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19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_21 RESOLUTION NO. 19-10-15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2018011019) AND; ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE RIVER STREET MARKETPLACE PROJECT; APPROVING GENERAL PLAN AMENDMENT (GPA) 18-002 AND FLOOD PLAIN LAND USE PERMIT (FP) 16-003 FOR THE SAME, LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49) (APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC) WHEREAS, Dan Almquist, River Street SJC, LLC, 610 Newport Center Drive, Newport Beach, CA 92660 (the “Applicant”), is proposing the River Street Marketplace Project, approximately 5.86-acre mixed use project including 59,067 square feet of office/commercial development at 31825 Los Rios Street (the “Modified Project”); and, WHEREAS, the entitlements sought include General Plan Amendment (GPA) 18- 002, Code Amendment (CA 16-003) to the Los Rios Specific Plan (SP 78-01), Flood Plan Land Use Permit (FP) 16-003, Architectural Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Tree Removal Permit (TRP) 16-047, Sign Program (SP) 16- 037, and Development Agreement (DA) 18-002; and WHEREAS, Sheree & Doug Ito are the owners of the real property located at 31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49); and, WHEREAS, on April 3, 2018, the City Council initiated a General Plan Amendment to conduct an appropriate study to update the description of the Los Rios Specific Plan contained in the General Plan as a result of the proposed Los Rios Specific Plan Amendment requested for the proposed commercial development project located on 5.86 acres; and, WHEREAS, the Modified Project has been processed pursuant to Section 9- 2.307, General Plan Amendment 17-002, Section 9-2.309, Code Amendment 16-003, Section 9-2.321, Flood Plain Land Use Permit 16-003, of Title 9, Land Use Code of the City of San Juan Capistrano to establish the land use policies and zoning regulations; and pursuant to Government Code Section 65864 et. seq., Development Agreement 18- 002, for the project site, in the form of the proposed River Street Marketplace; and, WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Modified Project; and, ATTACHMENT 2 2 WHEREAS, in accordance with State CEQA Guidelines section 15082, on January 12, 2018, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse Number # 2018011019 ) would be prepared; and WHEREAS, twenty-seven comment letters were received in response to the NOP; and, WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on January 24, 2018, to further solicit comments on the scope of the environmental review; and, WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared, incorporating comments received in response to the NOP; and, WHERE, the Draft EIR analyzed a proposed that contained 64,900 square feet of commercial uses within five buildings (“Original Project”); and WHEREAS, the Draft EIR concluded that the Original Project would result in significant and unavoidable impacts relating to temporary construction-related noise increases; and, WHEREAS, the Draft EIR further determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, biological resources, cultural resources, traffic, and utilities (wastewater treatment); and, WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on January 30, 2019; and, WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on January 30, 2019; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the San Juan Capistrano public library; and, WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for a 45-day review period from January 30, 2019 to March 18, 2019; and, WHEREAS, during the 45-day public comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and, 3 WHEREAS, the City received twenty-five written comment letters on the Draft EIR, including an acknowledgement from the State Clearinghouse that the City has complied with CEQA environmental review requirements; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies on June 14, 2019, at least ten (10) days prior to the City’s consideration of the Final EIR; and WHEREAS, on May 9, 2019, the City released the Final EIR (“Final EIR”), which consists of the Draft EIR, all technical appendices prepared in support of the Draft EIR, all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, and errata to the Draft EIR and technical appendices; and WHEREAS, on May 14, 2019, the Planning Commission conducted a public hearing to consider the Draft EIR and General Plan Amendment 18-002, Code Amendment 16-003, Development Agreement 18-002, Flood Plain Land Use Permit 16- 003, and Architectural Control 16-029, Grading Plan Modification 16-014, Tree Removal Permit 16-047, Sign Program 16-007 for the Original Project and solicited comments on the document. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the EIR for the Original Project and approve the General Plan Amendment, Code Amendment, Development Agreement, and Flood Plain Land Use Permit; and WHEREAS, following the Planning Commission hearing, the Original Project was set and noticed for public hearing at the July 2, 2019 City Council meeting; and WHEREAS, in the two days prior to the noticed City Council meeting, the City received additional late comment letters relating to the Original Project and, while written responses to comments received after the close of the public review and comment period are not required pursuant to CEQA, in order to thoroughly review and respond to the late comments City Staff postponed the City Council hearing for the Original Project; and WHEREAS, Staff and the City’s consultants reviewed the late comment letters and prepared a Technical Memorandum that provides responses to each late comment received prior to the scheduled July 2, 2019 City Council hearing, and this Technical Memorandum is part of the administrative record for the Project; and WHEREAS, subsequently, the Applicant notified the City that he would like to make some modifications to the Original Project to address concerned raised by the a member of the public; and WHEREAS, the Applicant submitted modified project plans that shift the proposed buildings further west, reduce building heights, and reduce overall square footage by 5,833 square feet (from 64,900 to 59,067); and WHEREAS, to determine whether the modifications proposed trigger the need to recirculate all or a portion of the Draft EIR, the City prepared a “Technical 4 Memorandum: Environmental Compliance of the Project Modification to the River Street Marketplace EIR”, which concludes that the Modified Project does not require major revisions to the River Street Marketplace Project Draft EIR and none of the conditions identified in CEQA Guidelines Section 15088.5 requiring recirculation of the Draft EIR would occur; and WHEREAS, on September 24, 2019, the Planning Commission held a duly noticed public hearing to consider the Modified Project, and recommended that the City Council approve the Modified Project and certify the EIR; and WHEREAS, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Modified Project; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Modified Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Modified Project sufficiently analyzes the Modified Project’s potentially significant environmental impacts and analyzes a range of feasible alternatives capable of reducing these effects a less that significant level; and WHEREAS, all of the findings and conclusions made by the City pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Modified Project, which are incorporated herein by this reference, and not based solely on the information provided in this Resolution; and WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 2 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City finds that environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section 3 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section 4 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the cumulative impacts of the Modified Project identified in the EIR and set forth herein, are described in Section 5 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and 5 WHEREAS, the potential significant and irreversible environmental changes that would result from the proposed Modified Project identified in the EIR and set forth herein, are described in Section 6 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the existence of any growth-inducing impacts resulting from the proposed Modified Project identified in the EIR and set forth herein, are described in Section 7 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, alternatives that might reduce the Modified Project’s significant environmental impacts are described in Section 8 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, an analysis of the Modified Project’s benefits and a Statement of Overriding Considerations is described in Section 9 of the Environmental Findings of Fact, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Mitigation Monitoring and Reporting Program sets forth the mitigation measures to which the City shall bind itself in connection with the Modified Project and is attached hereto as Exhibit B; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Modified Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on October 15, 2019, the City Council conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Modified Project was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct, and incorporated herein as findings of fact. 6 Section 2. Compliance with CEQA. As the decision-making body for the City, and in the City’s roll as lead agency under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City Council has reviewed and considered the information relating to the River Street Marketplace Project contained within the Draft EIR, Final EIR (together, the “EIR”), the Technical Memorandum prepared to respond to late comment letters, the “Technical Memorandum: Environmental Compliance of the Project Modification to the River Street Marketplace EIR,” and all supporting documentation, together with all oral and written comments received during the public review process, and all other related documents, which are available at City Hall, and which are incorporated by reference herein, prior to approving the Modified Project. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council further finds that the EIR contains a complete and accurate reporting of the environmental impacts associated with the Modified Project, and was prepared in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines. Section 3. Recirculation. The City Council declares that the City has not received evidence of new significant impacts, as defined by the State CEQA Guidelines, section 15088.5, after circulation of the Draft EIR, which would require recirculation. No substantial changes to the Project have occurred that would require a supplemental or subsequent EIR. The City Council bases this determination on the whole of the administrative record, including but not limited to, the “Technical Memorandum: Environmental Compliance of the Project Modification to the River Street Marketplace EIR” dated September 13, 2019. Section 4. Findings of Fact and Statement of Overriding Considerations. In accordance with State CEQA Guidelines, sections 15091 and 15093, the City Council hereby adopts the Environmental Findings of Fact and the Statement of Overriding Considerations attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Certification of the EIR. In accordance with State CEQA Guidelines, section 15090, the City Council hereby certifies that: A. The EIR is an accurate and objective statement that has been completed in compliance with CEQA and the State CEQA Guidelines. B. The City Council has been presented with and has reviewed and considered the information contained in the EIR prior to approving the Modified Project. C. The EIR reflects the City Council’s independent judgment and analysis. Section 6. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (“MMRP”) attached hereto as Exhibit B and incorporated herein by this reference. The City Council finds that the MMRP is 7 designed to ensure that, during the implementation of the Modified Project, the City and any other responsible parties implement the components of the Modified Project and comply with the mitigation measures identified in the MMRP. To the extent there is any conflict between the MMRP, the EIR, or the Environmental Findings of Fact, the terms and provisions of the MMRP shall control. Section 7. General Plan Amendment. The City Council of the City of San Juan Capistrano does hereby make the following findings pursuant to Title 9, Land Use Code of the City of San Juan Capistrano with respect to General Plan Amendment (GPA 18- 002): A. The proposed General Plan Amendment is internally consistent with all other sections of the Land Use Element and also with all other Elements of the General Plan. This amendment would amend various sections of the General Plan to ensure consistency between the proposed Amendments and the Los Rios Specific Plan. This amendment would allow for the adoption of the accompanying Code Amendment. B. The proposed General Plan Amendment is consistent with the overall goals and policies of the General Plan because it establishes a land use designation governed by the Los Rios Specific Plan, and the proposed land uses, development standards and design elements of the Commercial Core Planning Area are consistent with the following goals and policies of the General Plan including: Land Use Element Land Use GOAL 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Amending the Los Rios Specific Plan to include the Commercial Core Planning Area would allow for implementation of the River Street Marketplace Project. The Commercial Core Planning Area would provide additional retail uses to serve the community. Additionally, the amendment would contribute to an increase in property taxes, due to the improvement of an undeveloped and underutilized property. This increase in property tax revenue would assist the City to maintain and improve public services and facilities. Property improvement and development of the Modified Project would help to facilitate Land Use Goal 1. Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed Modified Project would contribute its fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City’s General Fund, from which the City utilizes revenue to fund public services and utilities. 8 Policy 1.2: Encourage commercial, tourist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. The Commercial Core Planning Area is envisioned as a commercial, tourist-oriented development that has been designed to be compatible with existing land uses. The Specific Plan Amendment would improve the generation of sales tax and property tax within the City. GOAL 2: Control and direct future growth within the City to preserve the rural village-like character of the community. The Modified Project would develop the site with a commercial center at a maximum Floor Area Ratio (FAR) of 0.23:1 and at a maximum height of two stories. The Modified Project is a designed development that highlights the agrarian history of the area, with themed buildings and an earth-toned color palette. The development concept fosters interaction and mutual support between the project’s various land uses. Visiting patrons are provided retail and dining opportunities without the need for multiple vehicular trips. The Modified Project is envisioned as a pedestrian-oriented development, offering communal tables for outdoor dining, a vegetable garden for farm- to-table inspired dining, and other amenities. A portion of the site is also envisioned as an area for community gatherings and activities that foster public involvement. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The Modified Project would allow for the development of a commercial center that would be consistent in use and character with surrounding development in the Los Rios Street Historic District, including surrounding buildings and retail uses. The proposed development plan includes an Agrarian influence design that ensures consistency in visual character between the Modified Project and surrounding architecture. The proposed architectural style is consistent with the Los Rios Street Historic District’s heritage containing significant amounts of Agrarian, Craftsman Bungalow and California vernacular board-and-batten styles currently represented along Los Rios Street. Policy 2.3: Ensure that development corresponds to the provision of public facilities and services. The Modified Project would be served by existing infrastructure and utilities. The EIR includes a detailed analysis of all potential environmental impacts of the Specific Plan Amendment and a specific section is devoted to the project’s impacts on public facilities and services. According to the EIR, the Modified Project would have less than significant impacts with mitigation incorporated. GOAL 3: Distribute additional population within the City based on risk factors. Policy 3.1: Confine higher density land uses to the valley areas outside of the floodplain. 9 Development of the proposed Commercial Core Planning Area would not cause a population increase within the City. Residential uses are not a permitted use within the Commercial Core Planning Area and the General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.2: Limit density of development in the hillsides, floodplains, and other high risk areas. Open space and natural features provide visual quality in San Juan Capistrano. Open spaces also can protect community safety by limiting development in high risk areas such as hillsides and floodplains. The quality of life can also be maintained by preserving areas which contribute to the community in an open space capacity, such as groundwater recharge and recreational areas. The proposed uses within the Commercial Core Planning Area are not high-density land uses. As part of the proposed development, the elevation of a portion of the site will be raised to remove that portion from the floodplain consistent with local, state, and federal requirements. In addition, no open spaces or natural features are located on the site. GOAL 4: Preserve major areas of open space and natural features. The project site is currently a commercial plant nursery and is designated by the Los Rios Specific Plan for commercial uses (not open space or agricultural uses). The project site does not contain natural topography or natural features that have functioned as public open space or would represent a natural hazard. Although the project site is within a 100-year flood plain, specific plan amendment includes a Water Quality Management Plan specifying that proposed buildings would be elevated above flood depths anticipated for the site. The project site consists of a commercial nursery operation and would not affect ridgelines or its immediate adjacent area. Therefore, the Modified Project would be consistent with Goal 4 of the Land Use Element. GOAL 5: Encourage commercial development which serves community needs and is located in the existing central business district. The Modified Project has been designed to serve the community with retail, restaurants, and office and community gatherings. The Commercial Core Planning Area has been specifically designed to complete the buildout of the Los Rios Specific Plan. The site has been designated for low density commercial uses since at least the 1970’s and its location acts as an extension of the City’s downtown area. GOAL 6: Enhance or redevelop underperforming commercial centers. Policy 6.1: Allow for the transition of the oversupply of commercial land use to other economically viable revenue producing land uses. 10 Although the site is not considered an underperforming commercial center, the existing nursery could be considered an underperforming commercial use that would be redeveloped as part of the Commercial Core Planning Area. No transition of land uses are proposed as part of the Specific Plan Amendment. GOAL 7: Enhance and maintain the character of neighborhoods. The Modified Project has been designed as a neighborhood-scale commercial and office development that highlights the agrarian history of the area. The project site would be developed with 59,067 square feet of commercial and office space in seven buildings: Marketplace, Mercantile, Greenhouse, Red Barn, Farmstead, Hay Loft/Restrooms, and Workshop. The overall design concept for the project depicts a pedestrian-oriented development, with outdoor seating and dining areas that incorporate a California-native landscape palette. The center would provide indoor and outdoor dining, farm fresh produce, and unique retail venues. A grassy common setting provides varied seating options and communal tables for outdoor dining. Consistent with the project theme, the proposal proposes to replace the existing asphalt on River Street with decomposed granite to enhance the pedestrian path. The Modified Project also includes a parking area with a Sycamore grove that would be accessed via Paseo Adelanto and Los Rios Street. Policy 7.1: Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non-conforming buildings and uses. The project site has been designated and used for commercial uses for over 40 years. The proposed uses within the Commercial Core Planning Area are not considered to be non-conforming buildings or uses. The Commercial Core Planning Area includes new uses that have been specifically designed to minimize impacts to the adjacent residential uses within the Los Rios Street Historic District. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. There are no physical characteristics of the site that would preclude development of the Commercial Core Planning Area. The Modified Project has been specifically designed to minimize impacts to the adjacent residential uses within the Los Rios Street Historic District. The available and required public infrastructure to serve the Commercial Core Planning Area was assessed as part of the EIR process. Policy 7.4: Protect the existing population and social character of older areas subject to rehabilitation and redevelopment. The Modified Project with seven uniquely crafted buildings to reflect the existing character of the community has been designed and will be accessible to pedestrians via River Street, a rehabilitated pedestrian pathway with decomposed granite to enhance the pedestrian path, edge landscaping and a historic depiction program. 11 Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. Policy 1.4: Improve the San Juan Capistrano circulation system roadways in concert with land development to ensure sufficient levels of service. The Modified Project includes the following roadway improvements: • The addition of a 2nd left turn lane eastbound Del Obispo to northbound Paseo Adelanto. • The widening of the west side of Paseo Adelanto from the southern property line to the intersection with River Street. • The installation of a traffic circle at the intersection of Paseo Adelanto and River Street. The roadway improvements implemented by the proposed project will implement this Goal. Therefore, the Modified Project would be consistent with Goal 1 of the Circulation Element. GOAL 2: Promote and advanced local transportation network. Policy 2.1: Encourage the increased use and expansion of public transportation opportunities. The proposed Commercial Core Planning Area is situated near major public transportation facilities (the San Juan Capistrano train station and OCTA Route 91). The project’s location is ideal for visitors to utilize the use of such facilities. GOAL 4: Minimize the conflict between the automobile, commercial, vehicles, pedestrians, horses, and bicycles. The Modified Project is designed to prohibit vehicular traffic along River Street. River Street will be transitioned from the existing asphalt paved street to a pedestrian pathway with a decomposed granite surface that is reminiscent of the historic use. Vehicular gates and bollards will be installed on the pathway to strictly limit access to emergency vehicles. Conservation and Open Space Element GOAL 4: Prevent incompatible development in areas which should be preserved for scenic, historic, conservation, or public safety purposes. Although the project site does not have historic structures, a portion of the property is located within the Los Rios Street Historic District. Specifically the Modified Project includes improvements to River Street and Los Rios Street. The proposed enhancements to River Street include the removal of asphalt and replacing with decomposed granite results in re-establishing a more natural character to the street and the removal of the property line dividing fence results in re-establishing the view corridor on the entire length of the street; and the installation of a Historic Depiction Program (HDP) adjacent to the street will be designed with high-quality materials and 12 will complement the character of the Los Rios Street Historic District. In addition, the nearest proposed building adjacent to River Street is the Marketplace Building which has a height of 35 feet and has a setback of 10 feet from the edge of River Street and is designed to maintain the character of the Los Rios Street Historic District – with an Agrarian architectural style, standing seam metal roof and corrugated metal and distressed wood siding. The landscape plan includes trees and shrubs along the entire length of River Street. The proposed driveway on Los Rios Street is located in proximity to the existing Ito Nursery access driveway and will include a new sidewalk and landscaping. Additionally, the location of the proposed orchard combined with the strategic placement of buildings acts to shield adjacent residential uses from operational activity associated with proposed land uses. Additionally, primary vehicular access to the site would be provided by Paseo Adelanto, which encourages traffic away from the center of the District. GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. The Modified Project would allow for the development of 59,067 square feet of retail and office uses on the project site. The proposed building on the site would be developed in a manner that would be consistent with the character and scale of adjacent commercial developments surrounding the site, be constructed in the agrarian influenced architectural style, and be consistent with the proposed amendments to the Los Rios Specific Plan development standards and design guidelines. Policy 5.1: Encourage high-quality design in new development and redevelopment to maintain the low-density character of the City. The proposed Specific Plan Amendment includes the Commercial Core Planning Area, which has been designed as a low density specialty retail and office center. The Modified Project has been designed to maintain the character of the Los Rios Street Historic District – with an agrarian architectural style, cedar shake shingles, an earth-toned color palette and board and batten vertical siding. The landscape plan includes trees and shrubs along the entire length of River Street. Policy 5.2: Ensure that new development integrates and preserves areas designated for scenic, historic, conservation, or public safety reasons. The proposed Commercial Core Planning Area has been designed to enhance the Los Rios Street Historic District via sensitive site planning, architecture and landscaping treatments. The Modified Project will preserve historic areas (resources) as provided in Conservation and Open Space Element Goal 4, presented previously. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service. As a part of the environmental review, the Environmental Impact Report (EIR) considered the Modified Project impacts to utility services, and referenced the 13 City’s 2015 Urban Water Management Plan (UWMP), which indicates that there are sufficient water resources to meet full service demands through the year 2040. Specifically, the project-related demand for water would represent a small percentage (0.1 percent) of the City’s water supply in 2020. The City has water capacity to serve the proposed 59,067 square foot retail and office development project. Additionally, wastewater generated as a result of project implementation would represent less than one percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the Modified Project would be consistent with Goal 6. Based on the above findings, the City Council hereby adopts and approves General Plan Amendment (GPA) 18-002. Section 7. Land Use Code Amendment. The City Council of the City of San Juan Capistrano l makes the following findings as established by Section 9-2.321 Flood Land Use Permit, of Title 9, Land Use Code of the City of San Juan Capistrano: A. The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code because the site will be graded to elevate the proposed buildings above the 100-year floodplain elevation. B. Approval of the application will not result in a discernible net increase in water surface elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will not contribute to flooding of other properties not previously inundated by the 100-year storm event because in order to raise the existing grades above the 100-year floodplain elevation, the Modified Project proposes to fill the center portion of the site with approximately 2 to 5 feet of import soil which equates to approximately 19,628 cubic yards of import soil. Although the project site is within a 100-year floodplain, the Modified Project includes a Water Quality Management Plan specifying that proposed buildings would be elevated above flood depths anticipated for site development. C. Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection because the Modified Project will complement the existing aesthetics of the Los Rios Street Historic District and existing grade elevations of the adjacent properties. D. The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete. Based on the above findings, the City Council hereby adopts and approves Flood Plan Land Use Permit (FP) 16-003. 