
of the administrative record for the Project, which is incorporated herein by reference.
The findings are not based solely on the information provided in this Resolution; and,
WHEREAS, the MND reflects the City's response to the three (3) comment letters
that contained comments on the project (the fourth comment letter indicated that the
commenter had no comment); and,
WHEREAS, the MND reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Project; and,
WHEREAS, a Mitigation Monitoring and Reporting Program ('MMRP') has been
prepared for the Project, and is attached hereto as Exhibit "4"; 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
ATTACHMENT 3, Page 2 of 4
of the MND or additional environmental review of the Project under State CEQA
Guidelines section 1 5073.5.
NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of San
Juan Capistrano as follows:
Section 1. Recitals. The City Council hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this
Resolution.
Section 2. Compliance with the California Environmental Qualitv Act. The City
Council has reviewed and considered the information contained in the MND, lnitialStudy,
comments received, and other documents contained in the administrative record for the
Project. The City Council finds that the MND, lnitial Study and administrative record
contain a complete and accurate reporting of the environmental impacts associated with
the Project and that the MND and the lnitial Study have been completed in compliance
with CEQA and the State CEQA Guidelines.
Section 3 Findinos on Envi nmental lmoacts. Based on the whole record
before it, including the MND, lnitial Study, the administrative record and all other written
and oral evidence presented to the City Council, the City Council hereby finds that all
environmental impacts of the Project are either less than significant or can be mitigated
to less than significant levels pursuant to the mitigation measures outlined in the MND,
the lnitial Study and the MMRP. The City Council further finds that the MND contains a
complete, objective and accurate reporting of the environmental impacts associated with
the Project and reflects the independent judgment and analysis of the City.
Section 4.Adootion of MND an Aooroval of MMRP. The C ity Council of the
City of San Juan Capistrano hereby adopts the Mitigated Negative Declaration for the
Verdugo Street Beautification Project (C1P14106) and approves the Mitigation Monitoring
and Reporting Program for the same, attached hereto as Exhibit "4".
Section 5 Custodian of Records. 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 City Clerk is the custodian of the record of
proceedings.
Section 6. Notice of Determination. The City Council hereby directs staff to
prepare, execute, and file a CEQA Notice of Determination with the Orange County
Clerk's Office and the State Office of Planning and Research within five (5)working days
of the approval of this Resolution.
Section 7. Severabilitv. lf any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
ATTACHMENT 3, Page 3 oÍ 4
provisions or applications of the Resolution which can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
Section L Effective Date. This Resolution shall take effect immediately upon
adoption.
APPROVED AND ADOPTED this
-
day of ,2019
BRIAN L. MARYOTT, MAYOR
ATTEST
MARIA MORRIS, CITY CLERK
ATTACHMENT 3, Page 4 of 4
Exhibit "A"
Mitigation Monitoring and Reporting Program (MMRP)
EXHIBIT A, Page 1 of 10
Verdugo Street Beautification Project
Final Initial Study/Mitigated Negative Declaration
SECTION 4. MITIGATION MONITORING AND REPORTING PROGRAM
4.t Mitigation Monitoring and Reporting Requirements
Public Resources Code (PRC) Section 21081.6 (enacted by the passage of Assembly Bill [AB] 3180)
mandates that the following requirements shall apply to all reporting or mitigation monitoring
programs:
The public agency shall adopt a reporting or monitoring program for the changes made to the
project or conditions of project approval in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designed to ensure compliance
during project implementation. For those changes which have been required or incorporated
into the project at the request of a Responsible Agency or a public agency having jurisdiction by
law over natural resources affected by the project, that agency shall, if so requested by the Lead
Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring
program.
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The Lead Agency shall specify the location and custodian of the documents or other material,
which constitute the record of proceedings upon which its decision is based. A public agency
shall provide the measures to mitigate or avoid significant effects on the environment that are
fully enforceable through permit conditions, agreements, or other measures. Conditions of
project approval may be set forth in referenced documents which address required mitigation
measures or in the case of the adoption of a plan, policy, regulation, or other project, by
incorporating the mitigation measures into the plan, policy, regulation, or project design.