14 Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. The custodian of the record of proceedings is the Office of the City Clerk. Section 9. Notice of Determination. The City Council hereby directs staff to file a Notice of Determination with the County Clerk of the County of Orange within five working days of final Project approval. PASSED, APPROVED AND ADOPTED this 15th day of October 2019. _____________________________________ BRIAN L. MARYOTT, MAYOR ATTEST: ________________________________________ MARIA MORRIS, CITY CLERK 15 EXHIBIT A ENVIRONMENTAL FINDINGS OF FACT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) ENVIRONMENTAL FINDINGS OF FACT MADE PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) SECTION I INTRODUCTION A. Project Description The River Street Marketplace Project (“project” or “proposed project”), as originally proposed and as analyzed in the Environmental Impact Report, included development of approximately 64,900 square feet of commercial retail within five new buildings (“Original Project”). In addition, development includes demolition of the existing single-story sales office, sheds, and various hardscape improvements associated with Ito Nursery, a commercial nursery operating onsite. Project development also requires removal of several trees, shrubs, and other landscape improvements throughout the project site, as well the existing chain-link fence that runs along the entire project boundary. After circulation of the Draft EIR for public review, the Applicant submitted modified project plans, which shift buildings further west, reduce building heights, and reduce overall square footage by 5,833 square feet, from what was analyzed in the Draft EIR (“Modified Project”). Pursuant to the Modified Project site plan, upon clearing, the 5.86-acre project site would be developed with the River Street Marketplace Project, a neighborhood- scale commercial and office development that highlights the agrarian history of the area. The project site would be developed with approximately 59,067 square feet of commercial and office space in seven buildings: Red Barn, Greenhouse, Farmstead, Mercantile, Marketplace, Hay Loft, and the Workshop. The overall design concept for the project depicts a pedestrian-oriented development, with outdoor seating and dining areas that incorporate a California-native landscape palette. The Marketplace building is proposed to be 9,100 square feet, with a proposed tenant mix of 1,274 square feet of storage, 2,366 square feet of market uses, 2,366 square feet of retail shop use, and 3,094 square feet of quickserve/food uses. The Marketplace would provide patrons with a variety of unique boutique retail shopping offerings. Tenants may include a juice bar, artisanal baked goods, farm fresh produce, gourmet cheeses, and specialty meats. Onsite dining options may include specialty deli and sandwich shops, specialty food stalls, and craft beer and wine. The two-story, 22,443 square foot Mercantile building would provide retail, restaurant, and fitness offerings on the ground floor (12,750 square feet), and office/commercial space on the second floor (9,693 square feet). The single-story Greenhouse would house approximately 7,040 square feet of restaurant and retail uses along the eastern portion of the site. The single-story, 8,080-square-foot Red Barn would house restaurant and/or brewery/winery uses in the northeast corner of the site. Along River Street, the single- story, 4,500-square-foot Farmstead would house restaurant uses in the northern portion of the site. In addition a 4,000 square foot Workshop Building and 3,904 Hay Loft Building would provide quality restaurant uses. ENVIRONMENTAL FINDINGS OF FACT Page 2 of 144 In total, the Modified Project tenant mix is proposed to include 3,390 square feet of storage (includes restroom building), 5,225 square feet of fitness space, 9,693 square feet of office, a 2,366 square feet market, 13,251 square feet of retail shops, 14,738 square feet of quality restaurant, and 10,404 square feet of quickserve/high-turnover (sit-down) restaurant, totaling 59,067 square feet within seven (7) buildings. The Modified Project would include 5,833 square feet less of floor area and 50 fewer on-site parking spaces. Because the EIR considered a slightly larger project than the Modified Project now proposes, a subsequent analysis was prepared to determine of these changes in the project site plan triggered the need for recirculation of all or a portion of the Draft EIR. The City prepared a “Technical Memorandum: Environmental Compliance of the Project Modification to the River Street Marketplace EIR”, dated September 19, 2019 (“Tech. Memo.”). The Modified Project requires adoption of the General Plan Amendment, Code Amendment, and Specific Plan Amendment, and approval of Architectural Control, Grading Plan Modification, Flood Plain Land Use Permit, Tree Removal Permit, Site Plan Review, Sign Program, and Development Agreement. B. Legal Requirements Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Section 21002 further states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Pursuant to section 21081 of the Public Resources Code, the City may only approve or carry out a project for which an EIR has been completed that identifies any significant environmental effects if the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. ENVIRONMENTAL FINDINGS OF FACT Page 3 of 144 As indicated above, section 21002 requires an agency to “avoid or substantially lessen” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 [“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level”]; Las Virgenes Homeowners Fed., Inc. v. County of Los Angeles (1986) 177 Cal. App. 3d 300, 309 [“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the project unfeasible”].) While CEQA requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts, an agency need not adopt infeasible mitigation measures or alternatives. (Pub. Res. Code § 21002.1(c) [if “economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency”]; see also State CEQA Guidelines § 15126.6(a) [an “EIR is not required to consider alternatives which are infeasible”].) CEQA defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” (Pub. Res. Code § 21061.1.) The State CEQA Guidelines add “legal” considerations as another indicia of feasibility. (State CEQA Guidelines § 15364.) Project objectives also inform the determination of “feasibility.” (Jones v. U.C. Regents (2010) 183 Cal. App. 4th 818, 828-829.) “‘[F]easibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) “Broader considerations of policy thus come into play when the decision making body is considering actual feasibility[.]” (Cal. Native Plant Soc’y v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000 (“Native Plant”); see also Pub. Res. Code § 21081(a)(3) [“economic, legal, social, technological, or other considerations” may justify rejecting mitigation and alternatives as infeasible] (emphasis added).) Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.) The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a project or a project’s environmental alternatives is not required; rather, the requirement is that ENVIRONMENTAL FINDINGS OF FACT Page 4 of 144 sufficient information be produced “to permit a reasonable choice of alternatives so far as environmental aspects are concerned.” Outside agencies (including courts) are not to “impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken.” (Residents Ad Hoc Stadium Com. v. Board of Trustees (1979) 89 Cal.App.3d 274, 287.) No comments made in the public hearings conducted by the Planning Commission or City Council or any additional information submitted to the City has produced any substantial new information requiring recirculation or additional environmental review of the Final EIR under CEQA because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur, and no feasible Project mitigation measures or Project alternatives as defined in State CEQA Guidelines section 15088.5 were rejected. SECTION 2 FINDINGS REGARDING LESS THAN SIGNIFICANT ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The City Council hereby finds that the following potential environmental impacts of the Project are less than significant and therefore do not require the imposition of Mitigation Measures. A. AESTHETICS 1. Scenic Vistas Threshold: Would the Project have a substantial adverse effect on a scenic vista? Finding: Less than significant. (Page 5.1-28 of the DEIR; pages 3-4 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.1, Aesthetics, starting on page 5.1-27 of the DEIR. Scenic vistas are panoramic views of features such as mountains, forests, the ocean, or urban skylines. The project site is in an urban area and in the interior of a block surrounded by other urban land uses. The most continuous scenic vista visible from the project area is of ridgelines in southern San Juan Capistrano east of I-5. As shown in the existing photographs on Figures 5.1-3 through 5.1-6 of the DEIR, the project site currently provides limited views of surrounding hills and ridgelines, which are largely obscured by surrounding buildings, trees, and vegetation. No panoramic view or other scenic vista would be substantially blocked by the proposed project. Of the four views, the ridgeline views from Paseo Adelanto would be most affected (see View B in Figure 5.1-4 of the DEIR), however, this location of the project site offers limited views of the surrounding ridgeline under existing conditions. Views of the ridgeline to the south ENVIRONMENTAL FINDINGS OF FACT Page 5 of 144 would not be affected by the proposed development; travelers commuting Paseo Adelanto or pedestrians and cyclists traveling Trabuco Creek Trail would continue to experience views of the ridgeline to the south and southeast. The Draft EIR also included photo simulations illustrating exactly how the project would impact views from various vantage points, and show the height of the proposed structures and what it would look like when completed. The Los Rios Specific Plan includes guidance about preservation of views from Del Obispo Street to surrounding hills. The Los Rios Specific Plan requires that landscaping be used to “frame and direct” these views and screen undesirable views of land uses that are not consistent with the area’s character. Views from the historic corridor of Del Obispo Street would be largely unaffected due to the project site’s location behind other land uses and slightly downslope from Los Rios Street. For example, the pedestrian’s view toward the project site from Los Rios Street (see View A in Figure 5.1-3 of the DEIR) would include new buildings, trees, and landscaping, but would still offer limited views of ridgelines to the west. Therefore, project impacts to scenic views are less than significant. Like the Original Project, The Modified Project still proposes a neighborhood- scale commercial and office development that highlights the agrarian history of the area. The type and scale of development on of the Modified Project does not differ substantially from that analyzed in the River Street Marketplace Project EIR. The overall square footage of the Modified Project would result in a reduction of 5,833 square feet. For buildings already analyzed in the Draft EIR, all heights remain the same or reduced than previously analyzed, and new buildings on site are 30 feet or below which remains within or under the 25 to 35-foot range that was proposed for all River Street Marketplace buildings on site in the EIR. Therefore, impacts remain less than significant. 2. Scenic Resources Threshold: Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Finding: No impact. (Page 8-3 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.2, Aesthetics, page 8-3 of the DEIR. The project site is not located near a state- or county-designated scenic highway. SR-74 east of I-5 and I-5 south of SR-74 are eligible for scenic highway status but not officially designated. These roadway segments are not visible from the project site. Furthermore, due to its location near the downtown of a largely developed community, views of the project site from these highways are obstructed by buildings, trees, and other vegetation. Implementation of the Modified project would not alter scenic resources within a state scenic highway and no impacts would occur. ENVIRONMENTAL FINDINGS OF FACT Page 6 of 144 3. Visual Character Threshold: Would the Project substantially degrade the existing visual character or quality of the site and its surroundings? Finding: Less than significant. (Pages 5.1-24 and 5.1-27 of the DEIR; pages 3-4 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.1, Aesthetics, Impact 5.1-1 and 5.1-2, starting on page 5.1-24 of the DEIR. The proposed project would not substantially degrade its existing visual character or quality. Because the proposed project would replace an existing land use that gives the project site a somewhat undeveloped appearance, its development would represent a substantial change in the appearance of the project site. The project would introduce new structures and hardscape that are visually distinct from adjacent land uses to the north (Zoomars Petting Zoo) and east (historic, single-story residential structures along Los Rios Street) that have a rural character. However, the proposed project has been intentionally designed to create an architectural style that contributes to the area’s existing visual appearance and character. Instead of orienting the proposed buildings to a rigid orthogonal grid that is often found in more urban-scaled development, the project’s five buildings are arranged as an informal cluster of structures (see Figure 3-4) that mimics the placement of buildings in a rural, agrarian community. Furthermore, as shown in Figures 3-5 and 3-6, the five proposed building have been designed to embody an agrarian set of building typologies, including barns, greenhouses, and water towers. Architectural styles, colors, materials (such as raw steel, wood siding, and corrugated metal), and a landscape palette emphasizing California native plants are used to continue this context-sensitive theming As demonstrated in Table 5.1-1 of the DEIR, the proposed project is consistent with the City’s goals and policies governing urban design in the Los Rios Specific Plan area. Although the proposed project is located in a historic area, the project site is adjacent to the City’s train station, in the near vicinity of a variety of commercial businesses and land uses, and in an area long planned for further development. Although the current use at the site is the Ito Nursery, this is a commercial nursery for landscape plants, and the site is not currently, and has never been, used for agriculture The proposed project would not substantially degrade the existing visual character or quality of the project site and its surroundings. The proposed project has been designed to complement the historic, rural atmosphere of the Los Rios Specific Plan area, and the project would not introduce buildings that are dramatically out of scale or character with surrounding land uses. Furthermore, proposed trees, landscaping, and pedestrian amenities would soften the visual impact of the proposed buildings when viewed from outside the project site. Provisions of the proposed project, including the development regulations, design guidelines, site lighting plan and master sign program would ensure that design details of the proposed project are context-sensitive and of high quality. Impacts related to visual appearance and community character would be less than significant. The development regulations provide specific standards for land use ENVIRONMENTAL FINDINGS OF FACT Page 7 of 144 development and general landscaping development standards within the Commercial Core Planning Area, and encourage the most appropriate use of the land, ensure the highest quality of development, and protect the public health, safety, and general welfare. The proposed project would not cause shade and shadow impacts on surrounding uses. Land uses near the project site that are sensitive to shade and shadows include residential uses to the immediate east along Los Rios Street and the petting zoo to the immediate north across River Street. As the project site is largely vacant, existing shade and shadows generated onsite are from existing trees. The proposed project includes five buildings that would vary in size, bulk, and height, ranging from 25 to 35 feet. The two tallest buildings would be near the center of the project site. All proposed buildings are separated from the project site’s eastern boundary by a 20-foot-wide gated drive aisle. At its narrowest, this buffer is 26 feet, 4 inches between the Red Barn and site boundary, 30 feet, 5 inches between the Green House and site boundary, and 31 feet between the Marketplace and site boundary. In general, this buffer would absorb some of the shadow generated by the proposed buildings. River Street would provide a similar buffer for shadows cast by the Farmstead building toward the Zoomars petting zoo. For most of the day, buildings onsite would not cast substantial shadows. For example, at summer solstice, morning shadows would be cast almost entirely within the project site. In the evening (generally 6:00 p.m. and later), shadows from the Marketplace, Green House, and Red Barn buildings would fall eastward onto land uses along Los Rios Street. However, this would be during a small window of time during the evening when these properties already experience shadows from existing trees and structures. At winter solstice, substantial shadows would be cast in the morning (in a northwest direct across River Street) and in the evening (eastward toward Los Rios Street). However, due to the proposed buildings’ orientation and height, these shadows would be generated for small intervals of time. For example, even at winter solstice, project-related shadows falling on Zoomars Petting Zoo would end by approximately 9:00 a.m., which is when the business opens on weekends. Winter shadows would also be cast eastward in the evening but would only fall on adjacent land uses between approximately 3:30 p.m. and 5:00 p.m. In summary, most outdoor activities conducted near the project site—including activities at the nearby petting zoo—would be unaffected by shadows cast by the five proposed buildings. Shadows would be cast on adjacent shadow-sensitive uses for only small windows of time and outside of hours normally used for outdoor activity. Furthermore, most shade generated by the proposed buildings would be onsite. Therefore, shade and shadow impacts would be less than significant. Further, like the Original Project, The Modified Project still proposes a neighborhood-scale commercial and office development that highlights the agrarian history of the area. The type and scale of development on of the Modified Project does not differ substantially from that analyzed in the River Street Marketplace Project EIR. The overall square footage of the Modified Project would result in a reduction of 5,833 ENVIRONMENTAL FINDINGS OF FACT Page 8 of 144 square feet. For buildings already analyzed in the Draft EIR, all heights remain the same or reduced than previously analyzed, and new buildings on site are 30 feet or below which remains within or under the 25 to 35-foot range that was proposed for all River Street Marketplace buildings on site in the EIR. Therefore, impacts remain less than significant. Site layout remains largely similar, with buildings all centered around a central green area, maintaining themed buildings and an earth-toned palette. The addition of the “Hay Loft/Restrooms” structure would be between the Red Barn and the “Greenhouse” and would not obstruct views more so than what was previously analyzed. The “Workshop,” another new building proposed, would be adjacent to the relocated Mercantile building (west towards Paseo Adelanto) and the relocated Farmstead building (south towards the surface parking lot). Since the Workshop building is 30 feet in height and is shorter than both the Mercantile and Farmstead building, it would be blocked by surrounding buildings and would not obstruct views previously analyzed. The Marketplace would be relocated to the northern portion of the site where the Farmstead building previously was proposed. Like the Original Project, the Modified Project would be required to comply with applicable regulations and provisions identified in the River Street Marketplace Project EIR related to aesthetics to assure that impacts would remain less than significant, This includes compliance with the California Building Code: Building Energy Efficiency Standards, City of San Juan Capistrano Municipal Code and General Plan, Citywide Architectural Design Guidelines, and the Los Rios Specific Plan. Impacts would remain less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 9 of 144 4. Light and Glare Threshold: Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Finding: Less than significant. (Page 5.1-29 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.1, Aesthetics, Impact 5.1-4, starting on page 5.1-28 of the DEIR. The proposed project would introduce new sources of lighting, including building, security, and parking lighting. New sources of glare would include exterior glazing (e.g., windows and doors) on the five proposed buildings and cars in the parking area. However, the large number of trees proposed for the project site¬, including 158 newly planted trees, would create a substantial buffer to shield surrounding land uses from light and glare generated onsite. To demonstrate compliance with Section 9-3.529, Lighting Standards, of the City’s municipal code (see Section 5.1.1.1, Regulatory Setting of the DEIR), the project applicant submitted a site photometric analysis and lighting plan for the proposed project. The lighting plan (see Figure 5.1-7 of the DEIR) identifies six types of lighting fixtures that would be used on the project site. • Parking pole/pedestrian pole lighting. These fixtures would be located in the parking lot, along River Street and Paseo Adelanto, and along the gated drive aisle at the eastern edge of the project site. They would be styled to match the architecture of the project’s buildings and would face downward with shielding as required. • Building sconces. Downward-facing sconces would match pole lighting (see above) and would be attached to the wall planes of four of the five buildings. • Canopy and trellis lighting. These accent lights would be attached to the underside of canopies and trellises. They would generally be located around the proposed project’s central courtyard. • Tree lantern lighting. These would be small lights in trees adjacent to the central courtyard and along the pedestrian connection to Los Rios Street. • Tree uplighting. These light fixtures would also be located in trees but would be limited to four specimen trees, including the cluster of torch cacti. Although this lighting would face upward, it would be required to comply with 9-3.529 of the municipal code related to light overspill. • Festoon lighting. As shown in Figure 5.1-7 of the DEIR, these would consist of overhead strings or rows of small lights connecting the proposed project’s buildings. Due to their location within the proposed cluster of buildings, they would not be expected to generate substantial light overspill onto surrounding land uses. ENVIRONMENTAL FINDINGS OF FACT Page 10 of 144 The range of fixture types listed above is consistent with the Los Rios Specific Plan’s requirement that lighting “create different levels of light intensity to accent or highlight important structures, spaces, or landscape elements (trees, fountains, sculpture, etc.)” (San Juan Capistrano 1978). Approval of the proposed project would amend the Los Rios Specific Plan to include the proposed project’s lighting plan. The photometric analysis prepared for the proposed project (see Figure 5.1-8 of the FEIR) demonstrates that the project complies with Section 9-2.401, Nuisances, of the municipal code, which requires that “no operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds one foot-candle, whether the illumination is direct or indirect light from the source.” While locations within the project site would produce illumination above this level, illumination levels generally decrease to below 0.4 foot-candle at adjacent sensitive uses (Zoomars Petting Zoo north of River Street and residential uses east of the project site). During the City’s plan check process, the final lighting plan and photometric plan will be reviewed and approved by the Development Services Department to ensure that the project complies with Municipal Code Section 9-2.401. Outdoor lighting would be required to comply with energy efficiency standards in the California Building Code (see Section 5.1.1.1, above), which require shielding and dimming of outdoor lighting to reduce inefficient light overspill. Overall, illumination generated by the proposed project would be required to comply with provisions of the municipal code and the Los Rios Specific Plan related to outdoor lighting. For example, the Los Rios Specific Plan requires that “No internally illuminated blinking or flashing signs are permitted. All sign lighting to be directed away from view of residences and should incorporate glare shields as appropriate.” Adherence to these standards would ensure that the proposed commercial uses would not create substantial adverse effects on surrounding land uses due to excessive light overspill or glare. Therefore, impacts from the Modified Project relating to light and glare would be less than significant B. AGRICULTURE AND FOREST RESOURCES 1. Prime Farmland Threshold: Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Finding: No impact. (Page 8-2 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.1, Agriculture and Forestry Resources, starting on page 8-1 of the DEIR. ENVIRONMENTAL FINDINGS OF FACT Page 11 of 144 The project site is mapped as Urban and Built-Up Land, and not as important mapped farmland, on the California Important Farmland Finder maintained by the Division of Land Resource Protection (DLRP 2018). Development of the Modified Project would not convert important mapped farmland to non-agricultural use, and no impact would occur. ENVIRONMENTAL FINDINGS OF FACT Page 12 of 144 2. Agricultural Zoning Threshold: Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract? Finding: No impact. (Page 8-2 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.1, Agriculture and Forestry Resources, starting on page 8-1 of the DEIR. The General Plan land use and Zoning designation of the project site is Specific Plan/Precise Plan. The project site is designated Low Density Commercial (LDC) in the current Los Rios Specific Plan, which allows for nurseries, open markets, arts and crafts workshops, display, retail and conditionally approved equestrian uses. Permitted non- retail uses include greenhouse, crop and tree farming, and wholesale nursery. The proposed project would continue to permit these uses within the Commercial Core Planning Area and would not conflict with existing zoning for agricultural uses. Williamson Act contracts restrict the use of privately-owned land to agriculture and compatible open space uses under contract with local governments. In exchange, the land is taxed based on actual use rather than potential market value. The site is not under a Williamson Act contract (DLRP 2004). No impact would occur. 3. Forestland Zoning Threshold: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? Finding: No impact. (Page 8-2 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.1, Agriculture and Forestry Resources, starting on page 8-1 of the DEIR. The General Plan land use and Zoning designation of the project site is Specific Plan/Precise Plan. Within the Los Rios Specific Plan, the site is designated as Low Density Commercial (LDC). The site is not zoned as forest land, timberland, or timberland production, and no impact would occur. 4. Loss of Forest Land Threshold: Would the Project result in the loss of forest land or conversion of forest land to non-forest use? Finding: No impact. (Page 8-2 of the DEIR) ENVIRONMENTAL FINDINGS OF FACT Page 13 of 144 Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.1, Agriculture and Forestry Resources, starting on page 8-1 of the DEIR. The project site is a commercial nursery. The site is not forest land, and project development would not convert forest land to non-forest use. No impact would occur. 5. Conversion of Farmland or Forestland Threshold: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Finding: No impact. (Page 8-2 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.1, Agriculture and Forestry Resources, starting on page 8-1 of the DEIR. The project site is not mapped important farmland or forest land, and no impact would occur. C. AIR QUALITY 1. Air Quality Plans Threshold: Would the Project conflict with or obstruct implementation of the applicable air quality plan? Finding: Less than significant. (Page 5.2-28 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-1, starting on page 5.2-28 of the DEIR, and on page 5 of the Tech. Memo. CEQA requires that projects be evaluated for consistency with the AQMP. A consistency determination plays an important role in local agency project review by linking local planning and individual projects to the AQMP. It fulfills the CEQA goal of informing decision makers of the environmental effects of a project under consideration at a stage early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with ongoing information as to whether they are contributing to the clean air goals of the AQMP. The regional emissions inventory for the SoCAB is compiled by SCAQMD and SCAG. Regional population, housing, and employment projections developed by SCAG are based, in part, on the local jurisdictions’ general plan land use designations. These projections form the foundation for the emissions inventory of the AQMP. These demographic trends are incorporated into the 2016–2040 Regional Transportation Plan/Sustainable Communities Strategy, compiled by SCAG to determine priority transportation projects and vehicle miles traveled within the SCAG ENVIRONMENTAL FINDINGS OF FACT Page 14 of 144 region. Projects that are consistent with the local general plan are considered consistent with the air quality–related regional plan. Per the CEQA Guidelines Section 15206 screening guidelines, because the proposed project would require an amendment to the City’s General Plan, and an EIR has been prepared to analyze project-related environmental impacts, the proposed project is considered regionally significant by SCAG. However, as discussed in Section 8.10, Population and Housing, of the DEIR, implementation of the proposed project would not result in population growth. Additionally, while the proposed project would create up to 250 new jobs, the number of new jobs created would be within the job growth projections for the City. Furthermore, as discussed in Impact 5.2-3 of the DEIR, operation of the proposed project would not generate long-term regional emissions that would exceed the SCAQMD regional significance thresholds. Further, the Modified Project reduces square footage by 5,833 from what was analyzed in the DEIR, indicating that air emissions will actually be slightly less. Therefore, the Modified Project would be consistent with the AQMP, and impacts are less than significant. 2. Air Quality Standards – Long-term Operation Threshold: Would the Project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Finding: Less than significant. (Page 5.2-31 of the DEIR; page 5 of the Tech. Memo.). Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-3, starting on page 5.2-30 of the DEIR, and page 5 of the Tech. Memo. Refer to Section 3, Impacts That Are Less Than Significant With Mitigation Incorporated, of these Findings for Construction-related impacts. Long-term air pollutant emissions would be generated by the project from transportation sources, area sources (e.g., landscape fuel use, aerosols, and architectural coatings), and energy use (natural gas). Table 5.2-10, Maximum Daily Regional Operational Phase Emissions, of the DEIR identifies the criteria air pollutant emissions that would result from implementation of the proposed project. As shown in the table, project-related air pollutant emissions would not exceed the SCAQMD’s regional emissions thresholds for operational activities. Further, the Modified Project reduces square footage by 5,833 from what was analyzed in the DEIR, and would reduce operational trips by 329 than what was analyzed. Therefore, impacts would be less than significant. 3. Criteria Pollutants – Long-term Operation Threshold: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality ENVIRONMENTAL FINDINGS OF FACT Page 15 of 144 standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Finding: Less than significant. (Page 5.2-31 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-3, starting on page 5.2-30 of the DEIR, and page 5 of the Tech. Memo. Refer to Section 3, Impacts That Are Less Than Significant With Mitigation Incorporated, of these Findings for Construction-related impacts. Long-term air pollutant emissions would be generated by the project from transportation sources, area sources (e.g., landscape fuel use, aerosols, and architectural coatings), and energy use (natural gas). Table 5.2-10, Maximum Daily Regional Operational Phase Emissions, of the DEIR identifies the criteria air pollutant emissions that would result from implementation of the proposed project. As shown in the table, project-related air pollutant emissions would not exceed the SCAQMD’s regional emissions thresholds for operational activities. Further, the Modified Project reduces square footage by 5,833 from what was analyzed in the DEIR, and would reduce operational trips by 329 than what was analyzed. As described in the DEIR, the Modified Project could result in the use of standard onsite mechanical equipment such as heating, ventilation, and air conditioning units in addition to occasional use of landscaping equipment for project site maintenance, but air pollutant emissions generated from these activities would be nominal. Therefore, impacts would be less than significant. 4. Sensitive Receptors – Long-term Operation Threshold: Would the Project expose sensitive receptors to substantial pollutant concentrations? Finding: Less than significant. (Page 5.2-33 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-4, starting on page 5.2-33 of the DEIR, and page 5 of the Tech. Memo. Refer to Section 3, Impacts That Are Less Than Significant With Mitigation Incorporated, of these Findings for Construction-related impacts. Operational Phase LSTs SCAQMD’s Localized Significance Threshold Methodology (LST) was applied to determine whether the project could result in a potentially significant impact. The LST are designed to screen for potential localized impacts, using them to screen for potential localized impacts from a larger project—i.e., one in which emissions will be dispersed over a larger area—is a conservative approach. The greater the size of a project site, the higher total emissions can be without creating localized impacts. This is reflected in ENVIRONMENTAL FINDINGS OF FACT Page 16 of 144 the SCAQMD’s thresholds for both construction and operational impacts, which set forth higher thresholds for larger project sites. (See DEIR, Table 5.2-6; South Coast Air Quality Management District, Localized Significance Threshold Methodology, July 2008.) Thus, as explained in the Draft EIR, the LST can appropriately “be used for larger projects to determine whether or not dispersion modeling may be required.” (DEIR, p. 5.2-25.) Operation of the proposed project would not generate substantial quantities of emission from onsite, stationary sources. Land uses that have the potential to generate substantial stationary sources of emissions that would require a permit from SCAQMD include industrial land uses such as chemical processing and warehousing operations where substantial truck idling could occur onsite. The proposed project does not fall within these categories of uses. While operation of the proposed project could result in the use of standard onsite mechanical equipment such as heating, ventilation, and air conditioning units in addition to occasional use of landscaping equipment for project site maintenance, air pollutant emissions generated from these activities would be nominal (see Table 5.2-10 of the DEIR). Therefore, localized air quality impacts related to stationary-source emissions would not expose sensitive receptors to pollutant concentrations. CO Hotspots Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited—in order to generate a significant CO impact. The proposed project would result in a high of up to approximately 176 peak hour trips and would be below the CO hotspots screening criteria (LLG 2018). Thus, implementation of the proposed project would not produce the volume of traffic required to generate a CO hotspot. Therefore, implementation of the proposed project would not have the potential to substantially increase CO hotspots at intersections near the project site, and impacts would be less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 17 of 144 5. Odors Threshold: Would the Project create objectionable odors affecting a substantial number of people? Finding: Less than significant. (Page 5.2-34 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-5, starting on page 5.2-34 of the DEIR. The type of facilities that are considered to have objectionable odors include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The proposed land uses would not result in the types of odors generated by the aforementioned land uses. While the proposed restaurants could potentially emit odors from their operation, odors from restaurants are not typically considered objectionable odors that would affect a substantial number of people. In addition, proposed uses would be subject to SCAQMD Rule 402, which would minimize and provide a control for odors. Emissions from construction equipment, such as diesel exhaust and volatile organic compounds from architectural coatings and paving activities, may also generate odors. However, these odors would be low in concentration, temporary, and are not expected to affect a substantial number of people. Therefore, overall, potential odor impacts associated with implementation of operation of the Modified Project are considered less than significant. D. BIOLOGICAL RESOURCES 1. Riparian Habitat Threshold: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Finding: No Impact. (Page 8-3 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.3, Biological Resources, starting on page 8-3 of the DEIR, and page 5 of the Tech. Memo. Sensitive natural communities are natural communities that are considered rare in the region by regulatory agencies; that are known to provide habitat for sensitive animal or plant species; or are known to be important wildlife corridors. Riparian habitats are those occurring along the banks of rivers and streams. No riparian, vernal pool or sensitive natural communities regulated by the CDFW occur within or adjacent ENVIRONMENTAL FINDINGS OF FACT Page 18 of 144 to the project site. The project site is dominated by heavily disturbed, developed lands, and does not possess any native vegetation communities. Biological resource impacts for the Modified Project would be similar to that analyzed in the DEIR, because the development area would remain the same. The Modified Project would not result in development on previously designated sensitive habitat or areas set aside for preservation. No impact would occur. 2. Wetlands Threshold: Would the Project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Finding: Less than significant. (Page 5.3-9 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.3, Biological Resources, Impact 5.3-2, starting on page 5.3-9 of the DEIR, and page 5 of the Tech. Memo. No wetlands regulated by the United States Army Corps of Engineers, CDFW, or the Regional Water Quality Control Board were documented within or adjacent to the project site. The proposed project would not result in direct impacts to federally protected wetlands through removal, filling, or hydrological interruption. No improvements or relocation of the existing storm drain outlet structure (inlet) located within the Trabuco Canyon flood-prone area would occur as a result of projection initiation or construction. The proposed project would comply with all applicable water quality regulations, including obtaining and complying with conditions established in the City of San Juan Capistrano MSR and National Pollution Discharge Elimination System (NPDES) Stormwater program permits. Both of these permits include the treatment of all surface runoff from paved and developed areas, the implementation of applicable best management practices (BMPs) during construction activities, and the installation and proper maintenance of structural BMPs to ensure adequate long-term treatment of water before entering into any stream course. Biological resource impacts for the Modified Project would be similar to that analyzed in the DEIR, because the development area would remain the same. The Modified Project would not result in development on previously designated sensitive habitat or areas set aside for preservation. No impact would occur. 3. Local Policies and Ordinances Threshold: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy ENVIRONMENTAL FINDINGS OF FACT Page 19 of 144 or ordinance, including but not limited to the City of Claremont’s tree Policies and Guidelines Manual Governing City-owned trees; Chapter 12.26 of the Claremont Municipal Code, as amended; or General Plan policies concerning City-owned or privately-owned trees? Finding: Less than significant. (Page 5.3-10 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.3, Biological Resources, Impact 5.3-3, starting on page 5.3-9 of the DEIR, and page 5 of the Tech. Memo. Tree removals associated with new development and discretionary land uses approvals are subject to the City’s tree removal ordinance. (San Juan Capistrano Municipal Code [SJCMC], Section 9-2.349), which requires specified findings for removal of trees with a trunk diameter six inches or greater measured three feet above grade. Tree removal is permitted where the tree is nonnative or invasive species, is a safety hazard, replacements trees are more appropriate to the site and planting area, or other findings made pursuant to SJCMC, Section 9-2.349(e). There are no heritage trees present on the project site, since none of the existing trees onsite have a 36 inch or greater trunk diameter at breast height. As shown on the Tree Mitigation Plan (Appendix C of the DEIR), the vast majority of trees to be removed are (i) not native, (ii) invasive, (iii) dead, and/or (iv) are a safety hazard. For example, the pepper tree to be removed cannot hold itself upright and is therefore a safety hazard. Additionally, removal of 34 trees onsite would be replaced with 158 new trees. The project would add approximately 124 more trees than currently exist, as well as a greater number of shrubs and groundcover, which is consistent with the requirements of the City’s tree removal ordinance. Therefore impacts of the Modified Project would be less than significant. 4. Habitat Conservation Plans Threshold: Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding: No Impact. (Page 8-3 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.3, Biological Resources, starting on page 8-3 of the DEIR. The project site is in the plan area of the Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) for the Central and Coastal Subregion of Orange County. The NCCP/HCP plan area spans approximately 208,000 acres, including 37,378 acres of reserves; and protects 39 covered species in 12 natural ENVIRONMENTAL FINDINGS OF FACT Page 20 of 144 communities (CDFW 2017; COEMA 1996). The project site is in an area designated for urban development and is not in a reserve designated under the NCCP/HCP—there are no survey requirements for the site pursuant to the NCCP/HCP. Additionally, the project site is developed/disturbed and in an urbanized of the city and does not support any sensitive habitat and/or species that are protected by the NCCP/HCP. Therefore, project development would not result in a conflict, either directly or indirectly, with the established NCCP/HCP. The Modified Project occurs on the same site as analyzed in the DEIR. No impact would occur. E. CULTURAL RESOURCES 1. Historical Resources Threshold: Would the Project cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? Finding: Less than significant. (Page 5.4-28 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, Impact 5.4-1, starting on page 5.4-19 of the DEIR, and page 5 of the Tech. Memo. The project site contains one historical resource, River Street, and is bordered by the Los Rios Historic District to the north and east. Additionally, the portion of Los Rios Street that would be trenched for sewer pipe upsizing, is a historical resource, however, it is outside of the boundary of the Los Rios Historic District. These resources are listed under the IHCL, CRHR, and NRHP. Under CEQA, a project has a significant impact on a historical resource if it “would result in the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resources would be materially impaired” (CEQA Guidelines Section 15064.5(b)(1)). Material impairment would occur if the project would result in demolition or material alteration of those physical characteristics that convey the resource’s historical significance (CEQA Guidelines Section 15064.5(b)(2)). The project would have the potential to result in indirect impacts to historical resources if it would result in new development that is incompatible, spatially obstructive, or would otherwise damage the integrity of a historical resource. For the purposes of assessing the potential for impacts to historical resources– the Los Rios Historic District and the IHCL listed properties–the proposed project has been evaluated for conformance to the Secretary of the Interior’s Standards for Rehabilitation and for consistency with the applicable goals and policies contained within the Los Rios Specific Plan. The prescriptive language within these documents provides guiding principles and an approach to inform development of new construction at or adjacent to historic properties, including historic districts. Additionally, pursuant to ENVIRONMENTAL FINDINGS OF FACT Page 21 of 144 CEQA Guidelines Section 15064.5 significant impacts resultant from a proposed project can be mitigated to a less than significant level of impact by meeting the Secretary of the Interior’s Standards. Where applicable, references to direct/material impacts and indirect/visual impacts are included in the Secretary of the Interior’s Standards for Rehabilitation compliance conclusions. Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Secretary of the Interior’s Standards for Rehabilitation provide the highest level of flexibility for alterations, reuse or adaptive reuse, and new construction at or in close proximity to a historic property. For the purposes of design review and CEQA analysis, proposed projects are analyzed by the Secretary of Interior’s ten rehabilitation standards. The proposed project’s direct and indirect impacts were evaluated against these standards starting on page 5.4-20 of the DEIR. As demonstrated, the proposed project is fully consistent with the Secretary of Interior’s Standards for Rehabilitation, and impacts to historical resources are less than significant. Further, the project’s operations will not be dramatically different and/or incompatible with other businesses in the vicinity. A number of restaurants and bars within the City’s historic downtown have similar or much later hours of operation than the project proposes. Regardless, the hours of operation would not result in any physical alteration of the Los Rios Historic District and thus would not result in a significant impact on a historic resource for purposes of CEQA. Table 5.4-2 of the DEIR includes a summary response to the goals and policies of the Los Rios Specific Plan that are salient to the scope of this HRAR. As demonstrated in Table 5.4-2, the proposed project would be consistent with the Los Rios Specific Plan. Implementation of the Modified Project would cover the same development area and could uncover cultural resources during grading activities. Historical, archaeological, paleontological resource impacts would be the same as those previously analyzed in the EIR and would remain consistent with the Los Rios Specific Plan. Furthermore, existing regulations and standard conditions would be complied with as identified in the DEIR. Impacts would be less than significant. 2. Human Remains Threshold: Would the Project disturb any human remains, including those interred outside of dedicated cemeteries? Finding: Less than significant. (Page 5.4-30 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, Impact 5.4-4, starting on page 5.4-30 of the DEIR, and page 5 of the Tech. Memo. ENVIRONMENTAL FINDINGS OF FACT Page 22 of 144 There are no known human remains on the project site; the nearest cemetery to the site is the Mission San Juan Capistrano Cemetery about 0.5 mile to the northeast. The likelihood that human remains may be discovered during site clearing and grading activities is low. However, given the prehistory and history of the area, ground-disturbing activities have the potential to disturb previously undiscovered subsurface human remains. California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Implementation of the Modified Project would cover the same development area and could uncover cultural resources during grading activities. Historical, archaeological, paleontological resource impacts would be the same as those previously analyzed in the EIR and would remain consistent with the Los Rios Specific Plan. Furthermore, existing regulations and standard conditions would be complied with as identified in the River Street Marketplace Project EIR. The Modified Project would comply with existing law, and potential impacts to human remains would be less than significant. F. GEOLOGY AND SOILS 1. Faults Threshold: Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: - Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Finding: No impact. (Page 8-4 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.4, Geology and Soils, page 8-4 of the DEIR, and page 6 of the Tech. Memo. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be ENVIRONMENTAL FINDINGS OF FACT Page 23 of 144 required to comply with existing regulations and standard conditions identified as a part of the DEIR. There are no known active faults in or near the project site. The nearest known active fault to the project site is the Newport-Inglewood Fault about 19 miles to the northwest; the nearest Alquist-Priolo Earthquake Fault Zone to the site is along the Newport-Inglewood Fault. Project development would not subject people or structures to hazards from surface rupture of a known active fault. 2. Ground Shaking, Liquefaction Threshold: Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: - Strong seismic ground shaking? - Seismic-related ground failure, including liquefaction? Finding: Less than significant. (Page 5.5-11 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.5, Geology and Soils, Impact 5.5-1, starting on page 5.5-9 of the DEIR, and page 6 of the Tech. Memo. Site preparation and rough grading would involve about 19,500 cubic yards (cy) of fill grading and 2,864 cy of cut. Most of the site is in a 100-year flood zone with flood depths of two feet; the fill grading would raise the site above the 100-year flood elevation. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be required to comply with existing regulations and standard conditions identified as a part of the DEIR. Ground Shaking The intensity of ground shaking at a given location depends primarily upon the earthquake magnitude, the distance from the earthquake source, and the site response characteristics, which are dependent upon the subsurface soil conditions. Therefore, a smaller-magnitude earthquake closer to a site could induce greater shaking than a larger-magnitude earthquake further away. The intensity of ground shaking at a given location depends on several factors, but primarily on the earthquake magnitude, the distance from the epicenter to the site of interest, and the response characteristics of the soils or bedrock units underlying the site. In southern California, there is no way to avoid earthquake hazards. Based on 2016 CBC Section 1613.3, a site-specific ground motion analysis was conducted and determined that the ground acceleration used for project design shall be 0.499g where g is the acceleration of gravity. Ground ENVIRONMENTAL FINDINGS OF FACT Page 24 of 144 acceleration of 0.499g correlates with intensity VIII on the Modified Mercalli Intensity (MMI) Scale (Wald et. al. 1999). In an intensity VIII earthquake, damage is slight in specially designed structures; considerable damage occurs in ordinary substantial buildings with partial collapse; and damage is great in poorly built structures. Chimneys, factory stacks, columns, monuments, and walls fall, and heavy furniture is overturned (USGS 2018). The CBC and City Building Code provide the appropriate building design criteria needed to protect the structural integrity of structures and infrastructure against damage and collapse. The proposed project will be designed and constructed in accordance with the City of San Juan Capistrano Building Code, which adopts the California Building Code (CBC), which is based on the International Building Code (IBC). New construction, alteration, or rehabilitation shall comply with applicable ordinances set forth by the City building and seismic codes in effect at the time of project design. In accordance with Section 1803.2 of the 2016 CBC, a geotechnical investigation is required that must evaluate soil classification, slope stability, soil strength, position and adequacy of load-bearing soils, the effect of moisture variation on soil-bearing capacity, compressibility, liquefaction, and expansiveness, as necessary, determined by the Building Official. The geotechnical investigation must be prepared by registered professionals (i.e., California Registered Civil Engineer or Certified Engineering Geologist). Recommendations of the report, as they pertain to structural design and construction recommendations for earthwork, grading, slopes, foundations, pavements, and other necessary geologic and seismic considerations, must be incorporated into the design and construction of the proposed project. Seismic design parameters for the project are set forth in the preliminary geotechnical investigation report (see Appendix E1 of the DEIR). Project design and construction would comply with 2016 CBC standards for earthquake resistance. Seismic design criteria and requirements in the CBC would allow structures and infrastructure to withstand seismic ground shaking and reduce hazards to persons and property. The CBC also requires that the recommendations of the geotechnical report, prepared by registered professionals (i.e., California Registered Civil Engineer or Certified Engineering Geologist), be incorporated into the design and construction of the project. Compliance with CBC requirements, including the seismic design parameters of set forth in Appendix E1 of this EIR, would ensure that the project development would not exacerbate a seismic hazard or subject people or structures to substantial hazards from ground shaking. Liquefaction Liquefaction refers to loose, saturated sand or silt deposits that behave as a liquid and lose their load-supporting capability when strongly shaken. A liquefaction analysis conducted as part of the geotechnical investigation estimated Seismically induced settlement onsite at about 2.5 inches, and differential seismically-induced settlement at about 1.25 inches over a 30-foot span. Estimated liquefaction onsite was considered in the foundation design—exterior continuous footings—recommended in the geotechnical investigation report. Compliance with CBC requirements, including the ENVIRONMENTAL FINDINGS OF FACT Page 25 of 144 foundation design parameters of set forth in Appendix E1 of this EIR, would ensure that project development would not exacerbate a seismic-related ground failure or subject people or structures to substantial liquefaction hazards. 3. Landslides Threshold: Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: - Landslides? Finding: No impact. (Page 8-4 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.4, Geology and Soils, page 8-4 of the DEIR, and page 6 of the Tech. Memo. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be required to comply with existing regulations and standard conditions identified as a part of the DEIR. The site and surroundings are nearly level. The nearest slope to the site is the east bank of Trabuco Creek, opposite Paseo Adelanto west of the site, which is concrete and does not pose a landslide hazard. 4. Erosion Threshold: Would the Project result in substantial soil erosion or the loss of topsoil? Finding: Less than significant. (Page 5.5-12 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.5, Geology and Soils, Impact 5.5-2, starting on page 5.5-11 of the DEIR, and page 6 of the Tech. Memo. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be required to comply with existing regulations and standard conditions identified as a part of the DEIR. Erosion is the movement of soil from place to place, and is a natural process. The main natural agents of erosion in the region are wind and flowing water. Erosion can be accelerated dramatically by ground-disturbing activities if effective erosion control measures are not used. Soil can be carried off construction sites or bare ENVIRONMENTAL FINDINGS OF FACT Page 26 of 144 land by wind and water, and tracked off construction sites by vehicles. Implementation of the proposed project would require grading, exposing onsite soils susceptible to erosion impact, especially during heavy rains. However, reduction of the erosion potential would be accomplished through the requirement to prepare a SWPPP. The project is required to comply with the NPDES General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities, including filing a Notice of Intent and preparing a SWPPP (See Impact 5.8-1, Section 5.8, Hydrology and Water Quality of the DEIR). The SWPPP would specify BMPs to be used to minimize stormwater pollution from project construction, including erosion and sediment. The project construction contractor would implement the specified BMPs. Categories of BMPs specified in SWPPPs are described in Table 5.5-1 of the DEIR. Impacts would be less than significant after implementation of BMPs. At project completion the entire project site would be developed with buildings, surface parking, walkways and other paved areas, and landscaping; thus, soil onsite would not be susceptible to substantial erosion. 5. Unstable Soils Threshold: Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Finding: Less than significant. (Page 5.5-17 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.5, Geology and Soils, Impact 5.5-3, starting on page 5.5-13 of the DEIR, and page 6 of the Tech. Memo. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be required to comply with existing regulations and standard conditions identified as a part of the DEIR. Collapsible Soils Collapsible soils shrink upon being wetted and/or being subject to a load. The uppermost few feet of soil onsite were determined to be compressible, and unsuitable for supporting the proposed buildings, by the geotechnical investigation. The geotechnical investigation report recommends removal of existing soils under the proposed buildings to five feet below existing grade, or three feet below the proposed footings bottoms, whichever is greater. Removed soils would be replaced with engineered and compacted fill. Removal of existing soil under proposed pavement to a depth of one foot is recommended. Compliance with recommendations in the geotechnical investigation report as required by the San Juan Capistrano Municipal ENVIRONMENTAL FINDINGS OF FACT Page 27 of 144 Code Chapter 8-2 would ensure that project development would not subject people or structures to substantial hazards arising from collapsible soils. The recommendations set forth in the geotechnical report are provided in Table 5.5-2 of the DEIR. Geotechnical report recommendations 4.1.1, 4.1.2, 4.1.5, and 4.1.6 would ensure less than significant impacts from collapsible soils. Expansive Soils A test of a subsurface soil sample yielded an expansion index of 25, indicating low expansion potential. Soils with expansion indices over 20 are considered expansive per 2016 CBC Section 1803.5.3. Expansive soils were considered during the geotechnical investigation in formulating recommendations for remedial grading, foundation design, and site drainage. Compliance with recommendations in the geotechnical investigation report as required by the San Juan Capistrano Municipal Code Chapter 8-2 would ensure that project development would not subject people or structures to substantial hazards ensuing from expansive soils. The recommendations set forth in the geotechnical report are provided in Table 5.5-2 of the DEIR. Geotechnical report recommendations 4.1.1, 4.1.2, 4.2.3, 4.1.5, and 4.1.6 would ensure less than significant impacts from expansive soils. Corrosive Soils Onsite soils have high concentrations of soluble sulfate. Sulfate in soil is corrosive to steel reinforcement and concrete (COGS 2018). Proposed concrete and metal improvements contacting site soils could be subject to corrosion. The geotechnical report recommends removal of existing site soils under proposed buildings to depths of five feet below existing grade or three feet below proposed footings bottoms, whichever is greater; and to depths of one foot below proposed pavement. In addition, about 18,735 cy of fill soil would be imported to the site to raise the site above the flood elevation in the 100-year flood zone. The geotechnical investigation report recommends that import soils be approved by the project geotechnical consultant prior to delivery to the site. Compliance with recommendations in the geotechnical investigation report as required by the San Juan Capistrano Municipal Code Chapter 8- 2 would ensure that project development would not expose people or structures to substantial hazards from corrosive soils. The recommendations set forth in the geotechnical report are provided in Table 5.5-2 of the DEIR. Geotechnical report recommendation 4.4 would ensure less than significant impacts from corrosive soils. 6. Septic Tanks Threshold: Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Finding: No impact. (Page 8-4 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed ENVIRONMENTAL FINDINGS OF FACT Page 28 of 144 in Section 8.4, Geology and Soils, page 8-4 of the DEIR, and page 6 of the Tech. Memo. The Modified Project would not require a change to the geology and soils analysis in the DEIR. Since the Modified Project would occur in the footprint of what was already analyzed, new or more severe impacts would not occur. As described in the DEIR, existing buildings would be removed and graded. The project would still be required to comply with existing regulations and standard conditions identified as a part of the DEIR. There are sewer mains in Paseo Adelanto and Los Rios Street. Proposed project construction would include construction of sewer laterals to connect to existing mains. Project development would not use septic tanks. No impact would occur. ENVIRONMENTAL FINDINGS OF FACT Page 29 of 144 G. GREENHOUSE GAS EMISSIONS 1. Emissions Generation Threshold: Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Finding: Less than significant. (Page 5.6-23 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.6, Greenhouse Gas Emissions, Impact 5.6-1, starting on page 5.6-23 of the DEIR, and page 6 of the Tech. Memo. Implementation of the proposed project would not generate a net increase in GHG emissions, either directly or indirectly, that would have a significant impact on the environment. The increases in GHG emissions that would result from project implementation are shown in Table 5.6-7, Operational Phase GHG Emissions, of the DEIR. Annual GHG emissions were calculated for construction and operation of the proposed project. Operational phase emissions are from operation of the proposed land use and from new, project-related vehicle trips. Construction emissions were amortized into the operational phase in accordance with SCAQMD’s proposed methodology (SCAQMD 2009). The SCAQMD-recommended threshold of 3,000 MTCO2e per year was applied to the project, consistent with SCAQMD protocol. As shown in the table, the primary source of GHG emissions is transportation sources from project-related vehicle trips followed by emissions generated from energy usage and solid waste generation. Overall, the proposed project would generate 2,784 MTCO2e of GHG emissions annually and would fall below the SCAQMD bright-line screening threshold of 3,000 MTCO2e per year. Further, here, the proposed project is a small artisan retail offering that is co-located adjacent to a train station and parking structure in the downtown area of the City. Like most retail development projects, the proposed project is not the type of project that has the potential to create significant GHG impacts. Thus, in addition to being below the SCAQMD-recommended bright-line threshold, from a “real world” perspective, the vehicle trips and associated tail pipe emissions that the EIR reflected to be “new” are very likely (from a real world perspective) already part of the existing conditions (i.e., residents of the City and Rancho Mission Viejo) and not truly attributed to the project. Implementation of the Modified Project would result in a reduction of vehicle trips, VMT and overall building square footage compared to what was analyzed in the DEIR. Therefore, the Modified Project would result in a reduction in GHG emissions. Also, the Modified Project would still be required to comply with applicable regulations and standard conditions. Therefore, GHG emissions generated by the Modified Project are ENVIRONMENTAL FINDINGS OF FACT Page 30 of 144 not considered to cumulatively contribute to statewide GHG emissions, and impacts would be less than significant. 