Priorto the close of the public review period for a draft Environmental lmpact Report (ElR) or
Mitigated Negative Declaration (MND), a Responsible Agency, or a public agency having
jurisdiction over natural resources affected by the project, shall either submit to the Lead
Agency complete and detailed performance objectives for mitigation measures which would
address the significant effects on the environment identified by the Responsible Agency or
agency having jurisdiction over natural resources affected by the project, or refer the Lead
Agency to appropr¡ate, readily available guidelines or reference documents. Any mitigation
measures submitted to a Lead Agency by a Responsible Agency or an agency having jurisdiction
over natural resources affected by the project shall be limited to measures that mitigate impacts
to resources, which are subject to the statutory authority of, and definitions applicable to, that
agency. Compliance or noncompliance by a Responsible Agency or agency having jurisdiction
over natural resources affected by a project with that requirement shall not limit that authority
of the Responsible Agency or agency having jurisdiction over natural resources affected by a
project, or the authority of the Lead Agency, to approve, condition, or deny projects as provided
by this division or any other provision of law.
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EXHIBIT A, Page 2 oÍ 1O
Verdugo Street Beautification Proiect
Final lnitial Study/Mitigated Negative Declaration
4.2 Mitigation Monitoring and Reporting Procedures
The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with PRC
Section 21081.6. lt describes the requirements and procedures to be followed by the City of San Juan
Capistrano to ensure that all mitigation measures adopted as part of the proposed project will be carried
out as described in this lS/MND. Table 5.2-1 lists each of the mitigation measures specified in this
document and identifies the party or parties responsible for implementation and monitoring of each
measure.
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EXHIBIT A, Page 3 of 10
Verdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negat¡ve DeclarationTable 5.2-1.Verdugo Street ProjectMitigation Monitoring and Reporting ProgramComplianceVerification (Date andSignature Required)4.l Aesthet¡csThe proposed project would not result in significant adverse impactsrelated to airNomon would beired4.4ResourcesBIO-1 Migratory Bird Treaty Act, ln the event that constructionCity of San JuanCapistrano DevelopmentServices Director, ordesigneeln the event thatconstruction activitiesoccur during the breedingseason (February 15-August 15)/ Prior tocommencement ofgrading activities andissuance of any buildingpermits.activities occur during the breeding season (February 15-August 15), theApplicant shall retain a qualified biologist to conduct a nesting bird surveywithin 5 days prior to commencement of construction activities' Thenesting bird survey shall identify and document active nesting within 100feet of the construction limits. lf nesting birds are discovered duringpreconstruction surveys, the biologists shall identify an appropriate buffer(i.e., up to 500 feet depending on the circumstances and specific birdspecies) where no construction activities or other disturbances areallowed to occur until after the birds have fledged from the nest. Prior tocommencement of grading activities and issuance of any building permits,the City of San Juan Capistrano Director of Development Services, ordesignee, shall verify that all project grading and construction plansinclude specific documentation regarding the requirements of theMigratory Bird Treaty Act (MBTA), that preconstruction surveys have beencompleted and the results reviewed by staff, and that the appropriatebuffers (if needed) are noted on the plans and established in the field withorasnow fenciTiming for StandardCondition orMitigation MeasureResponsible PartyMitigation MeasuresThe proposed project would not result in significant adverse impactsrelated to aesthetics. Noion would beuired4.2& Forest ResourcesThe proposed project would not result in significant adverse impactsrelated to agriculture and forest resources. No mitigation would beuired.4.3 Air26EXHIBIT A, Page 4 of 10
ComplianceVerification (Date andSignature Required)Prior to commencementof any grading activ¡tieson site/During projectexcavation and gradingactivitiesPrior to issuance ofgrading permitsTiming for StandardCondition orMitigation MeasureCity of San JuanCapistrano DevelopmentServices Director, ordesignee/ CityDepartment of PublicWorks and Ut¡litiesDirector, or designeeResponsible PartyCity of San JuanCapistrano DevelopmentServices Director, ordesigneeCU[-2: Archaeological Monitoring Plan and Accidental Discovery. Prior tocommencement of any grading activities on site, the Applicant shall retaina qualified archaeologist to prepare a Monitoring Plan. The MonitoringPlan shall be prepared by a qualified archaeologist and shall be reviewedby the City Development Services Director, or designee. The MonitoringPlan should include at a minimum: (1) a list of personnel involved in themonitoring activities; (2) a description of how the monitoring shall occur;(3) a description of the frequency of monitoring (e.g., full-time, part-time,spot checking); (4) a description of what resources may be encountered;(5) a description of -circumstances that would result in the halting of workicalsitecant" archawhat is considered a "seat theCUL-1: Archaeological Monitor. Prior to issuance of grading permits,and in adherence to the recommendations of the cultural resourcesrecords search, the Applicant shall retain, with approval of the City of SanJuan Capistrano (City) Development Services Director, or designee, aqualified archaeological monitor. Monitoring by a qualified archaeologistshould be conducted under the supervision of an Orange County Certifiedarchaeologist and by a Native American monitor from one of the Juañenogroups recognized by the Native American