2. Emission Reduction Plans Threshold: Would the Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? Finding: Less than significant. (Page 5.6-25 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.6, Greenhouse Gas Emissions, Impact 5.6-2, starting on page 5.6-43 of the DEIR, and page 6 of the Tech. Memo.. Implementation of the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Applicable plans adopted for the purpose of reducing GHG emissions include CARB’s Scoping Plan and SCAG’s 2016-2040 RTP/SCS. Implementation of the Modified Project would result in a reduction of vehicle trips, VMT and overall building square footage compared to what was analyzed in the DEIR. Therefore, the Modified Project would result in a reduction in GHG emissions. Also, the Modified Project would still be required to comply with applicable regulations and standard conditions. A consistency analysis with these plans for the proposed project is presented below. CARB Scoping Plan The CARB Scoping Plan is applicable to state agencies, but is not directly applicable to cities/counties and individual projects (i.e., the Scoping Plan does not require the City to adopt policies, programs, or regulations to reduce GHG emissions). However, new regulations adopted by the state agencies outlined in the Scoping Plan result in GHG emissions reductions at the local level. As a result, local jurisdictions benefit from reductions in transportation emissions rates, increases in water efficiency in the building and landscape codes, and other statewide actions that would affect a local jurisdiction’s emissions inventory from the top down. Statewide strategies to reduce GHG emissions include the LCFS and changes in the corporate average fuel economy standards (e.g., Pavley I and Pavley California Advanced Clean Cars program). Although measures in the Scoping Plan apply to state agencies and not the proposed project, the project’s GHG emissions would be reduced by compliance with statewide measures that have been adopted since AB 32 and SB 32 were adopted. Therefore, the proposed project would be consistent with the CARB Scoping Plan, and impacts are considered less than significant. SCAG’s Regional Transportation Plan/Sustainable Communities Strategy SCAG’s 2016-2040 RTP/SCS was adopted April 7, 2016. SCAG’s RTP/SCS ENVIRONMENTAL FINDINGS OF FACT Page 31 of 144 identifies that land use strategies that focus on new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network. The overarching strategy in the 2016-2040 RTP/SCS is to plan for the southern California region to grow in more compact communities in existing urban areas; provide neighborhoods with efficient and plentiful public transit and abundant and safe opportunities to walk, bike, and pursue other forms of active transportation; and preserve more of the region’s remaining natural lands (SCAG 2016). The 2016-2040 RTP/SCS contains transportation projects to help more efficiently distribute population, housing, and employment growth, as well as a forecast development that is generally consistent with regional-level general plan data. The projected regional development pattern, when integrated with the proposed regional transportation network identified in the 2016-2040 RTP/SCS, would reduce per capita vehicular travel-related GHG emissions and achieve the GHG reduction per capita targets for the SCAG region. The 2016-2040 RTP/SCS does not require that local general plans, specific plans, or zoning be consistent with the 2016-2040 RTP/SCS, but provides incentives for consistency for governments and developers. The proposed project would involve the operation of a commercial and retail mixed-use infill development project. Additionally, the proposed project would be in proximity (less than 0.15 mile) to the San Juan Capistrano Metrolink station along with several nearby Orange County Transportation Authority bus transit stops along Del Obispo Street and Camino Capistrano. Furthermore, as described in Section 3.4.1.4 and further discussed under Impact 5.13.5, of the DEIR, the proposed project is envisioned as a pedestrian-oriented development, and pedestrian access and circulation are key project components. As shown in Figure 3-4 in Chapter 3, an enhanced pedestrian entrance to the project site would be provided from Los Rios Street, connecting to the current River Street. Additionally, an enhanced pedestrian path to the proposed common area and buildings would be provided between the Farmstead and Red Barn and would connect to the decomposed granite path of the former River Street. Overall, the nearby transit facilities and proposed improvements to the pedestrian network would support public transit use and walking and bicycling. Furthermore, as discussed in Impact 5.9-1, of Chapter 5.9, Land Use and Planning, of the DEIR, the proposed project is not considered a project of regionwide significance. Therefore, based on the nature of the proposed project, it is anticipated that implementation of the proposed project would not interfere with SCAG’s ability to implement the regional strategies outlined in the RTP/SCS, and impacts are considered less than significant. H. HAZARDS AND HAZARDOUS MATERIALS 1. Hazardous Materials, Upset and Accident Threshold: Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ENVIRONMENTAL FINDINGS OF FACT Page 32 of 144 Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Finding: Less than significant. (Page 5.7-14 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.7, Hazards and Hazardous Materials, Impact 5.7-1, starting on page 5.7-13 of the DEIR, and page 6 of the Tech. Memo. Project construction and operations would involve limited transport, use, and/or disposal of hazardous materials. Construction Construction activities would involve demolition, grading and construction of new buildings. Potentially hazardous materials used during construction include substances such as paints, sealants, solvents, adhesives, cleaners, and diesel fuel. There is potential for these materials to spill or to create hazardous conditions. However, the materials used would not be in such quantities or stored in such a manner as to pose a significant safety hazard. These activities would also be short term or one time in nature, and would cease upon completion of the proposed project’s construction phase. Project construction workers would also be trained in safe handling and hazardous materials use. The use, storage, transport, and disposal of construction-related hazardous materials would be required to conform to existing laws and regulations. Any project- related hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with the Subtitle C of the Resource Conservation and Recovery Act (RCRA) (Code of Federal Regulations, Title 40, Part 263), including the management of non-hazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The project will be designed and constructed in accordance with the regulations of the Orange County EHD, which serves as the designated CUPA and which implements State and federal regulations for the following programs: (1) Hazardous Waste Generator Program, (2) Hazardous Materials Release Response Plans and Inventory Program, (3) California Accidental Release Prevention (CalARP), (4) Above Storage Tank (AST) Program, and (5) Underground Storage Tank (UST) Program. Compliance with applicable laws and regulations governing the use, storage, transportation, and disposal of hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. For example, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction ENVIRONMENTAL FINDINGS OF FACT Page 33 of 144 activities. Cal/OSHA has regulations concerning the use of hazardous materials, including requirements for safety training, exposure warnings, availability of safety equipment, and preparation of emergency action/prevention plans. Additionally, all spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable state and local regulations for the cleanup and disposal of that contaminant. All contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility. Therefore, hazards to the public or the environment arising from the routine use of hazardous materials during project construction would be less than significant. Further, the current use at the project site, the Ito Nursery, avoided the use of chemicals, including pesticides and herbicides. In addition, a Phase II soil survey was completed to determine whether any actionable levels of herbicides, pesticides, or metals were present on the project site, and the results indicated that no concerning levels of contaminants are present. The Modified Project would involve the use of hazardous materials during construction. However, construction materials such as fuels, paints, and solvents would be used in limited quantities and would not pose a significant safety hazard. Use and transport of hazardous materials would be required to comply with the appropriate state standards, guidelines, and responsible agencies. Thus, the project will not create any significant health risks to construction workers or members of the public. Operation Operation of the proposed commercial and office uses would involve the use of small amounts of hazardous materials, such as cleansers, paints, fertilizers, and pesticides for cleaning and maintenance purposes. However, the proposed land uses are not associated with uses that use, generate, store, or transport large quantities of hazardous materials; such uses generally include manufacturing, industrial, medical (e.g., hospital), and other similar uses. Additionally, the use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the US EPA, US Department of Transportation, California Division of Occupational Safety and Health, and Orange County EHD. Compliance with applicable laws and regulations governing the use, storage, transportation, and disposal of hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. The proposed project would also be constructed and operated with strict adherence to all emergency response plan requirements set forth by the Orange County EHD and Orange County Fire Service. Therefore, substantial hazards to the public or the environment arising from the routine use, storage, transport, and disposal of hazardous materials during long-term operation of the proposed project would not occur. Implementation of the project will not create any significant health risks to future patrons or members of the public. Long-term operation of the Modified Project would be similar to what was ENVIRONMENTAL FINDINGS OF FACT Page 34 of 144 analyzed in the DEIR, and involve small amounts of hazardous materials, such as cleaners, paints, fertilizers, and pesticides for cleaning and maintenance purposes. However, the proposed land uses are not associated with uses that use, generate, store, or transport large quantities of hazardous materials; such uses generally include manufacturing, industrial, medical (e.g., hospital), and other similar uses. Impacts would be less than significant. 2. Hazards Near Schools Threshold: Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Finding: No impact. (Page 8-4 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-4 of the DEIR, and page 6 of the Tech. Memo. There are no schools within 0.25 mile of the project site, and project development would not emit hazardous substances or handle hazardous materials within 0.25 mile of an existing or proposed school. The Modified Project would occur within the footprint of what was previously analyzed. No impact would occur. 3. Waste Sites Threshold: Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Finding: No impact. (Page 8-4 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-4 of the DEIR, and page 6 of the Tech. Memo. A regulatory records review and environmental radius report was conducted for the project site as part of the Phase I Environmental Site Assessment (see Appendix F1 of this DEIR). No listings of environmental hazards were identified on the project site. The Modified Project would occur within the footprint of what was previously analyzed, no new impacts related to hazards would occur. No impact would occur. 4. Public Airports Threshold: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ENVIRONMENTAL FINDINGS OF FACT Page 35 of 144 public use airport, would the project result in a safety hazard for people residing or working in the project area? Finding: No impact. (Page 8-5 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-5 of the DEIR, and page 6 of the Tech. Memo. The closest airport to the site is the John Wayne Airport located 17 miles to the northwest. The project site is outside the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (AELUP 2007). Therefore the site is not located within an airport land use plan or within two miles of a public airport or public use airport where such a plan has not been adopted. The Modified Project would occur within the footprint of what was previously analyzed, no new impacts related to hazards would occur. Thus, no impact would occur. 5. Private Airports Threshold: For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Finding: No impact. (Page 8-5 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-5 of the DEIR, and page 6 of the Tech. Memo. The project is not within the vicinity of a private airstrip (AirNav 2018); therefore, the project would not result in a safety hazard for people residing or working in the project area. The Modified Project would occur within the footprint of what was previously analyzed, no new impacts related to hazards would occur. Thus, no impact would occur. 6. Emergency Plans Threshold: Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Finding: No impact. (Page 8-5 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-5 of the DEIR, and page 6 of the Tech. Memo. The City of San Juan Capistrano has an emergency preparedness plan that ENVIRONMENTAL FINDINGS OF FACT Page 36 of 144 designates procedures to be followed in a major emergency. The plan identifies resources available for emergency response and establishes coordinated action plans for specific emergency situations and disasters, including earthquakes, fires, major rail and roadway accidents, flooding, hazardous materials incidents, civil disturbance, and nuclear disasters and attack. Project construction and operation would not block emergency evacuation routes, such as by construction staging or stockpiling soil or other materials. The construction of internal circulation and dedicated emergency access along the eastern boundary of the site would allow better access and circulation in the project vicinity during an emergency. The proposed project would not interfere with emergency access to or evacuation from surrounding properties. It would also not interfere with implementation of provisions of the City’s emergency preparedness plan. The Modified Project would occur within the footprint of what was previously analyzed, no new impacts related to hazards would occur. No impact would occur. 7. Wildland Fires Threshold: Would the Project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Finding: No impact. (Page 8-5 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.5, Hazards and Hazardous Materials, page 8-5 of the DEIR, and page 6 of the Tech. Memo. The project site and surrounding land are built out with urban land uses; no wildland vegetation that could fuel wildfires is present. The project site does not lie within, and is not adjacent to Very High Fire Hazard Severity Zones as mapped by the California Department of Forestry and Fire Protection (CAL FIRE 2011). The Modified Project would occur within the footprint of what was previously analyzed, no new impacts related to hazards would occur. Thus, no impact would occur. I. HYDROLOGY AND WATER QUALITY 1. Water Quality Standards and Degradation of Water Quality Threshold: Would the Project violate any water quality standards or waste discharge requirements? Would the Project otherwise substantially degrade water quality? Finding: Less than significant. (Page 5.8-22 of the DEIR; page 6 of the Tech. Memo.) ENVIRONMENTAL FINDINGS OF FACT Page 37 of 144 Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.8, Hydrology and Water Quality, Impact 5.8-1, starting on page 5.8-14 of the DEIR, and page 6 of the Tech. Memo. The proposed project would not violate water quality standards or waste discharge requirements, otherwise degrade water quality, or have a significant impact on water quality due to site discharges. The proposed project would result in an increase in the overall amount of impervious surfaces on the site, which can result in a greater potential to introduce pollutants to receiving waters. Urban runoff can carry a variety of pollutants, such as oil and grease, metals, sediments, fertilizers and pesticide residues from roadways, parking lots, and landscaped areas, and deposit them into an adjacent waterway via the storm drain system. Construction of the project could also result in the degradation of water quality with clearing and grading activities, potentially releasing sediment, oil and greases, and other chemicals to downstream water bodies. This runoff can flow directly into local streams or lakes or into storm drains and continue through pipes until it is released untreated into a local waterway and eventually the ocean. Untreated stormwater runoff degrades water quality in surface waters and groundwater and can affect drinking water, human health, and plant and animal habitats. Additionally, increased runoff from urban surfaces can increase the intensity of flooding and erosion in receiving waters, resulting in increased sedimentation. The following is a discussion of the potential impacts that the construction and operational phases of the proposed project could have on water quality. The Modified Project would reduce peak flow rates by implementing low impact development features and providing a treatment/infiltration system that reduces runoff volumes conveyed to the drainage system. Therefore, it is anticipated that the Modified Project would have a beneficial impact on area hydrology and water quality at completion. As the development footprint and amount of impervious surfaces would remain the same, no new impacts or substantially greater impacts than previously analyzed would occur. Furthermore, the project would still be required to comply with applicable regulations and standard conditions to assure that impacts would remain less than significant. Construction Clearing, grading, excavation, and construction activities associated with the proposed project have the potential to impact water quality through soil erosion and increasing the amount of silt and debris carried in runoff. Additionally, the use of construction materials such as fuels, solvents, and paints may present a risk to surface water quality. Finally, the refueling and parking of construction vehicles and other equipment onsite during construction may result in oil, grease, or related pollutant leaks and spills that may discharge into the storm drain system. Pollutants of concern are those which could be generated by the project for which receiving waters are also listed on the CWA Section 303(d) List (see Table 5.8-1). Project construction is expected to generate sediment, nutrients (nitrogen and phosphorus), metals, trash and debris, and oil and grease. The use of concrete, paint, and other building materials may also produce pollutants of concern. ENVIRONMENTAL FINDINGS OF FACT Page 38 of 144 To minimize these potential impacts, the project is required to comply with the NPDES General Permit for Storm Water Discharges Associated with the Construction and Land Disturbance Activities (NPDES No. CAS000002). Compliance requires filing a Notice of Intent (NOI); a Risk Assessment; a Site Map; a Storm Water Pollution Prevention Plan (SWPPP) and associated best management practices (BMPs); an annual fee; and a signed certification statement. Additionally, an erosion and sediment control plan (ESCP) is required for projects that disturb more than one acre of land and implementation of BMPs to control erosion, debris, and construction-related pollutants. The SWPPP must be implemented at the project site and revised as necessary as administrative or physical conditions change. Prior to the issuance of a grading permit, the project applicant is required to provide proof of compliance with the General Permit. In addition, the proposed project is required to comply with the NPDES General Permit pursuant to the City’s Municipal Code, Chapter 8-14, Water Quality Regulations. The proposed project’s SWPPP would specify BMPs to be implemented to minimize construction stormwater pollution impacts. The menu of BMPs has been specifically designed by experts retained by the Water Board to ensure that implementation of the BMPs will result in less than significant impacts to water quality during construction. Construction BMPs include, but are not limited to, erosion controls, sediment controls, tracking controls, non-stormwater management, materials and waste management, and good housekeeping practices. The BMPs for construction activities are briefly discussed below in Table 5.8-2 of the DEIR. With the implementation of the SWPPP and BMPs during all construction activities and compliance with the City’s erosion and sediment control requirements, the impact to water quality during construction activities would be less than significant. Operation Once the project has been constructed, urban runoff could include a variety of contaminants that could impact water quality. Runoff from buildings and parking lots typically contain oils, grease, fuel, antifreeze, byproducts of combustion (such as lead, cadmium, nickel, and other metals), as well as fertilizers, herbicides, pesticides, and other pollutants. Precipitation at the beginning of the rainy season may result in an initial stormwater runoff (first flush) with high pollutant concentrations. Pollutants expected from the operational phase of the project are shown in Table 5.8-3 of the DEIR. The project would be constructed and operated in accordance with the San Diego Regional MS4 Permit (Order No. R9-2013-0001, as amended by Order Nos. R9- 2015-0001 and R9-2015-0100). The MS4 Permit requires new development and redevelopment projects to adopt a WQMP to control contaminants into storm drain systems, educate the public about stormwater impacts, detect and eliminate illicit discharges, control runoff from construction sites, and implement BMPs and site- specific runoff controls and treatments. A WQMP has been developed for this project and is provided in Appendix G2 of the DEIR, which incorporates low-impact development BMPs into the project. Low-impact development (LID) is an approach to land development (or redevelopment) that works with nature to manage stormwater as ENVIRONMENTAL FINDINGS OF FACT Page 39 of 144 close to its source as possible. LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. There are many practices that have been used to adhere to these principles such as bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. By implementing LID principles and practices, water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed. In many instances, implementation of BMPs can actually improve water quality; that is to say, applied on a broad scale, LID can not only maintain but can in fact restore a watershed's hydrologic and ecological functions (USEPA 2016). LID BMPs incorporated into the project include permeable paving and bioinfiltration areas that contain vegetation and infiltrate into the native soil. Current LID standards require the on-site retention of runoff from the 85th percentile, 24-hour rainfall event, through infiltration, biofiltration/bioretention, and/or rainfall harvest and use. The biofiltration systems have been designed to retain the post-development design capture volume for all storms up to and including the 85th percentile, 24-hour rainfall event. Note that biofiltration systems are highly effective at removing sediments, oil and grease, and trash and debris; and are also effective at removing nutrients, metals, and pathogens/bacteria. In compliance with the MS4 Permit, WQMP BMP features are required to be implemented as part of the proposed development. Details regarding the proposed stormwater treatment system are provided in the WQMP, which is attached as Appendix G2. With the implementation of the operational BMPs and compliance with county and city regulatory requirements, the impact of project with respect to water quality would be less than significant. 2. Groundwater Supplies Threshold: Would the Project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? Finding: Less than significant. (Page 5.8-23 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.8, Hydrology and Water Quality, Impact 5.8-2, starting on page 5.8-22 of the DEIR, and page 6 of the Tech. Memo. The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit ENVIRONMENTAL FINDINGS OF FACT Page 40 of 144 in aquifer volume or a lowering of the local groundwater table. The Modified Project would reduce peak flow rates by implementing low impact development features and providing a treatment/infiltration system that reduces runoff volumes conveyed to the drainage system. Therefore, it is anticipated that the Modified Project would have a beneficial impact on area hydrology and water quality at completion. As the development footprint and amount of impervious surfaces would remain the same, no new impacts or substantially greater impacts than previously analyzed would occur. Furthermore, the project would still be required to comply with applicable regulations and standard conditions to assure that impacts would remain less than significant. Construction Construction activities would involve grading and excavation, which has the potential to encounter groundwater and require construction dewatering. Soil borings conducted on the project site indicate groundwater depths at 10 feet bgs. The preliminary grading plan for the proposed project indicates that no excavation will encounter the groundwater. Construction activities are temporary in nature and would not result in a substantial depletion of groundwater supplies that could result in a lowering of the groundwater table. Therefore, impacts to groundwater supplies or recharge during construction would be less than significant. Operation Implementation of the project would increase development intensity and the amount of impervious surfaces. The increase in impervious surfaces has the potential to reduce groundwater recharge. Project development would increase the amount of impervious surfaces onsite from 9.7 percent to 34.4 percent, an increase of 24.7 percent, according to the WQMP (Appendix G2 of the DEIR). However, in compliance with the MS4 Permit, the project is required to implement LID, site design, and source design treatment measures that will contribute to groundwater recharge and minimize stormwater runoff from the site. The proposed LID BMPs include bioswales, bioinfiltration systems, and permeable pavers, which contribute to groundwater recharge via infiltration. The proposed development would increase stormwater runoff by 3.2 cubic feet per second (cfs), however, the proposed infiltration systems would accommodate the 85th percentile runoff rate and would decrease stormwater flow from the site by 3.58 cfs and 4.97 cfs under 25-year and 100-year frequency events. This would result in an increase in groundwater recharge compared to existing conditions and would also reduce off-site sheet flow. Project implementation would increase the number of employees, patrons, and visitors onsite and result in an increase in water demand. According to the City of San Juan Capistrano 2015 Urban Water Management Plan (UWMP), imported water currently provides 64 percent of demand. The City will move towards increasing groundwater supplies so that by 2020 60 percent of demand is provided by groundwater sources. Water supply is also discussed in further detail in Section 5.14, Utilities, Service Systems, and Energy, of the DEIR. The UWMP indicates that the City will have sufficient water supplies to meet demands in single-dry-years and multiple-dry-years ENVIRONMENTAL FINDINGS OF FACT Page 41 of 144 (that is, three consecutive dry years) over the 2020-2040 period (San Juan Capistrano, 2016). As discussed in Section 5.14, the City’s 20-year water supply projections would meet the projected water demand for the project. Therefore, the operational phase of the project will not result in a net deficit in aquifer volume. The impact of the project on groundwater recharge and/or groundwater supplies would be less than significant. 3. Erosion or Siltation Threshold: Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Finding: Less than significant. (Page 5.8-27 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.8, Hydrology and Water Quality, Impact 5.8-3 starting on page 5.8-23 of the DEIR, and page 6 of the Tech. Memo. The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in a substantial erosion or siltation on- or off-site. The proposed project is surrounded by urban development and is connected to existing storm drain system. The proposed project does not include the alteration of any natural drainage channels or any watercourse. In fact, the proposed drainage has been designed to mimic the existing drainage patterns. As shown on Figure 5.8-3 of the DEIR, the impervious area from the buildings and adjacent sidewalks are conveyed into a bioinfiltration facility that will have capacity for the 85th percentile 24-hour storm event. Pervious paving BMPs, such as gravel paving, will be provided for all parking and fire apparatus roads. The parking lot area will be gravel paving that will be self-retaining for the 85th percentile 24-hour event. Storm water flows will be conveyed into an underground detention system (6,750 cubic foot) at the southwest corner of the site. Multi-stage discharge pipes convey the storm water into the existing 5.5-foot width by 2.25-foot height box culvert within Paseo Adelanto that transitions to an existing 48-inch pipe, which ultimately discharges into Trabuco Creek. The outlets of the underground storage facility will restrict the flow from the facility and thus attenuate the peak flows for the 25-year and 100-year frequency events. The underground facility will connect the underground box culvert with a box structure. Stormwater flows from the existing residential area to the east will be captured along the eastern property line with a vegetated swale and conveyed into the on-site storm drain system. The area inlet immediately west of Zoomars will be reconstructed to raise the top of grate. A new 30-inch storm drain will be installed to replace the existing 18-inch corrugated metal pipe. This will allow the additional flows from Los Rios Park to be conveyed into the storm drain system. ENVIRONMENTAL FINDINGS OF FACT Page 42 of 144 The proposed development has been designed in accordance with the Orange County Hydrology Manual. The hydrology report, which is provided in Appendix G1 of the DEIR, calculates the stormwater runoff volumes and rates from the 25-year and 100-year storms under existing and proposed buildout conditions. The results are summarized in Table 5.8-4 of the DEIR the post development peak runoff is attenuated to pre-developed condition. The Modified Project would reduce peak flow rates by implementing low impact development features and providing a treatment/infiltration system that reduces runoff volumes conveyed to the drainage system. Therefore, it is anticipated that the Modified Project would have a beneficial impact on area hydrology and water quality at completion. As the development footprint and amount of impervious surfaces would remain the same, no new impacts or substantially greater impacts than previously analyzed would occur. Furthermore, the project would still be required to comply with applicable regulations and standard conditions to assure that impacts would remain less than significant. Construction The majority of the risks for potential erosion and siltation impacts could occur during the construction phase (e.g., grading, clearing, and excavating) of the proposed project. During construction, the project site would be cleared of vegetation and existing facilities and structures in preparation for grading, which would expose loose soil to potential wind and water erosion. If not controlled, the transport of these materials to local waterways would temporarily increase suspended sediment concentrations and release pollutants attached to sediment particles into local waterways. However, as stated under Impact 5.8-1, the project applicant is required to submit an NOI and SWPPP prior to the commencement of construction activities. The SWPPP would require the implementation of erosion control BMPs (i.e., mulch, geotextiles, mats, hydroseeding, earth dikes, swales) and sediment control BMPs (i.e., barriers such as straw bales, gravelbags, fiber rolls, and gravel bag berms; desilting basin; cleaning measures such as street sweeping) to be implemented during the project’s construction activities. BMPs outlined in the SWPPP would address potential impacts associated with erosion and siltation, and impacts would be less than significant. Operation The operational phase of the proposed project would include landscaping, impervious surface coverage, and the project-related water quality design features. The hydrology report indicates that the proposed stormwater treatment measures would ensure that peak flows at final discharge are reduced from predeveloped conditions during 25-year and 100-year frequency events. With implementation of the proposed stormwater treatment measures and BMPs in accordance with regulatory requirements, the proposed project would not result in a significant increase in surface runoff flow rates or volumes in a manner that would cause flooding, and the impact would be less than significant. The project would implement LID, site design, and source control stormwater treatment measures in accordance with the San Diego Regional MS4 permit. ENVIRONMENTAL FINDINGS OF FACT Page 43 of 144 Implementation of the bioswales and stormwater infiltration systems would remove trash, debris, and sediment and provide natural filtration of pollutants from the stormwater runoff prior to discharge to the county’s storm drain system. Therefore, implementation of the proposed project would reduce the amount of sediment in stormwater exiting the site, and the impacts related to erosion and siltation would be less than significant. 4. Flooding and Runoff Threshold: Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? Would the Project create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?? Finding: Less than significant. (Page 5.8-28 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.8, Hydrology and Water Quality, Impact 5.8-4 starting on page 5.8-27 of the DEIR, and page 6 of the Tech. Memo. Development of the proposed project would not substantially alter the existing drainage pattern to result in adverse flooding impacts, and create or contribute runoff water that would exceed the capacity of existing or planned stormwater systems, or provide substantial additional sources of polluted runoff. The proposed drainage has been designed to mimic the existing drainage patterns. The hydrology report indicates that the proposed stormwater treatment measures would ensure that peak flows for developed conditions are reduced to be less than predeveloped conditions during 25- year and 100-year frequency events. Additionally, the hydrology report (Appendix G1 of the DEIR) calculated existing and proposed stormwater pipe capacities and contributing flows and determined that all pipes demonstrated adequate capacity to accept contributing flows. The proposed project would not result in an increase in surface runoff flow rates or volumes in a manner that would cause flooding, and the impact would be less than significant. The existing flap gate at the culver outlet into Trabuco Creek and the secondary overflow path at the bike path connection to Trabuco Creek would continue to operate under the proposed conditions. As stated previously, during coincidental storm events the flap gate will be closed until the site’s flood elevation reaches 90.40 at which time the flap gate will begin to open to release runoff. Additionally, the secondary overflow elevation is 93.05 feet msl and buildings south of the project site have an existing ENVIRONMENTAL FINDINGS OF FACT Page 44 of 144 finished floor elevation of 93.80 feet’ msl. Therefore, even in the unlikely condition that the flap gate locked and the detention basin upstream backs up, the secondary overflow plan ensures that if water levels reached an elevation of 93.05 feet msl it would drain directly into the flood control channel and would not flood the downstream buildings south of the project site. The project would implement LID, site design, and source control stormwater treatment measures in accordance with the San Diego Regional MS4 permit. Implementation of the bioswales and stormwater infiltration systems would remove pollutants, such as, trash, debris, and sediment and provide natural filtration of pollutants from the stormwater runoff prior to discharge to the county’s storm drain system. The Modified Project would reduce peak flow rates by implementing low impact development features and providing a treatment/infiltration system that reduces runoff volumes conveyed to the drainage system. Therefore, it is anticipated that the Modified Project would have a beneficial impact on area hydrology and water quality at completion. As the development footprint and amount of impervious surfaces would remain the same, no new impacts or substantially greater impacts than previously analyzed would occur. Furthermore, the project would still be required to comply with applicable regulations and standard conditions. Therefore, implementation of the proposed project would reduce the amount of pollutants in stormwater exiting the site, and the impacts related to erosion and siltation would be less than significant. 5. Flooding – Housing and Other Structures Threshold: Would the Project place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Would the Project place within a 100-year flood hazard area structures which would impede or redirect flood flows? Finding: Less than significant. (Page 5.8-29 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.8, Hydrology and Water Quality, Impact 5.8-5 starting on page 5.8-28 of the DEIR, and page 6 of the Tech. Memo. Development of the proposed project would not place housing or structures within a 100-year flood hazard area. A portion of the project site is within an SFHA. Floodplain elevations are shown to be at a depth of 2 feet, which corresponds to an elevation of approximately 92 feet msl. To ensure that the development would not place structures within the 100-year flood hazard area, the finished floors of the proposed five buildings will be elevated to a minimum elevation of 94 feet msl. Therefore, all structures will be above the 100-year floodplain by at least 2 feet. The proposed project will not impede or redirect flood flows because implementation of the storm drain system, bio swales, bioinfiltration systems, and permeable pavers ensure that the 100 year peak flow is 100 percent contained within the pipe. The proposed infiltration systems would accommodate the 85th percentile runoff rate and would decrease ENVIRONMENTAL FINDINGS OF FACT Page 45 of 144 stormwater flow from the site by 3.58 cfs and 4.97 cfs under 25-year and 100-year frequency events. This would result in an increase in groundwater recharge compared to existing conditions and would also reduce off-site sheet flow. Additionally, as described above, the secondary overflow plan ensures that if water levels reached an elevation of 93.05 feet msl it would drain directly into the flood control channel and would not flood the downstream buildings south of the project site. Several storm drain improvements in the surrounding area have occurred since FEMA last mapped the flood plain in the area; the City constructed three separate storm drain facilities in River Street, the Los Rios Park, and Ramos Street. The flood plain mapping has not been updated following these improvements. The City of San Juan Capistrano has adopted local standards for construction in floodplain areas. Development within the 100-year floodplain require the placement of fill to elevate structures one foot above the 100-year floodplain elevation. In order for the proposed project to be considered outside of the floodplain and no longer subject to special flood hazard requirements, the project applicant is required to submit an application to FEMA for a Conditional Letter of Map Revision/Letter of Map Revision (CLOMR-F/LOMR-F) after the fill has been placed. After FEMA has revised the FIRM to show that the project is outside of the SFHA, the minimum NFIP floodplain management standards and mandatory flood insurance requirements would no longer apply. The City would review and approve the plans prior to the issuance of building permits. The project applicant submitted the CLOMR-F application to FEMA on May 31, 2018, indicating that the proposed structures would be elevated by fill and would not be inundated by the base flood. With elevating the lowest floor at least as high as the depth number specified in feet on the FIRM and compliance with Federal and local regulatory requirements, the potential to impede or redirect flood flows would be less than significant. Construction within SFHAs is governed by the City’s Municipal Code Chapter 8- 11, Floodplain Management Regulations. Section 8-11.113 sets forth construction requirements for development that would minimize flood hazard risks, including anchoring, elevation, and flood-proofing, and standards for utilities, subdivisions, residential and non-residential construction. Compliance with the City’s floodplain management regulations, would be less than significant. The Modified Project would reduce peak flow rates by implementing low impact development features and providing a treatment/infiltration system that reduces runoff volumes conveyed to the drainage system. Therefore, it is anticipated that the Modified Project would have a beneficial impact on area hydrology and water quality at completion. As the development footprint and amount of impervious surfaces would remain the same, no new impacts or substantially greater impacts than previously analyzed would occur. Furthermore, the project would still be required to comply with applicable regulations and standard conditions to assure that impacts would remain less than significant. 6. Levee and Dam Failure Threshold: Would the Project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ENVIRONMENTAL FINDINGS OF FACT Page 46 of 144 Finding: No impact. (Page 8-5 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.6, Hydrology and Water Quality, page 8-5 of the DEIR, and page 6 of the Tech. Memo. The project site is outside any dam inundation areas as indicated on the California Office of Emergency Services Dam Inundation Map (Cal OES, 2016). The project is also not subject to flooding due to levees as indicated on FEMA/ Firm Maps (FEMA, 2018). Thus, no impact would occur. 7. Seiche, Tsunami and Mudflow Threshold: Would the Project expose people or structures to inundation by seiche, tsunami, or mudflow? Finding: No impact. (Page 8-6 of the DEIR; page 6 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.6, Hydrology and Water Quality, page 8-6 of the DEIR, and page 6 of the Tech. Memo. A seiche is a surface wave created when a body of water is shaken, usually by earthquake activity. Seiches are of concern relative to water storage facilities because inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, water storage tank, dam or other artificial body of water. There currently are no active aboveground water storage tanks or reservoirs in close proximity to the project site that could cause flooding if the tanks or reservoirs were to fail during a maximum credible earthquake. Thus, no impact would occur. Tsunamis are large ocean waves caused by underwater seismic activity. When tsunamis hit the coast, they can cause considerable damage to property and put the public at risk. The project site is outside the tsunami hazard zone as indicated on the California Geological Survey’s Tsunami Inundation Zones map. Thus, no impact would occur. Mudflows are associated with landslides and heavy rainfall. The project site is mostly flat with mild slopes and is surrounded by urban development; therefore, no adjacent hillsides could cause mudflows or landslides onto the project site. No impact would occur. J. LAND USE AND PLANNING 1. Established Communities Threshold: Would the Project physically divide an established community? Finding: No impact. (Page 8-6 of the DEIR; page 7 of the Tech. Memo.) ENVIRONMENTAL FINDINGS OF FACT Page 47 of 144 Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.7, Land Use, page 8-6 of the DEIR, and page 7 of the Tech. Memo. The project site is within the Los Rios Specific Plan area and is surrounded by a mix of residential and commercial uses to the north, east, and south. Residential uses are also located west of the site across from Paseo Adelanto, the Trabuco Creek Trail, and the Trabuco Creek Channel. Currently the project site is fenced and provides limited access between surrounding land uses. Development would occur within an infill area. The proposed project is designed to enhance bicycle and pedestrian connectivity and provide connections to the Los Rios Specific Plan area, the San Juan Capistrano Metrolink Station, and downtown area. Project development would not divide an established community, and no impact would occur. 2. Conflicts With Plans Threshold: Would the Project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Finding: Less than significant. (Page 5.9-12 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.9, Land Use and Planning, Impact 5.9-1 starting on page 5.9-4 of the DEIR, and page 7 of the Tech. Memo. Implementation of the proposed project would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect. San Juan Capistrano General Plan According to the City’s current General Plan Land Use Map (San Juan Capistrano 2015), the land use designation of the project site is Specific Plan/Precise Plan (SP/PP), which applies to areas governed by a specific plan or precise plan adopted prior to development. As described above, the project site lies within the boundaries of and is governed by the Los Rios Specific Plan. Upon the adoption of the Specific Plan, it was deemed consistent with the provisions of the General Plan. Consistency with the applicable goals and policies of the City’s General Plan is evaluated in Table 5.9-1 of the DEIR. Although the City’s General Plan contains numerous additional goals and policies beyond those discussed in the following table, those goals and policies are not closely related to the “purpose of avoiding or mitigating an environmental effect” and are therefore not analyzed in the table. Consistency with the City’s Circulation Element is provided in Section 5.12, Transportation and Traffic, of the DEIR. ENVIRONMENTAL FINDINGS OF FACT Page 48 of 144 As demonstrated in Table 5.9-1 of the DEIR, development of the proposed project would not result in a conflict with the City’s General Plan. A general plan amendment being processed to ensure consistency of the proposed project with both the City’s General Plan and the Los Rios Specific Plan, as amended. Proposed General Plan text amendments include: • Cleaning up references to the Los Rios Specific Plan and the proposed Commercial Core Planning Area. • Revising Table LU-4, Development Capacity, to include the 5.86 acre Commercial Core Planning Area, with a floor area ratio of 0.25 and 64,900 square feet. • Adding policies to General Plan Circulation Goal 4 to allow on-street parking along Paseo Adelanto and to transition River Street from an existing asphalt street to a decomposed granite pedestrian access only. • With adoption of the proposed general plan amendments, the proposed project would be consistent with the City’s General Plan. San Juan Capistrano Zoning Ordinance Specific plans act as a bridge between general plans and individual development proposals, which outside of specific plan areas are regulated solely by provisions of the Zoning Ordinance. As discussed above, the zoning district of the project site is Specific Plan/Precise Plan. The project site lies within the boundaries of and is governed by the Los Rios Specific Plan, which outlines the zoning regulations (e.g., permitted land uses, development standards, and design guidelines) applicable to development within the Specific Plan area. The proposed project requires a Code Amendment (CA 16-003) to amend various sections of the specific plan (as discussed below), ensuring that the proposed project would be consistent with zoning regulations applicable to the project site. Los Rios Specific Plan Goals and policies in the Los Rios Specific Plan are generally related to land use compatibility, circulation improvements, and urban design; very few appear to have been adopted “for the purpose of avoiding or mitigating an environmental effect.” Therefore, an analysis of consistency between these goals and policies is not necessary to evaluate the proposed project under Threshold LU-2. For an evaluation of the proposed project’s consistency with applicable land use and design-related goals and policies, see Sections 5.1, Aesthetics, and 5.4, Cultural Resources, of this DEIR. Consistency with circulation-related goals and policies are provided in Section 5.12, Transportation and Traffic. Approval of a Specific Plan Amendment is required to add the Commercial Core Planning Area, change the development standards and policy statements contained ENVIRONMENTAL FINDINGS OF FACT Page 49 of 144 within the Los Rios Specific Plan, and add Appendix A to regulate land uses on the project site. This would allow the precise mix of uses and buildings proposed by the project. Approval of this Los Rios Specific Plan Amendment represents approval of the River Street Marketplace Project and no further discretionary approvals will be necessary or required; Municipal Code requirements for subsequent permits such as tree removal permits, flood plain permits, and similar types of permits would be instead replaced with the requirements contained in the Specific Plan Amendment (see Section 3.5 of the Specific Plan Amendment). Proposed changes to the specific plan are summarized below. • The Specific Plan would be amended to include a fourth planning area: the “Commercial Core” area, which would be comprised of the project site. The area would be intended to serve as “the commercial hub of the Specific Plan” and be a “comprehensively designed project that highlights the agrarian history of the area.” • The Low Density Commercial designation would be redefined to reflect the proposed project. • Phase 1 of the Specific Plan circulation element would be modified to better manage access to River Street from Los Rios Street. • The Specific Plan would be amended to allow continued street parking along Paseo Adelanto in addition to off-street parking proposed for the project site. • Permitted uses, development standards, and design guidelines for the Low Density Commercial District (the project site) would be moved to Appendix A of the Los Rios Specific Plan. This appendix includes conceptual renderings for the proposed project, a lighting plan, master sign program, detailed development standards, and design guidelines (including a plant palette). While the Project includes some changes to the Specific Plan’s existing regulations applicable to the Low Density Commercial District, the revised standards have been designed to continue to protect the existing character of the area. The project does not propose any high intensity use, but instead a total of less than 65,000 square feet of commercial, spread out over 5 buildings. With adoption of the proposed specific plan amendments, the proposed project would be consistent with the Los Rios Specific Plan. Historic Town Center Master Plan The project site lies within the Connectivity subarea of the HTCMP. However this area is not governed by the any aspect of the HTCMP or related Form Based Code and is only discussed as a larger “study area” for purposes of discussing connectivity between the Historic Town Center and adjacent neighborhoods. Overall, the proposed project helps implement the type of connectivity envisioned by the HTCMP by creating an enhanced pedestrian connection between Los Rios Street and the River Street. The ENVIRONMENTAL FINDINGS OF FACT Page 50 of 144 proposed project would also add parking near the Historic Town Center and would broaden the range of retail offerings near transit attracting visitors to central San Juan Capistrano, as advocated for in the HTCMP. Implementation of the proposed project would be consistent with the HTCMP. Regional Transportation Plan/Sustainable Communities Strategy Table 5.9-2 of the DEIR provides an assessment of the proposed project’s relationship to pertinent 2016–2040 SCAG RTP/SCS goals. The RTP/SCS goals are directed toward transit, transportation and mobility, and protection of the environment and health of residents. The consistency analysis below focuses on the broad, policy- oriented goals of the 2016–2040 RTP/SCS to determine consistency between the two plans. The Modified Project results in minor changes to the site plan and reductions in overall square footage. The revised site plan and specific plan amendment would also be consistent with regional and local plans, policies, and regulations. 3. Habitat Conservation Plans Threshold: Would the Project conflict with any applicable habitat conservation plan or natural community conservation plan? Finding: No impact. (Page 8-6 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.7, Land Use, page 8-6 of the DEIR, and page 7 of the Tech. Memo. No impact would occur, as substantiated in Section 8.2, Biological Resources, Threshold B-6, of the DEIR. K. MINERAL RESOURCES 1. Regional and Statewide Mineral Resources Threshold: Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Finding: No impact. (Page 8-6 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.8, Mineral Resources, page 8-6 of the DEIR. The project site is mapped Mineral Resource Zone 3 (MRZ-3) by the California Geological Survey, indicating that it is in an area containing mineral deposits of indeterminable significance. The project site is in a built-out urban area; surrounding uses include residential uses, a petting zoo, a historic district, and a museum, all of ENVIRONMENTAL FINDINGS OF FACT Page 51 of 144 which are incompatible with mining use. The project site has operated as a nursery since the early 1970s and project development would not cause a loss of availability of mineral resources valuable to the region, and no impacts would occur. 2. Local Mineral Resources Threshold: Would the Project result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Finding: No impact. (Page 8-7 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.8, Mineral Resources, page 8-7 of the DEIR. No mining sites are identified in the City of San Juan Capistrano General Plan Conservation and Open Space Element (San Juan Capistrano 2014). Project development would not cause a loss of availability of a mining site identified in the City’s General Plan or locally important mineral resource, and no impact would occur. L. NOISE 1. Noise Standards – Long-term Operation and Permanent Increase in Ambient Noise Threshold: Would the Project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Would the Project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Finding: Less than significant. (Page 5.10-21 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.10, Noise, Impact 5.10-2, starting on page 5.10-17 of the DEIR, and page 7 of the Tech. Memo. Project implementation would result in long-term operation-related noise that would not exceed local standards. Roadway Noise A significant roadway noise impact depends on the magnitude of increase. “Audible” increases in general community noise levels generally refer to a changes of 3 ENVIRONMENTAL FINDINGS OF FACT Page 52 of 144 dB or more because this level is the threshold of perception in exterior environments. “Potentially audible” impacts refer to a change in noise level between 1 and 3 dB. Noise level increases of less than 1 dB that are typically “inaudible” to the human ear except under quiet conditions in controlled environments. Only “audible” changes in noise levels at sensitive receptor locations (i.e., 3 dB or more) are considered potentially significant. Note that a 3 dB increase in traffic-generated noise levels would require a doubling of traffic flows (e.g., 5,000 vehicles per day to 10,000 per day). An increase of 3 dB is considered a significant increase. All people driving to the proposed project site would access the site from Paseo Adelanto or Los Rios Street, primarily via Del Obispo Street. Given the lack of direct access to the project site from River Street, and the narrow configuration of this roadway, negligible changes in traffic flows along River Street are expected as a result of the project. The project’s traffic impact analysis shows that the proposed development is expected to result in approximately 2,711 daily vehicle trips to and from the study area at full buildout (LLG 2018). The expected increase in traffic was used to determine potential traffic-generated noise impacts. In order to assess the potential for mobile-source noise impacts, it was necessary to determine the noise currently generated by vehicles traveling through the project area. Table 5.10-8 of the DEIR shows that existing traffic noise along study area roadways currently ranges from approximately 63 dBA to 72 dBA CNEL at a reference distance of 50 feet from the centerline of each roadway. Traffic noise increases were analyzed along major roadways in the vicinity of the proposed project area. Based on the FHWA roadway noise calculation method, noise levels at segments of Ortega Highway, Del Obispo Street, and Camino Capistrano were analyzed with respect to existing traffic conditions, estimated traffic conditions at full buildout of the project in 2020, and estimated traffic conditions at full buildout of the citywide General Plan in 2040. These values were compared, and project-related roadway noise increases are shown in Table 5.10-8 of the DEIR. Based on this traffic noise analysis, the worst-case roadway noise increase would result from traffic increases on Ortega Highway (RTE-74) between Camino Capistrano and Del Obispo. The roadway noise increase along this segment is estimated to be 1.5 dB. This worst-case result is well below the significance threshold of a 3 dB increase. Thus, all road segments in the vicinity of the project site would experience negligible or inaudible long-term traffic noise increases due to project implementation. Therefore, the implementation of the proposed project would not result in significant increases in traffic-related noise along the surrounding roadways, and project-related roadway noise would be less than significant. Stationary Source Noise The proposed project site is currently developed with a commercial nursery that generates noise from patrons, parking facilities, mechanical/HVAC equipment noise, on- site material conveyances, and various deliveries/haul-offs. The proposed project ENVIRONMENTAL FINDINGS OF FACT Page 53 of 144 includes development of 64,900 square feet of commercial and office space. Some noise sources associated with implementation of the proposed project would be similar to the noise sources associated with the existing commercial nursery. However, due to the increase in patron traffic, expanded parking facilities, and increased retail and office uses, the proposed project is expected to generate noise in excess of existing conditions. A significant stationary-source impact would occur if the activities or equipment at the proposed project site produce noise levels at nearby sensitive receptors in excess of the San Juan Capistrano Municipal Code noise standards. The commercial receptors to the north and south of the proposed project site are considered much less noise sensitive than residential receptors; as a result, they would not be significantly impacted by on-site operations of the proposed project. Also, the residential uses to the west of the proposed project site are at sufficient distances (i.e., at least 400 feet from the nearest project parking and at least 500 feet from the nearest project buildings) to not be affected by stationary source noise associated with the proposed project. The most sensitive receptors would be the residences directly to the east of the proposed project site (that are accessed via Los Rios Street). However, these would be shielded from the majority of proposed project noise sources by the project’s buildings, which would reduce most stationary noise sources. Additionally, no new notable noise sources such as trash compactors, loading docks, or other mechanical equipment are currently planned for the eastern side of the Red Barn, Green House, or Marketplace buildings, which are adjacent to the backyards of the Los Rios Street homes. While there is currently no plan for mechanical equipment along this eastern roadway (at the rear of buildings), there will be electrical equipment, including building- specific electrical panels / ‘switch-gear’ and two power transformers. For the former, the meters, breakers, fuses, and associated items would not produce noise, and their planned placement would result in no impact. For the latter, one transformer would be located between the Red Barn and the Greenhouse building (approximately 30 feet from the eastern boundary line), and the second would be located behind the Marketplace building (approximately 40 feet from the eastern boundary line). Transformers can produce a low-pitched humming sound. The size and duty of the envisioned transformers (≤ 100 kilo-volt-amps) would be expected to yield sound levels of approximately 51 dBA at one foot. This basic noise production level would be reduced by 30 to 32 dB in propagating to the noted 30 to 40 feet receptor distances. Thus, the expected transformer noise at the Los Rios properties would be approximately 20 dBA. This expected value is well below the existing (and future) noise environments by approximately 10 dB. Therefore, such sources would be completely negligible with respect to adding to the community noise soundscape or with respect to the City noise standards in Municipal Code Section 9-3.531. Therefore, the transformers would also not produce notable noise, and their planned placement would result in no impact. Last, the proposed project’s easternmost emergency access roadway (between the easternmost buildings and the Los Rios Street homes) is currently slated for ENVIRONMENTAL FINDINGS OF FACT Page 54 of 144 emergency vehicle use only and would not be used for deliveries, pick-ups, or trash hauling. With the lack of new significant noise sources and the building shielding effects, it is anticipated that the noise levels on the east edge of the commercial site would be lower than existing conditions—a benefit to the Los Rios Street residences. Additional details are provided in the following subsections. Noise from Patrons, Parking Facilities, and Mechanical HVAC Equipment The proposed development is expected to result in approximately 2,711 daily vehicle trips to and from the study area at full buildout (LLG 2018). The associated noise generation from expanded parking facilities and patrons visiting the project site is expected to increase over existing project site conditions. However, in terms of the most sensitive receptors, the building layout is designed in such a way so that most outdoor patron activity would be near the central courtyard area and that most parking activities would be within the western or southern portions of the project site. Thus, the proposed buildings are expected to provide considerable barrier attenuation to the most sensitive receptors. Additionally, due to the commonality between the proposed project operations and the mix of uses in the project vicinity, the proposed project is not expected to introduce any new intrusive noise sources and is not expected to contribute to the total noise environment in the project vicinity. Heating, ventilation, and air conditioning equipment on top of the proposed buildings would be similar to such equipment being used at the commercial buildings to the south of the proposed project site. Additionally, this equipment would be placed within appropriate sound enclosures or parapets that would substantially reduce mechanical equipment noise in terms of nearby sensitive receptors. Further, as described above, the existing noise environment in areas surrounding the proposed project site is in the range of 52 to 60 dBA Leq. Due to the low-level noise generating characteristics of project-related stationary noise sources, the intervening structures between the project-related noise sources and the nearest sensitive receptors, and the relatively loud existing day time noise environment, stationary noise associated with the proposed project is not expected to significantly contribute to the total noise environment within the project vicinity. Noise from Project-Related Delivery Trucks The proposed project is also expected to generate truck movement noise from regular material deliveries. Deliveries would occur on the south side of the proposed Marketplace building and on the west side of the Mercantile building. No truck movements or deliveries/pick-ups would occur along the easternmost emergency access roadway (directly adjacent to the Los Rios Street homes). To ascertain an appropriate reference noise level for delivery-related truck movements, a survey of truck loading dock operational noise was used. The sampling accounted for the major noise sources associated with one truck, such as airbrake discharge, king-pin coupling, back-up warning “beep-beep” tone, and drive-off. ENVIRONMENTAL FINDINGS OF FACT Page 55 of 144 Reference noise levels for a single truck are shown in Table 5.10-9 of the DEIR in several different noise metrics. The nearest sensitive receptors would be the residences to the east of the proposed project site. To account for the potential for trucks operating at both delivery locations (i.e., the south side of the proposed Marketplace building and the west side of the Mercantile building) the single-truck reference levels were combined after applying distance attenuation for each delivery location. Additionally, since the project buildings will generally act as noise barriers between the delivery locations and the residences to the east, an estimated barrier attenuation was included (where applicable). Truck delivery noise estimates at the nearest sensitive receptors are provided in Table 5.10-9 of the DEIR. A significant impact would occur if delivery trucks would produce noise levels at nearby sensitive receptors in excess of the San Juan Capistrano Municipal Code noise standards. As described above, the San Juan Capistrano Municipal Code limits exterior noise (as measured at the nearest residences) to the following levels: 65 dBA L50; 70 dBA L25; 75 dBA L8; 80 dBA L2; 85 dBA Lmax. Noise from delivery-related truck movements at the most sensitive residential receptors would be well below the applicable limits in the municipal code. Thus, project-related delivery truck noise would be less than significant. In summary, noise generated by normal operations would not be notably different from existing conditions in and around the proposed area of improvements and would not exceed the City’s exterior noise standards. Therefore, no significant permanent noise increases due to project-related activities would occur, and no mitigation measures are necessary. 