Heritage Commission (NAHC).Monitoring will be conducted in accordance with the City of San JuanCapistrano's Council Policy 601 on historic, archaeological, andpaleontological resource management.2 The monitor shall be present onthe project site during ground-disturbing activities to monitor rough andfinish grading, excavation, and other ground-disturbing activities in thenative soils. Because no cultural resources were identified on the projectsite, archaeological monitors are not required to be present on a full-timebasis but shall spot check ground-disturbing activities to ensure that nocultural resources are impacted during construction activities. The exacttiming of monitoring activities shall be consistent with the provisionsestablished in the Monitoring Plan, which is required as part of MitigationMeasure CUL-2Mitigation MeasuresVerdugo Street Beautification ProjectFinal Initial Study/Mitigated Negative Declaration27EXHIBIT A, Page 5 of 10
site); (6) a description of procedures for halting work on site andnotification procedures; and (7) a description of monitoring reportingprocedures. lf any significant historical resources, archaeologicalresources, or human remains are found during monitoring, work shall bestopped within the immediate vicinity (precise area to be determined bythe archaeologist in the field) of the resource until such time as theresource can be evaluated by an archaeologist and any other appropriateindividuals. Project personnel shall not collect or move any archaeologicalmaterials or human remains and associated materials' To the extentfeasible, project activities shall avoid these deposits. Where avoidance isnot feasible, the archaeological deposits shall be evaluated for theireligibility for listing on the California Register of Historic Places. lf thedeposits are not eligible, avoidance is not necessary. lf the deposits areeligible, adverse effects on the deposits must be avoided, or such effectsmust be mitigated. Mitigation can include, but is not necessarily limitedto: leaving the deposits in place, excavation of the deposit in accordancewith a data recovery plan (see California Code of Regulations [CCR] Title4(3) Section 5126.4(b)(3XC)) and standard archaeological field methodsand procedures; laboratory and technical analyses of recoveredarchaeological materials; production of a. report detailing the methods,findings, and significance of the archaeological site and associatedmaterials; curation of archaeological materials at an appropriate facilityfor future research and/or display; an interpret¡ve display of recoveredarchaeological materials at a local school, museum, or library; and publiclectures at local schools and/or historical societies on the findings andsignificance of the site and recovered archaeological materials'It shall be the responsibility of the City Building Official, or designee, toverify that the Monitoring Plan is implemented during project excavationand grading. Upon completion of all monitoring/mitigation activities, theconsulting archaeologist shall submit a monitoring report to the CityDevelopment Services Director, or designee, and to the South-CentralCoastal lnformation Center summarizing all monitoring/mitigationact¡vities and confirming that all recommended mitigation measures havebeen met. The monitoring report shall be prepared consistent with theguidelines of the office of Historic Preservation's Archaeological ResourcesMonogement Reports (ARMR): Recommended Contents ond Format.TheCity Development Services Director, or des¡gnee, shall be responsible forVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration28EXHIBIT A, Page 6 of 10
lf human remains areencountered during sitedistu rbance, grading, orother constructionactivities on the projectsiteCity of San JuanCapistrano DevelopmentServices Director, ordesigneeThe proposed project would not result in significant adverse impactsuiredntsNo mitirelated to enreviewing any reports produced by the archaeologist to determine theappropriateness and adequacy of the findings and recommendations.CUL-3: Human Remains. Consistent with the requirements of CCRSection 15064.5(e), if human remains are encountered during sitedisturbance, grading, or other construction activities on the project site,the construction contractor shall halt work within 25 feet of the discovery;all work shall be redirected and the Orange County (County) Coronernotified immediately. No further disturbance shall occur until the CountyCoroner has made a determination of origin and disposition pursuant toPublic Resources Code Section 5097.98. lf the remains are determined tobe Native American, the County Coroner shall notify the Native AmericanHeritage Commission (NAHC), which will determine and notify a MostLikely Descendant (MLD). The MLD may inspect the site of the discovery.The MLD shall complete the inspection within 48 hours of notification bythe NAHC.The MLD may recommend scientific removal and nondestructive analysisof human rema¡ns and items associated with Native American burials.Consistent with CCR Section 15064.5(d), if the remains are determined tobe Native American and an MLD is notified, the City shall consult with theMLD identified by the NAHC to develop an agreement for the treatmentand disposition of the remains.Upon completion of the assessment, the consulting archaeologist shallprepare a report documenting the methods and results and providerecommendations regarding the treatment of the human remains and anyassociated cultural materials, as appropriate, and in coordination with therecommendations of the MLD. The report shall be submitted to the CityDevelopment Services Director, or designee, and the South-CentralCoastal lnformation Center. The City Development Services Director, ordesignee, shall be responsible for reviewing any reports produced by thearchaeologist to determine the appropriateness and adequacy of theand recommendations.findVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration29EXHIBIT A, Page 7 of 10