2. Vibration Threshold: Would the Project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Finding: Less than significant. (Page 5.10-24 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.10, Noise, Impact 5.10-3, starting on page 5.10-21 of the DEIR, and page 7 of the Tech. Memo. The project would not create groundborne vibration and groundborne noise. Groundborne vibration and groundborne noise may be of concern during construction activities. Section 9-2.401 of the municipal code states that the generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons of ordinary sensibility located offsite, shall not be permitted. In lieu of numerical municipal code vibration level limits, the vibration thresholds for this analysis use FTA guidelines (see Tables 5.10-1 and 5.10-2 of the DEIR for annoyance and damage effects, respectively). Groundborne vibration effects are relevant during both temporary construction and ongoing operations of the proposed project. ENVIRONMENTAL FINDINGS OF FACT Page 56 of 144 Vibration during Operation Operation of the proposed project would not generate substantial levels of vibration because there are no notable sources of vibrational energy associated with the project. Thus, proposed project operations would not result in significant groundborne vibration impacts for either damage or annoyance effects to offsite receptors. Vibration during Construction Construction activities generate varying degrees of ground vibration depending on the construction procedures, construction equipment used, and proximity to vibration-sensitive uses. Vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight damage at the highest levels. Table 5.10-10 of the DEIR lists reference vibration levels for different types of commonly used construction equipment. Demolition of the existing structures and asphalt would require concrete saws, excavators, and dozers. The proposed project would also include grading, which would use excavators, dozers, and backhoes. Paving activities may also generate high levels of construction vibration and would include pavers and rollers. There are some items that are expected to be employed on the construction site that are not listed Tables 5.10-11 and 5.10-12 of the DEIR (e.g., excavator, backhoe). The vibration levels produced by such items are estimated to be comparable to other items in the tables— for example, excavator levels are comparable to large bulldozer levels. Some of these equipment types may generate substantial levels of vibration at close distances. Vibration Annoyance Construction activities may be perceptible at the nearest sensitive receptors due to their proximity. Groundborne vibration is rarely annoying to people who are outdoors, so it is usually evaluated in terms of indoor receivers. For annoyance, vibration is typically noticed nearby when objects in a building generate noise from rattling windows or picture frames. Since construction activities are usually distributed throughout the project site, vibration annoyance impacts are typically based on average vibration levels, and annoyance impacts are estimated using the distance to the nearest building from the center of the construction zone. A significant impact would occur if construction-related vibration levels exceed 78 VdB at surrounding residential receptors or 84 VdB at surrounding commercial receptors. Table 5.10-11, Average Annoyance Vibration Levels from Construction Equipment, of the DEIR shows the vibration levels from typical earthmoving construction equipment at the nearest receptors. Construction-generated vibration levels would not exceed 78 VdB at any nearby residential receptors or 84 VdB at any nearby commercial receptors. Therefore, no sensitive receptors would experience vibration levels in excess of the San Juan Capistrano Municipal Code perception threshold or the FTA vibration guidelines. Impacts related to construction vibration annoyance would be less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 57 of 144 Vibration-Induced Structural/Architectural Damage Beyond annoyance effects, higher levels of vibration can result in architectural damage at receptor buildings. “Architectural damage” is defined as minor surface cracks (in plaster, drywall, tile, or stucco) or sticking doors and windows. This is less severe than “structural damage,” which compromises structural soundness or threatens the basic integrity of the building shell. Building damage is typically not a concern for most projects, with the occasional exception of blasting and pile driving during construction (FTA 2006). No blasting, pile driving, or hard rock ripping/crushing activities would be required during project construction. However, several of the structures surrounding the proposed project site could be classified as historical buildings—particularly to the east along Los Rios Street. For a conservative analysis, all the surrounding receptors will be considered “Buildings extremely susceptible to vibration damage” according to the FTA vibration guidelines, and therefore the maximum vibration limit would be 0.12 ins/sec PPV. Note that small construction equipment generates vibration levels less than 0.1 PPV in/sec at 25 feet away. Since architectural damage from construction vibration sources can be a one- time event, and since such damage depends on the soil type, ground strata, and receptor building construction, vibration-damage distances are measured from the construction boundary to the façade of the nearest receptor building. The nearest off- site sensitive receptors to construction activities are the residences approximately 40 feet to the east of the boundary of proposed construction activities and the Zoomars Petting Zoo approximately 40 feet north of the boundary of proposed construction activities. Table 5.10-12, Architectural Damage Vibration Levels from Construction Equipment, of the DEIR shows the PPV of some common construction equipment and (loaded) haul trucks at the nearest receptors. The maximum construction-related vibration level at the nearest receptors to the east would be 0.104 PPV in/sec, which is below the 0.12 PPV in/sec criteria for vibration-induced architectural damage (at “Buildings extremely susceptible to vibration damage”). Therefore, architectural-damage vibration impacts from construction would be less than significant for off-site receptors. 3. Public Airport Noise Threshold: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Finding: No impact. (Page 8-7 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.9, Noise, page 8-7 of the DEIR, and page 7 of the Tech. Memo. The closest airport to the site is the John Wayne Airport located 17 miles to the ENVIRONMENTAL FINDINGS OF FACT Page 58 of 144 northwest. Project development would not expose people onsite to excessive levels of airport-related noise, and no impact would occur. 4. Private Airstrip Noise Threshold: For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Finding: No impact. (Page 8-7 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.9, Noise, page 8-7 of the DEIR, and page 7 of the Tech. Memo. The project is not within the vicinity of a private airstrip (AirNav 2018), and project development would not expose people to excessive noise levels. No impact would occur. ENVIRONMENTAL FINDINGS OF FACT Page 59 of 144 M. POPULATION AND HOUSING 1. Population Growth Threshold: Would the Project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure? Finding: No impact. (Page 8-7 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.10, Population and Housing, page 8-7 of the DEIR. The addition of new commercial uses on the project site would result in approximately 250 new employees on the project site. The Southern California Association of Governments (SCAG) forecasts that there will be approximately 17,900 jobs in San Juan Capistrano in 2040 (SCAG 2016), an increase of 5.3 percent from the existing 17,000 jobs estimated by the California Employment Development Department (EDD) for December 2017 (EDD 2018). Jobs generated by the proposed project would be within the projected job growth for the city, representing 27.8 percent of the job growth anticipated between 2017 and 2040. Furthermore, jobs generated by the proposed commercial uses would not substantially increase the workforce employed in San Juan Capistrano—they would represent an increase of 1.5 percent from December 2017—and the jobs would be expected to be filled by existing nearby residents. Southern Orange County has a substantial existing labor force within commuting distance of the project site and new employees would not need to move to San Juan Capistrano from outside the region. The proposed project would not induce substantial population growth; and no impact would occur. The project site is surrounded by urbanized neighborhoods and is already served by City streets, infrastructure, and public services. The Modified Project would connect into the existing infrastructure surrounding the project site and would not indirectly induce population growth through the extension of roads, infrastructure, or utilities. No impact would occur. 2. Displacement of Housing Threshold: Would the Project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Finding: No impact. (Page 8-7 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.10, Population and Housing, page 8-8 of the DEIR. There are no homes or residents onsite. The Modified Project would not displace housing; no impact would occur. ENVIRONMENTAL FINDINGS OF FACT Page 60 of 144 3. Displacement of People Threshold: Would the Project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Finding: No impact. (Page 8-8 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.10, Population and Housing, page 8-8 of the DEIR. There are no homes or residents onsite. The Modified Project would not displace substantial numbers of people; no impact would occur. N. PUBLIC SERVICES 1. Fire Protection Threshold: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection? Finding: Less than significant. (Page 5.11-5 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.11, Public Services, Impact 5.11-1, starting on page 5.11-3 of the DEIR, and page 7 of the Tech. Memo. Construction Construction of the proposed project is not expected to increase demand for fire protection and emergency medical services, however, the construction activities has the potential to result in temporary traffic detours and disruptions. To address fire and emergency access needs, the project applicant is responsible for the preparation and submittal of a construction area traffic management plan. As described in Chapter 3, Project Description, of the DEIR the plan would be required to identify truck routes and traffic controls in the event of limited access or closure of any traffic lanes, parking lanes, parkways or any other public right-of-way is required. Fire and emergency vehicles would have access to the project site via Del Obispo Street, Paseo Adelanto, and Los Rios Street. During the development review process the project applicant would be required to coordinate with OCFA to ensure adequate emergency vehicle access during all phases of construction. Therefore, construction activities would not interfere with response times or service ratios and impacts would be less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 61 of 144 Operation Project development would result in a slight increase in demands for fire protection and emergency medical services. OCFA determined that it can serve the project with existing firefighting stations, apparatus, and staff, and that project development would not require the OCFA to build new or expanded fire stations or obtain additional apparatus and staff (Rivers 2018). Therefore, impacts would be less than significant. Further, the proposed project would be required to comply with all applicable fire code and ordinances for construction, access, water mains, fire flows, and fire hydrants. For example, site plans would be submitted to OCFA to ensure compliance with OCFA standard conditions, including fire flow requirement based upon the tenant type, building size, and building type. Access to and around structures would meet OCFA and CFC requirements. The project would provide restricted, emergency-only access along the eastern boundary of the site, via gated entries from both River Street and the southern parking pool. Fire personnel will be provided exclusive access via installation of a Knox Box. Compliance with OCFA requirements would ensure adequate provision of resources. In order to ensure adequate level of fire protections service within the City of San Juan Capistrano, OCFA typically enters into a Secured Fire Projection Agreement with private developers. As stated, the proposed project would not require the construction of a new fire station or additional personnel. However, the project applicant will enter into a Secured Fire Protection Agreement with OCFA to address any incremental impacts to fire facilities and services. Additionally, project operation would generate tax revenue, part of which would be available to fund OCFA through the City’s General Fund and Structural Fire Fund. 2. Police Protection Threshold: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection? Finding: Less than significant. (Page 5.11-8 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.11, Public Services, Impact 5.11-2, starting on page 5.11-7 of the DEIR, and page 7 of the Tech. Memo. Construction ENVIRONMENTAL FINDINGS OF FACT Page 62 of 144 Construction activities on the site would occur over a period of approximately 17 months. During construction activities there is a potential for increased theft, vandalism, and trespassing. However, the project applicant will be required to ensure that site access is restricted and adequate security is maintained to prevent unlawful trespass, vandalism, theft of construction materials and/or equipment, and other property crimes. Additionally, implementation of the project’s construction area traffic management plan would ensure that road or lane closures do not affect response times by law enforcement agencies. With prior notification of construction schedules, lane closures, etc., OCSD will be able to respond in a timely manner to emergency calls in the affected area. As the Modified Project would include less square footage, and it is expected that existing services would be adequate to serve the project even with modifications. The same commercial and office uses would be served on site. Therefore, construction activities would not interfere with response times or service ratios and impacts would be less than significant. Operation The proposed project would result in the development of 64,900 square feet of commercial and office land uses, resulting in an increase of approximately 250 employees. The proposed uses and increase in employees and visitors to the project site would increase calls for polices services. OCSD anticipates that it will be able to serve the proposed project with existing stations, staff, and equipment, and that it would not need to build new or expanded Sheriff’s stations—or obtain additional staff or equipment—to serve the project (Bulanek 2018). Therefore, law enforcement personnel will be able to respond in a timely manner to emergency calls in the affected area and impacts would be less than significant. Additional tax revenue generated by implementation of the proposed project would also contribute to the City’s General Fund, which could be allocated to fund additional police services. As the Modified Project would include less square footage, and it is expected that existing services would be adequate to serve the project even with modifications. The same commercial and office uses would be served on site. 3. Schools, Parks, or Libraries Threshold: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools, parks or libraries? Finding: No impact. (Page 8-8 of the DEIR; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.11, Public Services, page 8-8 of the DEIR, and page 7 of the Tech. Memo. ENVIRONMENTAL FINDINGS OF FACT Page 63 of 144 Demands for school, parks and library services and facilities are generated by the population within the service area. The proposed project would not increase the number of residents or households in the region and thus would not generate increased demands for schools, parks, or libraries. The proposed project would increase the number of employees on the project site. However, jobs would be expected to be filled by existing nearby residents and would not increase the demand for schools, parks, or libraries. As the Modified Project would include less square footage, and it is expected that existing services would be adequate to serve the project even with modifications. The same commercial and office uses would be served on site. No impact would occur. O. RECREATION 1. Deterioration Threshold: Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Finding: No impact. (Page 8-8 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.12, Recreation, page 8-8 of the DEIR. Demand for recreational facilities is generated by the population within the parks and recreation service area. The project does not propose development of housing and would not increase the population within the City. The proposed project would increase the number of employees on the project site. However, jobs would be expected to be filled by existing nearby residents and would not increase the demand on existing parks or other recreational facilities. As the Modified Project would include less square footage, and it is expected that existing services would be adequate to serve the project even with modifications. The same commercial and office uses would be served on site. Project development would not increase use of recreational facilities, and no impact would occur. 2. Construction of New Facilities Threshold: Does the Project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Finding: No impact. (Page 8-9 of the DEIR) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.12, Recreation, page 8-9 of the DEIR. The project does not propose development of recreational facilities and, as indicated previous, the project would not increase the demand requiring expansion of such facilities. As the Modified Project would include less square footage, and it is ENVIRONMENTAL FINDINGS OF FACT Page 64 of 144 expected that existing services would be adequate to serve the project even with modifications. The same commercial and office uses would be served on site. No impact would occur. P. TRANSPORTATION / TRAFFIC 1. Plans, Policies, and Ordinances – Long-term Operation Threshold: Would the Project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation n including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Finding: Less than significant. (Pages 5.12-49, 5.12-64, and 5.12-65 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impacts 5.12-1 and 5.12-2, starting on page 5.12-40 of the DEIR, and pages 7-8 of the Tech. Memo. Project-related trip generation would not impact levels of service for the existing area roadway system. The TIA evaluated project-related traffic impacts on the City’s circulation system utilizing several methodologies: ICU analysis, HCM analysis, intersection “Hot Spot” Synchro analysis, roadway link volume-to-capacity (V/C) ratio analysis, and peak hour segment analysis. As discussed, potential project-related traffic impacts were evaluated for three scenarios to determine potential project-related traffic impacts: (1) Existing Plus Project; (2) Existing Plus Project Plus Cumulative (Year 2020); and (3) General Plan Buildout. Revised trip generation based on the changes associated with the Modified Project would be less than that identified in the EIR. The EIR’s analysis forecast the project to generate 2,711 daily trips (one half arriving and one half departing), with 152 trips (92 inbounds, 60 outbound) in the AM peak hour and 176 trips (106 inbound, 70 outbound) in the PM peak hour. The Modified Project trip generation would be lower than the trip generation analyzed in the Traffic Impact Analysis for the EIR with 2,382 daily trips, of which 132 would occur in the AM peak hour and 150 would occur in the PM peak hour. This would result in a reduction of 329 daily trips, 20 AM peak hour and 25 PM peak hour trips compared to the project analyzed in the Traffic Study. Furthermore, the project would still have to comply with applicable regulations pertaining to transportation. Thus, the traffic conditions and significance conclusions below apply to the Modified Project as well. Existing Plus Project ENVIRONMENTAL FINDINGS OF FACT Page 65 of 144 The Existing Plus Project traffic conditions is evaluated to determine the project’s potential direct impacts. Intersection Capacity Analysis (ICU Method) Table 5.12-12 (columns 2 and 4) of the DEIR show the City’s LOS goal and a summary of the existing AM and PM peak hour LOS. As shown, all intersections are currently operating at acceptable LOS. A project’s impact (direct impact) on the existing street system is considered “significant” if the project’s ICU increase is 0.010 or greater and the resulting Existing Plus Project Traffic Conditions LOS is “E” or “F” (ICU > 0.900). For “Hot Spot” intersections, a project’s impact (direct impact) on the existing street system is considered “significant” if the project’s ICU increase is 0.010 or greater and the resulting Existing Plus Project Traffic Conditions LOS is “F” (ICU > 1.000). Table 5.12-12 of the DEIR provides a comparison of existing peak hour traffic conditions (column 4) with the addition of project related traffic (column 5), a determination of direct project impacts (column 7). As shown, all key area intersections are expected to continue to operate at acceptable LOS based on the City’s LOS criteria; no direct impacts would occur. Intersection Capacity Analysis (HCM Method) Tables 5.12-8 and 5.12-13 of the DEIR show the City’s LOS goal and a summary of the existing AM and PM peak hour LOS. As shown, all intersections are currently operating at acceptable LOS. A project’s impact (direct impact) on the existing street system is considered “significant” if the project’s delay increase is 1.0 second or greater and the resulting Existing Plus Project traffic conditions LOS is “E” or “F” (Delay “> 35.0 s/v” or “> 55.0 s/v”). For “Hot Spot” intersections, a project’s impact (direct impact) on the existing street system is considered “significant” if the project’s HCM increase is 1.0 second or greater and the resulting Existing Plus Project traffic conditions LOS is “F” (Delay “> 50.0 s/v” or “> 80.0 s/v”). Table 5.12-13 of the DEIR provides a comparison of existing peak hour traffic conditions (column 4) with the addition of project related traffic (column 5), a determination of direct project impacts (column 7). As shown, all key area intersections are expected to continue to operate at acceptable LOS based on the City’s LOS criteria; no direct impacts would occur. Roadway Segment Analysis (Daily V/C Ratio Method) Tables 5.12-9 and 5.12-14 of the DEIR show the City’s V/C ratio goal and existing roadway segment LOS. As shown, all roadway are currently operating at acceptable LOS. A project’s impact (direct impact) on the existing street system (major, primary, secondary or limited secondary arterials) is considered “significant” if the project’s V/C ratio increase is 0.010 or greater and the resulting Existing Plus Project traffic conditions LOS is “E” or “F” (V/C > 0.900). A project’s impact (direct impact) on the existing street system (local residential arterials) is considered “significant” if the ENVIRONMENTAL FINDINGS OF FACT Page 66 of 144 project’s V/C ratio increase is 0.010 or greater and the resulting Existing Plus Project traffic conditions LOS is “D”, “E” or “F” (V/C > 0.800). For “Hot Spot” roadway segments, a project’s impact (direct impact) on the existing street system is considered “significant” if the project’s ICU increase is 0.010 or greater and the resulting Existing Plus Project traffic conditions LOS is “F” (V/C > 1.000). Table 5.12-14 of the DEIR provides a comparison of existing traffic conditions (column 5) with the addition of project related traffic (column 6), a determination of direct project impacts (column 8). As shown, all roadway segments are expected to continue to operate at acceptable LOS based on the City’s LOS criteria; no direct impacts would occur. Existing Plus Project Plus Cumulative (Year 2020) The Existing Plus Project Plus Cumulative traffic conditions is evaluated to determine the project’s potential near-term cumulative impacts. Intersection Capacity Analysis (ICU Method) A project’s impact (cumulative impact) is considered “significant” if the project- related ICU increment for Existing Plus Project traffic conditions minus Existing traffic conditions is 0.010 or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” or “D” (ICU ≤ 0.900) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “E” or “F” (ICU > 0.900). For “Hot Spot” intersections, within a cumulative traffic setting, a project’s impact (cumulative impact) is considered “significant” if the project-related ICU increment for Existing Plus Project traffic conditions minus Existing traffic conditions is 0.010 or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” “D” or “E” (ICU 1.000) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “F” (ICU > 1.000). Table 5.12-12 of the DEIR shows that under the Existing Plus Project Plus Cumulative traffic conditions (column 6), all key study intersections are expected to continue to operate at acceptable LOS based on the City’s LOS criteria. The proposed project would not result in any cumulative traffic impacts (column 7) to intersections during the AM and PM peak hours. Appendix E of the TIA (Appendix J1 of the DEIR) contains the ICU/LOS calculation worksheets for the key signalized study intersections for the AM and PM peak hours for the Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions. Intersection Capacity Analysis (HCM Method) A project’s impact (cumulative impact) is considered “significant” if the project- related delay increment for Existing Plus Project traffic conditions minus Existing traffic conditions is 1.0 seconds or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” or “D” (Delay “≤ 35.0 s/v” or “≤ 55.0 s/v”) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “E” or “F” (Delay “> 35.0 s/v” or ENVIRONMENTAL FINDINGS OF FACT Page 67 of 144 “> 55.0 s/v”). For “Hot Spot” intersections, within a cumulative traffic setting, a project’s impact (cumulative impact) is considered “significant” if the project-related delay increment for Existing Plus Project traffic conditions minus Existing traffic conditions is 1.0 second or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” “D” or “E” (Delay “≤ 50.0 s/v” or “≤ 80.0 s/v”) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “F” (Delay “> 50.0 s/v” or “> 80.0 s/v”). Table 5.12-13 of the DEIR shows that under the Existing Plus Project Plus Cumulative traffic conditions (column 6), all key study intersections are expected to continue to operate at acceptable LOS based on the City’s LOS criteria. The proposed project would not result in any cumulative traffic impacts (column 7) to intersections during the AM and PM peak hours. Appendix F of the TIA (Appendix J1 of the DEIR) contains the HCM Delay/LOS calculation worksheets for the key study intersections for the AM and PM peak hours for the Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions. Roadway Segment Analysis (Daily V/C Ratio Method) A project’s impact (cumulative impact) is considered “significant” if the project- related V/C ratio increment for Existing Plus Project traffic conditions minus Existing Traffic conditions for major, primary, secondary or limited secondary arterials is 0.010 or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” or “D” (V/C ≤ 0.900) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “E” or “F” (V/C > 0.900). A project’s impact (cumulative impact) is considered “significant” if the project-related V/C ratio increment for Existing Plus Project traffic conditions minus Existing traffic conditions for local residential arterials is 0.010 or greater and the Existing Plus Project traffic conditions LOS is “A”, “B” or “C” (V/C ≤ 0.800) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “D”, “E” or “F” (V/C > 0.800). For “Hot Spot” roadway segments, within a cumulative traffic setting, a project’s impact (cumulative impact) is considered “significant” if the project-related V/C ratio increment for Existing Plus Project traffic conditions minus Existing traffic conditions is 0.010 or greater and the Existing Plus Project traffic conditions LOS is “A”, “B”, “C” “D” or “E” (V/C ≤ 1.000) and the Existing Plus Project Plus Cumulative (Year 2020) traffic conditions LOS” is “F” (V/C > 1.000). Table 5.12-14 of the DEIR shows that under the Existing Plus Project Plus Cumulative traffic conditions (column 6), all roadway segments will operate at acceptable LOS except for: • 7. Del Obispo Street, between Camino Capistrano and Alipaz Street In cases where a roadway exceeds the City’s LOS criteria, the City’s traffic impact guidelines require a second tier peak hour V/C analysis to determine if in fact the roadway is deficient. Because the peak hour reflects the most congested time of day, if the peak hour analysis does not reflect an insufficient LOS, then the traffic engineer can conclude that the roadway segment is not deficient. This second tier analysis is a ENVIRONMENTAL FINDINGS OF FACT Page 68 of 144 common approach with many lead agencies and is particularly useful in this case due to the configuration of this roadway segment. The traffic model assumes that Del Obispo Street between Camino Capistrano and Alipaz is a 4-lane facility. However, this segment actually has 4 through lanes and dual left turn lanes at the signalized intersection, which allows it to operate similar to a 6-lane facility. As demonstrated below, under the Peak Hour analysis, the roadway segment is not deficient Roadway Segment Analysis (Peak Hour V/C Method) Table 5.12-15 of the DEIR summarizes the AM and PM peak hour roadway segment LOS results at the one key roadway segment that was cumulatively impacted on a daily bases based on the daily V/C ratio method of analysis. The LOS goal for this roadway segment is LOS E. As shown, the roadway segment operates at acceptable levels of service based on the peak hour V/C method of analysis under Existing, Existing Plus Project, and Existing Plus Project Plus Cumulative conditions. The project would not have a cumulative traffic impact based on the City’s LOS standards and impact criteria. Synchro 10.0 Method The Synchro 10.0 software program is used to analyze closely spaced intersections to determine the operating impact and potential queue. Per the City of San Juan Capistrano requirements, a Synchro 10.0 analysis has been performed for three (3) key intersections along Del Obispo Street that has closely-spaced signalized intersections less than 900 feet apart. The closely-spaced signalized intersections create substantial queuing and backup as a result of their proximity to each other. The Synchro analysis is based on HCM Delay/LOS methodology. Table 5.12-16 of the DEIR presents a summary of the peak hour Service Levels at the three study intersections located at Del Obispo Street and (1) Camino Capistrano, (2) Paseo Adelanto, and (3) Alipaz Street. As shown, all three intersections operate at acceptable levels of service during Existing, Existing Plus Project, and Existing Plus Project Plus Cumulative conditions. The proposed project will not directly or cumulatively impact the three intersections. Appendix G of the TIA (Appendix J1 of the DEIR) contains the Synchro 10.0 LOS calculation worksheets for AM and PM peak hour near term traffic conditions. General Plan Buildout Intersection Capacity Analysis (ICU Method) Table 5.12-17 of the DEIR summarizes the long-term (General Plan Buildout) peak hour LOS results at the key study intersections based on the ICU method of analysis and shows the proposed project’s traffic impact to the Circulation Element upon buildout of the City’s General Plan. Table 5.12-17 indicates that under General Plan Buildout traffic conditions (column 6), all the key signalized intersections are forecast to ENVIRONMENTAL FINDINGS OF FACT Page 69 of 144 operate acceptable LOS based on the City’s LOS criteria. The proposed project would not result in any cumulative traffic impacts under General Plan Buildout conditions (column 7) at any of the intersections during the AM and PM peak hours. Appendix H of the TIA (Appendix J1 of the DEIR) contains the General Plan Buildout ICU/LOS calculation worksheets for the key study intersections for the AM and PM peak hours. Intersection Capacity Analysis (HCM Method) Table 5.12-18 shows that under General Plan Buildout traffic conditions (column 6) all the key study intersections are forecast to operate at acceptable LOS based on the City’s LOS criteria. The proposed project would not result in any cumulative traffic impacts (column 7) to intersections during the AM and PM peak hours. Appendix J of the TIA (Appendix J1 of the DEIR) contains the General Plan Buildout HCM Delay/LOS calculation worksheets for the key study intersections for the AM and PM peak hours. Roadway Segment Analysis (Daily V/C Ratio Method) Table 5.12-19 of the DEIR shows that under General Plan Buildout traffic conditions (column 7), all roadway segments will operate at acceptable LOS except for: • 7. Del Obispo Street, between Camino Capistrano and Alipaz Street In cases where a roadway exceeds the City’s LOS criteria, the City’s traffic impact guidelines require a second tier peak hour V/C analysis to determine if in fact the roadway is deficient. Because the peak hour reflects the most congested time of day, if the peak hour analysis does not reflect an insufficient LOS, then the traffic engineer can conclude that the roadway segment is not deficient. This second tier analysis is a common approach with many lead agencies and is particularly useful in this case due to the configuration of this roadway segment. The traffic model assumes that Del Obispo Street between Camino Capistrano and Alipaz is a 4-lane facility. However, this segment actually has 4 through lanes and dual left turn lanes at the signalized intersection, which allows it to operate similar to a 6-lane facility. As demonstrated below, under the Peak Hour analysis, the roadway segment is not deficient. Roadway Segment Analysis (Peak Hour V/C Method) Table 5.12-20 of the DEIR summarizes the AM and PM peak hour roadway segment LOS results at the one key roadway segment that was cumulatively impacted on a daily bases based on the daily V/C ratio method of analysis. The LOS goal for this roadway segment is LOS E. As shown, the roadway segment operates at acceptable levels of service (column 6) based on the peak hour V/C method of analysis under General Plan Buildout conditions. The project would not have a cumulative traffic impact (column 8) based on the City’s LOS standards and impact criteria. ENVIRONMENTAL FINDINGS OF FACT Page 70 of 144 Synchro 10.0 Method Table 5.12-21 of the DEIR presents a summary of the peak hour Service Levels at the three study intersections located at Del Obispo Street and (1) Camino Capistrano, (2) Paseo Adelanto, and (3) Alipaz Street. As shown, all three intersections operate at acceptable levels of service during General Plan Buildout conditions. The proposed project will not directly or cumulatively impact the three intersections. Appendix K of the TIA (Appendix J1 of the DEIR) contains the Synchro 10.0 LOS calculation worksheets for AM and PM peak hour near term traffic conditions. Freeway Off-Ramps Project-related trip generation in combination with existing and proposed cumulative development would not result in freeway or highways exceeding acceptable stacking/storage lengths on all off-ramps. A “turn pocket” queuing evaluation has been conducted for the I-5 Freeway Off-Ramps at Ortega Highway to determine the minimum required stacking/storage lengths for all off-ramp lanes. The queuing evaluation was conducted for future conditions (Existing Plus Project Plus Cumulative (Year 2020) and General Plan Buildout) and the Average Queue methodology, which calculates the average queue value in terms of number of vehicles per lane. For the purposes of the analysis, the minimum storage requirement for left-turn lanes and right-turn lanes was calculated by taking 1.5 time the average queue length and multiplying it by an average car length of 25 feet. Existing Plus Project Plus Cumulative (Year 2020) Table 5.12-22 of the DEIR identifies the minimum required stacking/storage lengths for the off-ramp lanes at the two (2) ramp intersections of I-5 Freeway at Ortega Highway for Existing Plus Project Plus Cumulative (Year 2020) traffic conditions. The stacking/storage requirements shown in Table 5.12-22 are required at a minimum to ensure that vehicles do not queue beyond the off-ramp causing interruptions to through traffic on the mainline of the I-5 Freeway. Based on the estimated storage now provided on the off-ramp intersections from the I-5 Freeway to Ortega Highway, there is adequate storage for Existing Plus Project Plus Cumulative (Year 2020) traffic conditions. General Plan Buildout Table 5.12-20 of the DEIR identifies the minimum required stacking/storage lengths for the off-ramp lanes at the two (2) ramp intersections of I-5 Freeway at Ortega Highway for General Plan Buildout traffic conditions. The stacking/storage requirements shown in Table 5.12-23 are required at a minimum to ensure that vehicles do not queue beyond the off-ramp causing interruptions to through traffic on the mainline of the I-5 Freeway. Based on the estimated storage now provided on the off-ramp intersections from the I-5 Freeway to Ortega Highway, there is adequate storage for General Plan Buildout traffic conditions. ENVIRONMENTAL FINDINGS OF FACT Page 71 of 144 2. Congestion Management Programs Threshold: Does the Project conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Finding: Less than significant. (Page 5.12-66 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impact 5.12-4, starting on page 5.12-65 of the DEIR, and pages 7-8 of the Tech. Memo. Revised trip generation based on the changes associated with the Modified Project would be less than that identified in the EIR. The EIR’s analysis forecast the project to generate 2,711 daily trips (one half arriving and one half departing), with 152 trips (92 inbounds, 60 outbound) in the AM peak hour and 176 trips (106 inbound, 70 outbound) in the PM peak hour. The Modified Project trip generation would be lower than the trip generation analyzed in the Traffic Impact Analysis for the EIR with 2,382 daily trips, of which 132 would occur in the AM peak hour and 150 would occur in the PM peak hour. This would result in a reduction of 329 daily trips, 20 AM peak hour and 25 PM peak hour trips compared to the project analyzed in the Traffic Study. Furthermore, the project would still have to comply with applicable regulations pertaining to transportation. Thus, the traffic conditions and significance conclusions below apply to the Modified Project as well. Project-related trip generation in combination with existing and proposed cumulative development would not result in designated road and/or highways exceeding county congestion management agency service standards. Within the defined CMP highway network, CMP Highway System (CMPHS) intersections are not allowed to deteriorate to a condition which is worse than LOS E or the base year LOS, if worse than E, without mitigation being prescribed in an acceptable deficiency plan. The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more daily trips, or 1,600 or more daily trips for projects that directly access the CMPHS. As noted in Impact 5.12.1, the proposed project is forecast to generate approximately 2,711 daily trip-ends and thus meets the criteria requiring a CMP TIA. There are two CMP intersections located within the study area of the proposed project: • 1. I-5 NB Ramps at Ortega Highway • 2. I-5 SB Ramps at Ortega Highway A potential impact to a CMP link would occur if the project traffic would exceed three percent of its daily LOS “E” capacity. As shown in Table 16-1 of the TIA (Appendix J1 of the DEIR), the proposed project would only contribute 0.76 percent of the roadway ENVIRONMENTAL FINDINGS OF FACT Page 72 of 144 segment at Ortega Highway between the I-5 NB Ramps and the I-5 SB Ramps. This does not exceed the three percent limit, therefore a CMP analysis is not required and impacts are less than significant. 3. Air Traffic Patterns Threshold: Does the Project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Finding: No impact. (Page 8-9 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 8.13, Transportation and Traffic, page 8-9 of the DEIR, and pages 7-8 of the Tech. Memo. Implementation of the Modified Project would not result in a change in air traffic patterns. The proposed project area is not within the any Airport Influence Area and there are no private airstrips in the vicinity of the proposed project area (Airnav 2018). Therefore, no impact would occur. 4. Emergency Access Threshold: Does the Project result in inadequate emergency access? Finding: Less than significant. (Page 5.12-68 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impact 5.12-5, page 5.12-67 and 5.12-68 of the DEIR, and pages 7-8 of the Tech. Memo. Emergency Access The on-site circulation layout was evaluated based on Turning Vehicle Templates, developed by Jack E. Leisch & Associates and AutoTURN for AutoCAD computer software that simulates turning maneuvers for various types of vehicles. The turning templates were utilized to ensure that small service/delivery trucks (i.e., UPS, FedEx, and trash trucks), fire trucks and passenger vehicles could properly access and circulate through the project site. A trash truck turning template and fire truck turning template was utilized in this evaluation. Curb return radii within the project site have been confirmed and are adequate for passenger cars, service/delivery trucks and trash trucks as well as a tour bus. No hazards or vehicle-pedestrian conflicts would occur. Figures 5.12-8 and 5.12-9 of the DEIR present the turning movements required of a trash truck and a fire truck to circulate throughout the project site, respectively. The curb return radii are adequate for trash trucks and fire trucks, and the design of the entry/exit points of the project driveways are adequate for expected traffic volumes. The ENVIRONMENTAL FINDINGS OF FACT Page 73 of 144 on-site circulation would not restrict emergency access; no impact would occur. Evacuation Routes The San Juan Capistrano Emergency Preparedness Plan designates Del Obispo Street, south of the project site, as a City-designated evacuation route. Project-related traffic would not adversely impact the City-designated evacuation route because the project would not exceed LOS thresholds as demonstrated under Impact 5.12-1, of the DEIR. The project would not impede with evacuation in the event of an emergency or natural disaster; and impacts are less than significant. 5. Alternative Modes Threshold: Does the Project conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Finding: Less than significant. (Page 5.12-75 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impact 5.12-6, page 5.12-68 of the DEIR, and pages 7-8 of the Tech. Memo. The proposed project complies with adopted policies, plans, and programs related to transit, bicycles, and pedestrians. Transit The proposed project would increase employees within a transit priority area, since it is located within a quarter mile of the San Juan Capistrano station. There are several bus stops in proximity to the project as well as a regional rail station, the San Juan Capistrano station. There are 3 bus stops served by Orange County Transportation Authority (OCTA) within walking distance to the project site: • Two bus stops are on Del Obispo Street to the south of the project site, served by OCTA Bus 91. • One bus stop is at Del Obispo Street at Alipaz Street, also served by OCTA Bus 91. Route 91 provides connections to several areas countywide, with access from Laguna Hills to San Clemente. The project would not interrupt or displace any existing bus stop. The project would not modify or introduce new features to any public road that would affect OCTA facilities; therefore, no impact would occur. Additionally, the San Juan Capistrano station is approximately 500 feet from the project site, accessible via Los Rios Street or River Street and Paseo Adelanto. The ENVIRONMENTAL FINDINGS OF FACT Page 74 of 144 San Juan Capistrano station is served by the regional rail service, Metrolink, with two lines operating from the station, the Orange County Line and the Inland Empire-OC Line. The station is also served by Amtrak and the Pacific Surfliner passenger rail line. The project would not interrupt or displace any rail line or interfere with the San Juan Capistrano station. The Modified Project would not modify or introduce new features to any public road that would affect transit in the project area; therefore, no impact would occur. Pedestrian The proposed project would invite pedestrian activity through providing an accessible, family-oriented use to the area. As described in Chapter 3, Section 3.3.2.1, the project is envisioned as a pedestrian-oriented development, as pedestrian access and circulation is a key component of the project. As shown in Figure 3-4 in Chapter 3, an enhanced pedestrian entrance to the project site would be provided from Los Rios Street, connecting to the current River Street. Historical depiction boards would also be located in this area, providing a logical pedestrian transition from the O’Neill Museum, which abuts the eastern site boundary. As part of the project, vehicular traffic along River Street would be prohibited by the use of split-rail fencing to be placed just east of the intersection with Paseo Adelanto, as well as retractable bollards in the northeastern end of the project site where River Street intersects Los Rios Street. River Street would be transitioned from the existing asphalt paved street to a decomposed granite path. An enhanced pedestrian path to the proposed common area and buildings would be provided between the Farmstead and Red Barn—the path would connect to the decomposed granite path of the former River Street. Patrons would also be able to safely and conveniently walk from the parking areas to the common area and buildings via the decorative aggregate paving of the parking areas. Additionally, a new public sidewalk would be constructed along Paseo Adelanto. Americans With Disabilities Act (ADA)-compliant parking and access pathways would be provided throughout the site. The Modified Project would enhance pedestrian connectivity throughout the site and surrounding area, resulting in a beneficial impact to pedestrian facilities. No impact to pedestrian facilities would occur. Bicycle The City of San Juan Capistrano promotes bicycling as a means of mobility and a way in which to improve the quality of life within its community. As previously described, Class I Bicycle paths in the vicinity of the project currently exist at the Robert McCollum Memorial Bicycle Trail, Trabuco Creek Trail and San Juan Creek Trail. Class II Bicycle routes currently exists along Del Obispo Street, Alipaz Street and Camino Capistrano. The Los Rios Specific Plan describes that the primary bicycle access to the area is via the Trabuco Creek trail. The Modified Project would not encroach onto existing bicycle facilities. ENVIRONMENTAL FINDINGS OF FACT Page 75 of 144 Additionally, the development would provide sufficient right-of-way along Paseo Adelanto and River Street to accommodate bicyclists and access to Trabuco Creek Trail. The project would have a beneficial impact to bicycle facilities; no impact to bicycle facilities would occur. Consistency with Circulation Element The proposed project is consistent with the goals and policies discussed in the City of San Juan Capistrano Circulation Element and the Los Rios Specific Plan Circulation Element. The Circulation Elements are the guiding documents for planning the circulation and mobility for the proposed project. For the reasons stated above, the project is consistent with Circulation Goal #1 of the Los Rios Specific Plan Circulation Element, by providing safe and convenient pedestrian access to both area residents and visitors: Circulation Goal #1: Create a circulation plan which provides for safe and convenient pedestrian access for both visitors and residents to the district. The proposed project is also consistent with policies outlined in the City’s General Plan Circulation Element: • Policy 1.1: Provide and maintain a City circulation system that is in balance with the land uses in San Juan Capistrano. • Policy 2.2: Promote new employment-producing development in areas where public transit is convenient and desirable. Consistency with SB 743 As stated in Section 5.12.1.1, Regulatory Setting, of the DEIR SB 743 started a process that could fundamentally change transportation impact analysis as part of CEQA compliance. These changes in many parts of California (if not statewide) will include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as a basis for determining significant impacts. As part of the new CEQA Guidelines, the new criteria “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099(b)(1)). Certification of the new guidelines are expected in late 2017. However, since OPR has not yet amended the CEQA Guidelines to implement this change, automobile delay is still considered a significant impact, and the City of San Juan Capistrano will continue to use the established LOS criteria. For informational purposes, LLG obtained VMT data for the proposed project from OCTAM (provided by LSA Associates; see Appendix J2 of the DEIR). The future VMT is estimated to be 14,619 miles per day during the weekday, 16,173 miles per day on Saturday, and 15,318 miles per day on Sunday; resulting in an average daily VMT of 14,941 (PlaceWorks 2018). It should be noted that the VMT calculated for the project ENVIRONMENTAL FINDINGS OF FACT Page 76 of 144 site overestimates the total VMT generated by the proposed development because retail projects typically re-route travel from other retail destinations and new retail developments of this size and type are intended to serve the immediately surrounding residential neighborhoods. Furthermore, the project is located within a transit priority area. The retail uses would be available to service the captive market of commuters using transit and within walking distance of the San Juan Capistrano station. The proposed updates to the CEQA Guidelines (dated November 2017), which implement SB 743 and are anticipated to be adopted by the end of 2018, state that, generally, land use projects within a transit priority area should be presumed to result in a less than significant transportation impact. The Modified Project is consistent with SB 743 and no impact would occur. Q. UTILITIES AND SERVICE SYSTEMS 1. Wastewater Treatment Requirements, Facilities, and Capacity Threshold: Would the Project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Would the Project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Does the Project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Finding: Less than significant. (Page 5.14-7 of the DEIR; page 8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.14, Utilities and Service Systems, Impact 5.14-2, page 5.14-7 of the DEIR, and page 8 of the Tech. Memo. Project-generated wastewater could be adequately treated by the wastewater service provider for the project. The type and scale of the Modified Project is smaller than what was analyzed for the DEIR, therefore the analyses and significance conclusions below apply to the Modified Project. Wastewater Treatment As discussed under Subsection 5.14.1.1 of the DEIR, the wastewater generated the wastewater generated by the project site is treated at the JBLTP, which has a design capacity of 13 mgd and has a remaining capacity of approximately 6.4 mgd, of ENVIRONMENTAL FINDINGS OF FACT Page 77 of 144 which, the City of San Juan Capistrano owns approximately 0.37 mgd. The proposed project would generate an average daily flow of 0.02 mgd, which represents less than one percent of the remaining capacity at JBLTP (6.4 mgd) and 5 percent of the City’s ownership in the facility’s design capacity (0.37 mgd). Project generated wastewater is within the City’s remaining allowable capacity at the JBLTP. There is sufficient wastewater treatment capacity in the region for project-generated wastewater, and project development would not require construction of new or expanded wastewater treatment facilities. Impacts would be less than significant. Wastewater Treatment Requirements Wastewater treatment requirements for discharges to municipal storm drainage systems are set forth in the San Diego Regional Water Quality Control Board Order No. R9-2012-0012 National Pollutant Discharge Elimination System (NPDES) Permit. Wastewater flows from the project site would not interfere with the ability of the wastewater treatment plant to continue to meet the discharge limitations for the NPDES permit, because wastewater flows are well within the design capacity of the JBLTP. The proposed restaurant is expected to generate some fats, oils, and grease. The City of San Juan Capistrano institutes a comprehensive grease control program that requires all food facilities to install a grease control device. A grease interceptor is the primary required device unless the City deems the installation of an interceptor impossible; in which case an alternative device shall be required. Grease interceptors are to be designed in accordance with the latest Uniform Plumbing Code adopted by the City at the time of plan check and approval. Additionally, plans for water quality protection that would be required for the proposed project—Stormwater Pollution Prevention Plans for construction projects and Water Quality Management Plans for design and operation of projects—are discussed in Section 5.8, Hydrology and Water Quality, as are Best Management Practices included in the project’s design. Thus, project-generated wastewater would not adversely affect SOCWA compliance with treatment requirements for effluent from its treatment plants. Impacts would be less than significant. 2. New Storm Drainage Facilities Threshold: Does the Project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Finding: Less than significant. (Section I, Hydrology and Water Quality) Explanation: Refer to Section I, Hydrology and Water Quality, above. 3. Water Supplies and Facilities ENVIRONMENTAL FINDINGS OF FACT Page 78 of 144 Threshold: Does the Project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Would the Project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Finding: Less than significant. (Page 5.14-16 of the DEIR; page 8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.14, Utilities and Service Systems, Impact 5.14-3, page 5.14-15 of the DEIR, and page 8 of the Tech. Memo. Water supply and delivery systems are adequate to meet project requirements. The type and scale of the Modified Project is smaller than what was analyzed for the DEIR, therefore the analyses and significance conclusions below apply to the Modified Project. Water Supplies Construction Short-term demand for water may occur during demolition, excavation, grading, and construction activities. Water demand for soil watering (fugitive dust control), cleanup, masonry, painting, and other activities would be temporary and would cease once construction activities were completed. Overall, short-term demolition and construction activities would require minimal water and are not expected to have any adverse impacts on the existing water supply. Operation An increase in long-term demand for water is anticipated to occur during the operation of the proposed project. The City of San Juan Capistrano estimates water demand by commercial, industrial, and school uses at 1,785 gpd per acre (Bauman 2018). The 5.86-acre project is thus estimated to use about 10,460 gpd (11.7 afy) of water. According to the City’s UWMP, the City has adequate supplies to serve 100 percent of its customers during normal, dry year, and multiple dry year demand through 2040 with projected population increases and accompanying increases in water demand. The City forecasts that it will have sufficient water supplies for a net increase of 157 afy, between 2015 and 2040 (see Table 5.14-2 above). The City projects that it will have 8,618 afy in 2020 and 8,688 afy in 2040. The proposed project would represent a small percentage (0.1 percent) of the City’s projected water supply in 2020. ENVIRONMENTAL FINDINGS OF FACT Page 79 of 144 This represents just 7 percent of the anticipated increase in demand between 2015 and 2040. The City states that it has obtained the import water capacity needed to serve continued development in the City (SJC 2018b), and projects that there is adequate water supply for 64,900 square foot commercial and office developments. (Bauman 2018). The proposed project is required to comply with California State law regarding water conservation measures, including pertinent provisions of Title 24 of the California Government Code (Title 24) regarding the use of water-efficient appliances. In addition to complying with applicable Title 24 provisions, to further reduce water demands and associated energy use, the project implement a Water Conservation Strategy and demonstrate a minimum 20 percent reduction in indoor water usage when compared to baseline water demand (total expected water demand without implementation of the Water Conservation Strategy). Project uses would also be required to implement the following: • Landscaping palette emphasizing drought-tolerant plants consistent with provisions of the State Model Water Efficient Landscape Ordinance and/or City of San Juan Capistrano requirements; • Use of water-efficient irrigation techniques consistent with City of San Juan Capistrano requirements; • U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled or equivalent faucets, high-efficiency toilets (HETs), and other plumbing fixtures. In addition, the City would require the project applicant to pay a Domestic Water Fee, which would further reduce potential impacts related to water supplies. Therefore, the proposed projects impact on water supply is less than significant. Water Treatment Facilities Water treatment facilities serving the City (the GWRP with 6.2 mgd capacity and approximately 4.2 mgd residual capacity, and the Diemer Filtration Plant with 520 mgd capacity) have adequate capacity for proposed project water demands, and project development would not require construction of new or expanded water treatment facilities. Impacts to water treatment facilities would be less than significant. Water Delivery Systems Figure 5.14-2, Preliminary Water Plan, shows the proposed installation of water mains and fire hydrants. The proposed project would connect into the existing water system along Los Rios Street and Paseo Adelanto. Specifically, the project would install an 8-inch water main in River Street that would connect to an existing 8-inch water line in Paseo Adelanto and a 6-inch water line in Los Rios Street. A proposed 8-inch water main would also connect from the proposed River Street water main to the Marketplace building, along the eastern side of the project site in the emergency/fire access drive. ENVIRONMENTAL FINDINGS OF FACT Page 80 of 144 The project proposes two fire hydrants–one on the western boundary along Paseo Adelanto and one at the southeast corner–and two fire hydrant easements at the north and south end of the emergency/fire access drive. The City of San Juan Capistrano has indicated that the City’s existing water system adequately meets the proposed project’s maximum daily demand (42.5 gpm) with installation of the proposed water main (SJC 2018b). A fire flow test was conducted (see Appendix K3), demonstrating that the project had a minimum fire flow of 4,785 gpm at 20 psi, meeting OCFA’s minimum standard of 1,875 gpm at 20 psi, and would meet the State and OCFA’s minimum fire flow requirements. Impacts to the City’s water delivery system would be less than significant. 4. Landfill Capacity and Solid Waste Laws Threshold: Will the Project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Will the Project comply with federal, state, and local statutes and regulations related to solid waste? Finding: Less than significant. (Page 5.14-24 of the DEIR; page 8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.14, Utilities and Service Systems, Impact 5.14-4, page 5.14-23 of the DEIR, and page 8 of the Tech. Memo. Existing and proposed facilities would be able to accommodate project-generated solid waste and comply with solid waste regulations. The type and scale of the Modified Project is smaller than what was analyzed for the DEIR, therefore the analyses and significance conclusions below apply to the Modified Project. Construction The proposed project would include the development and operation of 64,900 square feet of retail and commercial uses. Construction activities would involve demolition of the existing office building and shed associated with the current commercial nursery use resulting in a limited amount of demolition debris during grading and site preparation. Some construction waste would be generated in the form of excess building materials used during the construction phase. No other significant volume of refuse would be generated by construction activities. The proposed project would be required to comply with City of San Juan Capistrano Municipal Code Sections 6-3.08, which requires construction and demolition projects to divert at least 65 percent of construction materials from landfills. Solid waste from construction activities would be accommodated by the County’s existing landfills. Therefore, the proposed project would not have the potential to cause significant impacts related to solid waste generation ENVIRONMENTAL FINDINGS OF FACT Page 81 of 144 during construction, and impacts would be less than significant. Operation Landfill Capacity Solid waste generated by the proposed project would be collected by CR&R and hauled to the Prima Deshecha Landfill, which currently processes an average of approximately 1,336 tons per day, with a maximum capacity of 4,000 tons per day. Therefore, the Prima Deshecha Landfill currently has a residual capacity of 2,664 tons per day and is currently operating at approximately 33.4 percent of its daily design capacity. Project operation is estimated to generate about 671 pounds of per day (0.34 tons per day) of solid waste (Table 5.14-4). Therefore, the total solid waste generated by the project represents 0.01 percent of the Prima Deshecha Landfill’s currently available daily capacity; there is adequate capacity to serve the proposed project. Additionally, CR&R has indicated that it could serve the proposed project with its existing fleet of garbage trucks and would not need to obtain additional trucks to serve the project (Dibley 2018). Impacts would be less than significant. Regulatory Compliance The proposed project would include storage areas for recyclable materials per AB 341, including areas for storing organic matter per AB 1826. At least 50 percent of construction and demolition debris from such projects would be recycled and/or salvaged for reuse per CALGreen Section 5.408. Implementation of the project would comply with regulations governing solid waste disposal and diversion, and impacts would be less than significant. SECTION 3 IMPACTS THAT ARE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED The City Council hereby finds that Mitigation Measures have been identified in the EIR and this Resolution that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts, and the Mitigation Measures that will reduce them to a less than significant level, are as follows: A. AIR QUALITY 1. Air Quality Standards – Construction-related ENVIRONMENTAL FINDINGS OF FACT Page 82 of 144 Threshold: Would the Project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Finding: Less than significant with Mitigation Measures AQ -1 and AQ -2 Incorporated. (Page 5.2-37 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-2, starting on page 5.2-28 of the DEIR, and page 5 of the Tech. Memo. Construction activities associated with the proposed project could generate short- term emissions in exceedance of SCAQMD’S regional construction significance thresholds for VOC and NO X. Construction activities produce combustion emissions from various sources, such as onsite heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Site preparation activities produce fugitive dust emissions (PM10 and PM 2.5 ) from demolition and soil-disturbing activities, such as grading and excavation. Air pollutant emissions from construction activities onsite would vary daily as construction activity levels change. As stated, the proposed project is anticipated to be constructed over an approximately 17-month period from August 2019 through December 2020. Construction air pollutant emissions are based on the preliminary information provided in Table 5.2-8 of the DEIR. Construction would entail demolition of existing asphalt and structures, site preparation and grading, off-site hauling of demolition debris and soil, construction of the proposed buildings and surface parking lot, architectural coating, and asphalt paving. An estimate of maximum daily construction emissions for the proposed project is provided in Table 5.2-9, Maximum Daily Regional Construction Emissions, of the DEIR. VOC and NO X emissions generated from project-related construction activities would exceed the SCAQMD’s regional construction significance threshold. The VOC exceedance would be primarily from architectural coating activities. The NO X exceedance would occur during the overlap of the rough grading and rough grading soil haul activities. Additionally, the overlap of the rough grading soil hauling activities with both the rough grading and utility trenching activities and with the latter alone, would also result in an NOX exceedance. The primary source of VOC is from the application of paints while the primary sources of NO X emissions would be haul trucks associated with soil hauling activities as well as the operation of off-road construction equipment. VOC is a precursor to the formation of O 3 . NO X is a precursor to the formation of both O 3 and particulate matter (PM10 and PM 2.5 ). Project-related emissions of VOC and NO X would contribute to the O 3 , PM 10, and PM 2.5 nonattainment designations of the SoCAB. Therefore, without incorporation of mitigation, project-related construction activities would result in potentially significant regional air quality impacts. ENVIRONMENTAL FINDINGS OF FACT Page 83 of 144 As shown in Table 5.2-12, Maximum Daily Regional Construction Emissions with Mitigation, of the DEIR, with incorporation of Mitigation Measures AQ -1 and AQ-2, construction-related VOC and NOX emissions would be reduced to below the SCAQMD regional significance threshold. Implementation of Mitigation Measure AQ -1 would limit the amount of truck haul trips per day associated with the rough grading soil hauling operations. Mitigation Measure AQ-2 would require the use of interior paints with a maximum VOC content of 50 grams per liter (g/L) or less. Because VOC and NO X emissions would be reduced to below their respective regional significance thresholds, Impact 5.2-2 would be reduced to less than significant. MM AQ-1: The construction contractor shall implement the following measure to reduce construction exhaust emissions during soil hauling activities associated with rough grading: Hauling of soil generated from rough grading activities shall be limited to a maximum of 125 trucks per day (250 one-way haul trips per day if 16-cubic-yard trucks are used) assuming a one-way haul distance of 20 miles. If the one-way truck haul distance for export of soil from site preparation activities is greater than 20 miles, as identified by the contractor(s), hauling shall be restricted to no more than 5,000 miles per day. These requirements shall be noted on all construction management plans and verified by the City of San Juan Capistrano prior to issuance of any construction permits and during the soil disturbing phases. MM AQ-2: During building construction, the construction contractor shall, at minimum, use paints with a maximum volatile organic compound (VOC) content of 50 grams per liter or less for all interior architectural coatings. This requirement shall be noted on all construction management plans verified by the City of San Juan Capistrano prior to issuance of any construction permits and during interior coating activities. Although implementation of the project modifications could adversely impact air quality from construction activities, the type and scale of development does not differ from that analyzed in the River Street Marketplace Project EIR. The decrease in square footage by 5,833 square feet would result in a reduction in construction emissions. The project modifications would result in a slight increase of fill from 19,500 cubic yards (cy) of fill to 20,276 cy of fill and a reduction in cut from 2,684 cy to 647 cy of cut, resulting in an overall reduction of 1,261 cy of earth movement. The reduction in square footage and earth movement would result in slightly less impacts to construction-related air quality and does not change any of the conclusions in the River Street Marketplace Project EIR. The Modified Project would be required to implement Mitigation Measures AQ-1 and AQ-2, as with the Proposed Project, to assure that impacts would be less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 84 of 144 2. Criteria Pollutants – Construction-related Threshold: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Finding: Less than significant with Mitigation Measures AQ -1 and AQ -2 Incorporated. (Page 5.2-37 of the DEIR; page 5 of the Tech. Memo.) Explanation: See section 1. Air Quality Standards – Construction-related, above. 