ComplianceVerification (Date andSignature Required)4.8 Greenhouse Gas EmissionsThe proposed project would not result in significant adverse impactsrelated to hazards and hazardous materials. No mitigation would bered4.10and WâterThe proposed project would not result in significant adverse impactsrelated toand Water Quality. No mon would be reuired.4.11 land4.12 Mineral Resources4.13 NoiseTiming for StandardCondition orMitigation MeasurePrior to issuance ofgrading permitsResponsible PartyCity of San JuanCapistrano Engineer, ordesigneeMitigation Measures4.7 Geology and SoilsGEO-1: Compliance with Geotechnical lnvestigations. These studies shallbe submitted for review and approval by the City of San Juan CapistranoCity Engineer, or designee, to ensure that future development has beenevaluated at an appropriate level of detail by a professional geologist'Prior to issuance of grading permits, the City Engineer shall confirm that allgrading and construction plans incorporate and comply with therecommendations included in the Final Geotechnical Report. Design,grading, and construction shall adhere to all of the seismic requirementsincorporated into the most current version of the California Building Code(CBC) and the requirements and standards contained in the applicablechapters of the City of San Juan Capistrano Municipal Code, as well asappropriate local grading regulations, and the specifications of the projectotechnical consultant.The proposed project would not result in significant adverse impactsrelated to greenhouse gas emissions. No mitigation would be required4.9 Hazards and Hazardous MaterialsThe proposed project would not result in significant adverse impactsrelated to Land Use and Planning. No mitigation would be required.The proposed project would not result in significant adverse impactsrelated to mineral resources. No miton would beiredThe proposed project would not result in significant adverse impactsrelated to noise. No mitigation would be required.Verdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration30EXHIBIT A, Page 8 of 10
ComplianceVerifïcation (Date andSignature Required)Prior to commencementof any ground disturbingactivitiesTiming for StandardCondition orMitigation MeasureResponsible PartyDirector of the City ofSan Juan CapistranoCommunityDevelopmentDepartment, or designee4.t74.18 TribalResourcesTCR-I. Prior to commencement of any ground-disturbing activities, theCity will assure that a qualified Native American monitor has beenretained to provide Native American monitoring services during ground-disturbing activities in native soils. Because no known resources have beenidentified on the site, monitors are not required on a full-time basis, butshall spot check ground-disturbing activities in compliance with themonitoring procedures outlined in the Monitoring Plan (which itself isrequired as part of Mitigation Measure CUL-2) to ensure that no resourcesare impacted during construction. The Native American monitor shall beselected by the project Archaeologist in coordination with the JuaneñoBand of Mission lndians Acjachemen Nation. The Native American monitorshall be present at the pre-grading conference to establish procedures fortribal cultural resource surveillance. Those procedures shall includeprovisions for temporarily halting or redirecting work to permit sampling,identification, and evaluation of resources deemed by the NativeAmerican monitor to be tribal cultural resources as defined in PublicResources Code Section 27074. These procedures shall be reviewed andapproved by the City of San Juan Capistrano Community DepartmentDirector, or designee, prior to commencement of any surface disturbanceect site.on theMitigation Measures4.t4andThe proposed project would not result in significant adverse impactsuiredrelated ton would beNo mitiulation and housin4.15 Publicand UtilitiesThe proposed project would not result in significant adverse impactsblic services and utilities. No mitiuiredwould berelated to4.16 RecreationThe proposed project would not result in significant adverse impactsrelated to recreation. No miredon would beThe proposed project would not result in significant adverse impactsuiredwould berelated to tran/traffic. NoVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration31EXHIBIT A, Page 9 of 10
ComplianceVerification (Date andSignature Required)Timing for StandardCondition orMitigation MeasureResponsible PartyThe proposed project would not result in significant adverse impactsiredn would berelated to Utils. NoThe proposed project would not result in significant adverse impactsredon would berelated to wildfire. NoMitigation MeasuresVerdugo Street Beautification ProjectFinal lnitial Study/Mitigated Negative Declaration32EXHIBIT A, Page 10 of 10
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M.VERDIN.COM
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CONTACI: RichardFisher
ADDRESS: 32400 Paseo Adelanto
CITY: San Juan Cap¡strano
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T¡lle Date f ille
ATTACHMENT 5, Page 1 of 1
Nonce or lr'trErur to ADopr R¡¡ lt¡lrtnu STUDY Rxo Mtttcnreo Neenrlve DrctRRnrlor.,l
NOTICE OF INTENT TO ADOPT AN INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION FOR THE
VERDUGO STREET BEAUTIFICATION PROJECT
The City of San Juan Capistrano (City) is the Lead Agency and project proponentfor the proposed
Verdug'o Street Beautification Project (Proposed Projec!)., The City has direcied the preparation
of an l-nitial Study and Mitigated Negative Declaration (lSlMND) in compfiance with the California
Environmental Quality Act (CEQA). The purpose of an IS/MND is to provide decision makers,
public agencies, and the general public with an objective and informative document that facilitates
a basicLlnderstanding of the Proposed Project and fully discloses the potential environmental
effects associáted with the Proposed Project, including direct, indirect, and cumulative
environmental effects. The Proposed Project will require the following agency permits and
approvals: City Council approvalof Capital lmprovement (ClP) 14106.
project Location: The Proposed Project is located in the city of San J.uan Capislrano near the
San Juan Capistrano Metrolink/Amtrak train depot and includes the entire tength (approximately
300 lineal teei¡ of Verdugo Street from the intersection at Camino Capistrano to ihe cul'de-sac.
project Description: The Proposed Project would beautify the corridor and provide a more
pedästrian-frien'dly street experience for visitors, The proposed improvements will include the
following:
. Reducing the overallwidth of the roadway;
. Widening the sidewalks and adding rolled curbs;
. Adding bulb-outs at intersection with Camino Capistrano;
. Providing colored concrete and decorative pavers;
r Modifications to existing storm drain catch basins;
. Landscaping and irrigation;
r Enhanced lighting and seating; and
. lnstalling ADA ramps and improvements'
phasing of project improvements will be coordinated to minimize construction impacts to the
adjaceñt businésses and to maintain traffic flow and avoid to the extent practical conflicts with
holidays and special events in the downtown area'
potentially Significant Environmental lmpacts: Potentially significant impacts to biological
resources, cultural resources, geology and soils, and tribal cultural resources were identified in
the lnitial Study. Alt impacts would be reduced to a less-than-significant level with the
incorporation of mitigation measures.
public Review Period: ln compliance with CEQA, the City has established a 20-day local public
review period beginning May 23,2019 to solicit comments and input on the Draft IS/MND.
iii,(i$îED
l¡lAY 2 2 2019
IJ¡{ANGË CÛUNTY ÇLENK.RECOROER OEPARTME}¡I
Page 1 of 2
BY:ñÆ-DEPUTY Attachment 6
Norce or I¡lre¡lr to AooPt a¡l l¡¡rrnl Sruov aruo Mtrtoatro NEGATIve DeclaRRtlo¡l
To ensure that all environmental issues are fully identified and adequately addressed, written
comments are invited from all interested parties. Written comments on the Draft IS/MND
should be submitted no later than 5:00 pm on June 11, 2019 to;
Joe Parco, City Engineer
City of San Juan CaPistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Email : jparco@sanjuancapistrano.org
Written comments regarding the scope and content of information in the Draft IS/MNÐ may also
be submitted electronically no later than June 1 1,2019 to the City Engineer'
A copy of the Draft IS/MND is available for public review at the following locations:
San Juan Capistrano Library
31495 El Camino Real
San Juan Capistrano, çA92675
Gity of San Juan Capistrano City Hall
Development Services DePartment
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
City of San Juan CaPistrano
Commun ity Services DePartment
25925 Camino delAvoin
San Juan Gapistrano, CA 92675
The Draft lS/MND is available for public review qnline at the following website
ent n
PÜ$TED
I,IAY 22 2019
4,oRAt'lôË ooul¡TY
DEPART¡IETIT
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Page 2 of 2
Attachment 6
711612019
ENCLOSURE 1 F2a
Project Plans
Due to the size of this attachment, the hard copy documentation is
available for review in the City Clerk's office or electronically on the
City's website. Hard copies have been distributed to the City
Council Members.
711612019
ENCLOSURE 2 F2a
P roject Specifications
Due to the size of this attachment, the hard copy documentation is
available for review in the City Clerk's office or electronically on the
City's website. Hard copies have been distributed to the City
Council Members.