3. Sensitive Receptors – Construction-related Threshold: Would the Project expose sensitive receptors to substantial pollutant concentrations? Finding: Less than significant with Mitigation Measure AQ-3 Incorporated. (Page 5.2-38 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, Impact 5.2-4, starting on page 5.2-31 of the DEIR, and page 5 of the Tech. Memo. Construction activities associated with the proposed project could expose sensitive receptors to substantial pollutant concentrations. The proposed project could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevated levels. Unlike the mass of construction and operations emissions shown in the regional emissions analysis in Tables 5.2-9 and 5.2-10, of the DEIR, which are described in pounds per day, localized concentrations refer to an amount of pollutant in a volume of air (ppm or µg/m3) and can be correlated to potential health effects. Construction-Phase LSTs SCAQMD’s Localized Significance Threshold Methodology (LST) was applied to determine whether the project could result in a potentially significant impact. The LST are designed to screen for potential localized impacts, using them to screen for potential localized impacts from a larger project—i.e., one in which emissions will be dispersed over a larger area—is a conservative approach. The greater the size of a project site, the higher total emissions can be without creating localized impacts. This is reflected in the SCAQMD’s thresholds for both construction and operational impacts, which set forth higher thresholds for larger project sites. (See DEIR, Table 5.2-6; South Coast Air Quality Management District, Localized Significance Threshold Methodology, July 2008.) Thus, as explained in the Draft EIR, the LST can appropriately “be used for ENVIRONMENTAL FINDINGS OF FACT Page 85 of 144 larger projects to determine whether or not dispersion modeling may be required.” (DEIR, p. 5.2-25.) Screening-level LSTs (pounds per day) are the amount of project-related mass emissions generated at which localized concentrations (ppm or µg/m3) could exceed the AAQSs for criteria air pollutants for which the SoCAB is designated nonattainment. The screening-level LSTs are based on the proposed project site size and distance to the nearest sensitive receptor and are based on the California AAQS, which are the most stringent AAQS, established to protect sensitive receptors most susceptible to further respiratory distress. Table 5.2-11, Maximum Daily Onsite Construction Emissions, of the DEIR, shows the maximum daily construction emissions (pounds per day) generated during onsite construction activities at the project site compared with the SCAQMD’s screening-level LSTs thresholds for 1 acre or less and 1.5 acre. Although construction would be limited to occurring only between the hours of 7:00 a.m. and 6:00 p.m. per the City’s Noise Ordinance, construction would actually occur only 8 hours or less per day, and typically cease by 4:00 p.m. each day. Further, the modeled assumption that equipment would operate continuously for 8 hours per day is conservative, because in practice, each piece of equipment would not operate continuously throughout the entire workday, but would instead operate for only portions of the day. Onsite emissions include fugitive dust emissions and exhaust emissions associated with operation of off- road construction equipment in addition to fugitive dust from haul truck loading. As shown in the table, maximum daily construction emissions would exceed the SCAQMD screening-level construction LSTs for PM 10 during the overlap of the asphalt demolition, asphalt demolition debris hauling, and site preparation activities. The primary source of PM 10 would be from fugitive dust emissions associated with the asphalt demolition debris loading and hauling activities. Thus, construction emissions could exceed the California AAQS and could expose sensitive receptors to substantial pollutant concentrations. Therefore, without incorporation of mitigation, the project-related construction activities could result in potentially significance localized construction impacts. Health Risk SCAQMD currently does not require health risk assessments to be conducted for short-term emissions from construction equipment, and OEHHA’s new guidance for the preparation of health risk assessments do not establish short-term acute exposure levels for diesel PM. The proposed project is anticipated to be implemented over an approximately 15-month period, which would limit the exposure of onsite and offsite receptors. In addition, exhaust emissions from the operation of off-road vehicles associated with overall project-related construction activities would not exceed the screening-level LSTs. For these reasons, it is anticipated that construction emissions would not pose a threat to offsite receptors near the project site, and project-related construction health impacts would be less than significant. ENVIRONMENTAL FINDINGS OF FACT Page 86 of 144 As shown in Table 5.2-13, Maximum Daily Onsite Construction Emissions with Mitigation, of the DEIR, with incorporation of Mitigation Measure AQ-3, construction- related PM 10 emissions would be reduced to below the SCAQMD screening-level LST. Implementation of Mitigation Measure AQ-3 would limit the amount of truck hauls per day associated with the asphalt demolition hauling operations. The primary source of PM10 is from fugitive dust emissions associated with asphalt demolition debris loading and hauling activities (see Draft EIR, p. 5.2-32), therefore limiting the amount of asphalt that may be loaded and hauled away on a given day will reduce such emissions, and as shown in Draft EIR Table 5.2-13, it will be reduced to below the LST for all phases of construction. Because PM 10 emissions would be reduced to below the screening-level LST, Impact 5.2-4 would be reduced to less than significant. MM AQ-3: The construction contractor shall implement the following measure to reduce onsite construction-related fugitive dust emissions during asphalt demolition debris hauling activities: Hauling of asphalt demolition debris shall be limited to a maximum of 14 trucks per day (28 one-way haul trips per day) assuming 16- cubic-yard trucks are used. Overall, the amount of asphalt demolition debris material hauled off-site shall be restricted to no more than 283 tons per day. These requirements shall be noted on all construction management plans and verified by the City of San Juan Capistrano prior to issuance of any construction permits and during the asphalt demolition hauling activities. Although implementation of the project modifications could adversely impact air quality from construction activities, the type and scale of development does not differ from that analyzed in the River Street Marketplace Project EIR. The decrease in square footage by 5,833 square feet would result in a reduction in construction emissions. The project modifications would result in a slight increase of fill from 19,500 cubic yards (cy) of fill to 20,276 cy of fill and a reduction in cut from 2,684 cy to 647 cy of cut, resulting in an overall reduction of 1,261 cy of earth movement. The reduction in square footage and earth movement would result in slightly less impacts to construction-related air quality and does not change any of the conclusions in the River Street Marketplace Project EIR. The Modified Project would be required to implement Mitigation Measures AQ-1 through AQ-3, as with the Proposed Project, to assure that impacts would be less than significant. B. BIOLOGICAL RESOURCES 1. Sensitive Species Threshold: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional ENVIRONMENTAL FINDINGS OF FACT Page 87 of 144 plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Finding: Less than significant with Mitigation Measure BIO-1 Incorporated. (Page 5.3-12 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.3, Biological Resources, Impact 5.3-1, starting on page 5.3-8 of the DEIR, and page 5 of the Tech. Memo. The project site is developed, surrounded by urbanized uses, and isolated from areas supporting suitable habitat for wildlife species. Therefore, the project site is not available for overland wildlife movement or migration. However, the project site contains numerous mature trees that could be used for nesting by migratory birds and sensitive bird species. A CNDDB search documented the potential for one sensitive bird species to nest on the project site, Cooper’s hawk (Accipiter cooperi). The species is on CDFW’s Watch List, which is the lowest level of protection. Cooper’s hawk prefers closed canopies of riparian areas, however, they have become relatively common in suburban settings, tolerant of human presence, and may find Coast live oak trees (Quercus agrifolia) suitable nesting habitat. Project construction would involve removal of 34 of the 41 trees mapped onsite, including, 2 Coast Live Oak trees (Quercus agrifolia), 5 California Sycamores (Platanus Racemosa), and 1 Mexican Elderberry (Sambucus Mexicana), all of which are considered California natives. However, the proposed project would preserve seven trees onsite, including one Coast Live Oak tree (Quercus agrifolia), five Jacaranda (Jacaranda mimosifolia) trees, and a cluster of Peruvian Torch Cactus (Echinopsis Peruviana). Tree locations are shown on the tree mitigation plan in Appendix C of this DEIR. Three Coast live oak trees were identified onsite. One at the southwest corner of the site, one in the south-central part of the site, and one in the east-central part of the site. The coast live oak tree in the southwest corner of the site is one of the seven trees that would be preserved. Additionally, the proposed project would plant 158 new trees, including 39 specimen trees (minimum 72-inch box), 83 olive trees (48-inch box minimum), 20 site trees (36-inch box minimum), and 16 citrus trees (24-inch box). Plantings include two species of oaks: Coast live oak and Pasadena oak (Quercus Englemanni). The additional new trees to be planted onsite could be used for nesting migratory birds and the Cooper’s hawk. Long-term impacts would be less than significant after planting of replacement trees. Implementation of the project would result in more trees being located on site as compared to the pre-development status of the site. Future development would also be required to comply with the Migratory Bird Treaty Act (MBTA) (US Code, Title 16, §§ 703–712) and state law (California Fish and Game Code, §§ 3503 et seq.). The MBTA implements the United States’ commitment to four treaties with Canada, Japan, Mexico, and Russia for the protection of shared migratory bird resources. It governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. The USFWS administers ENVIRONMENTAL FINDINGS OF FACT Page 88 of 144 permits to take migratory birds in accordance with the MBTA. Loss of an active nest during construction would result in a significant impact. Mitigation Measure BIO-1 would require that the project applicant demonstrate compliance with the MBTA and submit nesting bird surveys to the City. If active bird nests were found during these surveys, species-specific measures would be identified by a qualified biologist and implemented to prevent abandonment of the active nests. Setback buffers from nesting sites would be maintained so that grading activities avoid bird nesting until young birds have fledged. Implementation of Mitigation Measure BIO-1 would ensure compliance with the MBTA and reduce potential impacts to nesting birds to less than significant. MM BIO-1: Prior to issuance of permits for any construction activity, the project applicant shall demonstrate compliance with the federal MBTA and submit required nesting bird surveys to the City of San Juan Capistrano. If construction is proposed between January 15th to September 1st, a qualified biologist must conduct a nesting bird survey(s) no more than three days prior to initiation of construction activities to document the presence or absence of nesting birds in or adjacent to the project site. The preconstruction survey(s) will focus on identifying any raptors and/or passerines nests that may be directly or indirectly affected by construction activities. Construction outside the nesting season (between September 1st and January 14th) does not require pre-removal nesting bird surveys. Any nest permanently vacated for the season are not protected by the Migratory Bird Treaty Act. If active nests are documented, the following measures are required: • Species-specific measures, based upon the species found during the survey, shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of a nest shall be postponed until the young birds have fledged. A minimum exclusion buffer of 100 feet shall be maintained during construction, depending on the species and location. The perimeter of the nest setback zone shall be fenced or adequately demarcated with stakes and flagging at 20-foot intervals, and construction personnel and activities are restricted from the area. • A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted to the City of San Juan Capistrano prior to initiation of grading in the nest-setback zone. The qualified biologist shall serve as a biological monitor during those periods when construction activities occur near active nest ENVIRONMENTAL FINDINGS OF FACT Page 89 of 144 areas to ensure that no inadvertent impacts on these nests, or any birds dwelling in such nests, shall occur. • A final report of the findings, prepared by a qualified biologist, shall be submitted to the City of San Juan Capistrano prior to construction-related activities that have the potential to disturb any active nests during the nesting season. Biological resource impacts would be similar to that analyzed in the River Street Marketplace Project EIR because the development area would remain the same. The Modified Project would not result in development on previously designated sensitive habitat or areas set aside for preservation. The same mitigation measure (see BIO-1) would be required to reduce impacts from tree removal to less thansignificant. 2. Wildlife Movement Threshold: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Finding: Less than significant with Mitigation Measure BIO-1 Incorporated. (Page 5.3-12 of the DEIR; page 5 of the Tech. Memo.) Explanation: See Section 1. Sensitive Species, above. C. CULTURAL RESOURCES 1. Archaeological Resources Threshold: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Finding: Less than significant with Mitigation Measure CUL-1 Incorporated. (Page 5.4-34 of the DEIR; page 5 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, Impact 5.4-2, starting on page 5.4-28 of the DEIR, and page 5 of the Tech. Memo. City Council Policy 601 defines a Sensitive Area as “an area that is located immediately adjacent to known sites, and/or an area that historic maps or reference materials indicates the presence of possible artifacts.” The results of the cultural and paleontological record searches and literature reviews indicate that there is a high potential for cultural artifacts (both historic and prehistoric) within the project site and surrounding area. The development area is therefore considered a Sensitive Area and must comply with the requirements of City Council Policy 601, including on-site ENVIRONMENTAL FINDINGS OF FACT Page 90 of 144 monitoring and mitigation enforcement and referral to the Cultural Heritage Commission if artifacts are present. Based on the results of the field surveys, literature search, local ethnographic settlement and subsistence patterns, the prehistory and history of the area, the current project’s proximity to San Juan Creek and Trabuco Creek, and the patterns of local historic-era land use; the project is considered sensitive for prehistoric, ethnohistoric, and historic-era cultural resources. The records search determined that the project site is located within River Street (P-30-160122) which is a multicomponent site and is adjacent to the Los Rios Historical District (P-30-160123). It has been documented that Native Americans once resided along Los Rios Street during the Mission period and ground disturbing actives near the site have uncovered both prehistoric and historic habitation debris. As part of the intensive field survey conducted for the cultural resources report (Appendix D1), Cogstone surveyors identified a historical refuse scatter along the eastern boundary of the site adjacent to the Los Rios Historic District and recommended further testing. In accordance with this recommendation, Cogstone conducted an extended phase I testing at the location of the historical refuse scatter on April 24, 2018. The scatter consisted of 2 loci. A total of 7 shovel test pits were excavated (see Figure 4 in Appendix D2), with 3 shovel test pits being placed within Locus 1, and 4 placed within Locus 2. Of the 7 shovel test pits excavated, 6 were positive for cultural materials. Surface artifacts observed consisted entirely of glass shards and ceramic earthenware sherds. Subsurface artifacts were concentrated mainly between 0 and 40 cm in depth and included structural materials, as well as domestic and personal items. Cultural material was most dense at Locus 2, with shovel test pit 4 having the greatest density of those placed within the Locus. Testing found that both surface and subsurface artifactual remains identified appear to have been disturbed by past activities, including the planting and uprooting of trees from the Ito Nursery. Diagnostic artifacts were scarce and suggested a relatively late deposition date range–between 1940 and 1970. The results of the intensive field survey did not identify clearly identifiable strata indicating an intact historically significant deposit within the project site. Instead, artifactual constituents found both on the surface and below grade indicate considerable past impacts to the resource. The in-field assessment found that the refuse scatter does not have the potential to independently meet NRHP or CRHR significance criteria. Based on these findings, no further pre-entitlement archaeological testing was recommended. However, given that the project’s prehistory and history and adjacency to the Los Rios Historic District, the site is considered highly sensitive for cultural resources and there is a potential to encounter buried prehistoric deposits. Impacts to archaeological resources are considered potentially significant, since buried or obscured archaeological resources may be encountered during construction. Implementation of Mitigation Measure CUL-1 would ensure the project applicant and construction contractors are cognizant of potential cultural resources onsite and ENVIRONMENTAL FINDINGS OF FACT Page 91 of 144 have specified procedures to implement to ensure these potentially uncovered resources are not damaged during grading and construction activities. The mitigation measure requires that any archaeological resources encountered during project ground- disturbing activities be preserved and/or recovered, evaluated, and curated, if necessary, by a qualified archaeologist, thus reducing potential impacts associated with archaeological resources to a level that is less than significant. Therefore, no significant unavoidable adverse impacts relating to cultural resources have been identified. MM CUL1: Prior to issuance of any permits allowing ground-disturbing activities for the River Street Marketplace project, the City of San Juan Capistrano shall ensure that an archeologist who meets the Secretary of the Interior’s Standards for professional archaeology has been retained for the project and will monitor all grading and other significant ground-disturbing activities. The Qualified Archaeologist shall ensure that the following measures are followed for the project: • Prior to any ground disturbance, the Qualified Archaeologist, or their designee, shall provide worker environmental awareness protection training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. The training can be in the form of a video or PowerPoint presentation. Printed literature (handouts) can accompany the training and can also be given to new workers and contractors to avoid the necessity of continuous training over the course of the project. • Prior to any ground disturbance, the applicant shall submit a written Project Monitoring Plan (PMP) to the City’s Development Services Director for review and approval. The monitoring plan shall include monitor contact information, specific procedures for field observation, diverting and grading to protect finds, and procedures to be followed in the event of significant finds. • During grading or trenching activities, a Native American monitor provided by the Juaneño Band of Mission Indians– Acjachemen Nation shall observe all grading and trenching activities below the original ground surface. The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during ENVIRONMENTAL FINDINGS OF FACT Page 92 of 144 grading or trenching activities that may be considered sacred or important. • In the event that unanticipated cultural material is encountered during any phase of project construction, all construction work within 50 feet (15 meters) of the find shall cease and the Qualified Archaeologist shall assess the find for importance. Construction activities may continue in other areas. If the discovery is determined to not be important by the Qualified Archaeologist and the Native American monitor, work will be permitted to continue in the area. • If a find is determined to be important, additional investigation may be warranted, or the find can be preserved in place and construction may be allowed to proceed. • Additional investigation work can include scientific recording and excavation of the important portion of the find. • If excavation of a find occurs, the Qualified Archaeologist shall draft a report within 60 days of conclusion of excavation that identifies the find and summarizes the analysis conducted. The completed report shall be approved by the City’s Development Services Director and filed with the County and with the South Central Coastal Information Center at California State University, Fullerton. • Excavated finds shall be curated at a repository determined by the Qualified Archaeologist in consultation with the Native American monitor and approved by the City. Implementation of the Modified Project would cover the same development area and could uncover cultural resources during grading activities. Historical, archaeological, paleontological resource impacts would be the same as those previously analyzed in the EIR and would remain consistent with the Los Rios Specific Plan. Furthermore, existing regulations and standard conditions would be complied with as identified in the River Street Marketplace Project EIR Additionally, upon implementation of mitigation measures (see CUL-1 and CUL-2), impacts would remain less than significant. 2. Paleontological Resources Threshold: Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Finding: Less than significant with Mitigation Measure CUL-2 incorporated. (Page 5.4-35 of the DEIR; page 5 of the Tech. Memo.) ENVIRONMENTAL FINDINGS OF FACT Page 93 of 144 Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, Impact 5.4-3, starting on page 5.4-29 of the DEIR, and page 5 of the Tech. Memo. Certain geologic formations or deposits have higher potential to contain fossils than others. Younger Holocene sediments and artificial fill present at the surface of the project site are assigned a very low paleontological sensitivity. However, the middle to late Quaternary older alluvium in the subsurface, as well as any subsurface Quaternary terrace deposits present, have a moderate but patchy paleontological sensitivity throughout. Based on the on-site soils, construction activities have the potential to encounter paleontonlogical resources at or below a depth of 3 feet from the surface. Planned cut depths are approximately one and a half feet deep in fill for the majority of the project. Utilities will be five feet deep below grade, and the maximum depth of excavation for the basement will be ten feet below grade. Because fossils may be present at depths as shallow as 3 feet below the existing ground surface, construction activities requiring excavations to a depth below the thickness of the younger alluvial sediments may have an adverse impact to paleontological resources. Impacts to paleontological resources are considered potentially significant. Because fossils may be present at depths as shallow as 3 feet below the existing ground surface, paleontological monitoring in these areas and areas where Quaternary older alluvium is encountered is required. The paleontological monitor would ensure that any paleontological finds are properly excavated and preserved and that grading is halted within 50 feet of any discovery. Implementation of Mitigation Measure CUL-2 would reduce potential impacts associated with paleontological resources to a level that is less than significant. Therefore, no significant unavoidable adverse impacts relating to cultural resources have been identified. MM CUL-2: Prior to the issuance of any permits allowing ground-disturbing activities for the River Street Marketplace project, the City of San Juan Capistrano shall ensure that a paleontological monitor has been retained for the project. The paleontologist shall prepare a paleontological monitoring program. All grading and other significant ground-disturbing activities more than 3 feet below the ground surface will be monitored by a paleontological monitor. If any evidence of paleontological resources is discovered, the following measures shall be taken: • All below-grade work shall stop within a 50-foot radius of the discovery. Work shall not continue until the discovery has been evaluated by a qualified paleontologist. • A qualified paleontologist in coordination with the City shall assess the find(s) and determine if they are scientifically important. If the find(s) are of value then: ENVIRONMENTAL FINDINGS OF FACT Page 94 of 144 • Scientifically important fossils shall be prepared by the paleontologist and/or his/her designee(s) to the point of identification, identified to the lowest taxonomic level possible, and curated in a museum repository with permanent, retrievable storage. • Significant paleontological resources found shall be preserved as determined necessary by the paleontological monitor. • Excavated finds shall be offered to the Los Angeles County Museum of Natural History or its designee for curation on a first-refusal basis. After which, finds shall be offered to an accredited and permanent scientific institution for the benefit of current and future generations. • Within 60 days of completion of the end of earth-moving activities, the paleontologist shall draft a report summarizing the finds and shall include the inspection period, an analysis of any resources found, and the present repository of the items. • The paleontologist’s report shall be approved by the City. Any resulting reports shall also be filed with the permanent scientific institution where the resources are curated. Implementation of the Modified Project would cover the same development area and could uncover cultural resources during grading activities. Historical, archaeological, paleontological resource impacts would be the same as those previously analyzed in the EIR and would remain consistent with the Los Rios Specific Plan. Furthermore, existing regulations and standard conditions would be complied with as identified in the River Street Marketplace Project EIR Additionally, upon implementation of mitigation measures (see CUL-1 and CUL-2), impacts would remain less than significant D. TRANSPORTATION / TRAFFIC 1. Plans, Policies, and Ordinances – Construction-related Threshold: Would the Project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation n including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ENVIRONMENTAL FINDINGS OF FACT Page 95 of 144 Finding: Less than significant with Mitigation Measure TR-1 incorporated. (Page 5.12-78 of the DEIR; pages 7-8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impact 5.12-3, starting on page 5.12-64 of the DEIR, and pages 7-8 of the Tech. Memo. Project-related construction traffic would not exceed traffic threshold volumes; however, construction could result in temporary and short-term traffic detours and disruptions. It is anticipated that construction activities will include demolition/site preparation, grading/trenching, building construction, and asphalt paving/architectural coatings. As described, the TIA evaluated project-related construction traffic impacts using the construction phases that would generate the highest construction trips. The rough grading and haul phase is anticipated to result in the highest trip generation potential when compared to the remaining phases and thus has been selected for analysis. During the worst case construction phase–rough grading and haul phase, the proposed project would generate 8 worker passenger vehicles, 2 vendor passenger vehicles, and 250 one-way truck trips per day, resulting in 760 daily truck trips with 72 truck trips forecasted during the AM peak hour (38 inbound and 34 outbound) during the rough grading and haul phase. Project construction-related traffic is less than the net proposed project traffic at buildout. As determined under Impact 5.12-1, the proposed project would not result in significant traffic impacts or exceed LOS for any of the for three scenarios analyzed: (1) Existing Plus Project; (2) Existing Plus Project Plus Cumulative (Year 2020); and (3) General Plan Buildout. Since the construction phase would result in less trips than the buildout phase, impacts resulting from construction traffic would be less than significant. Project Construction Management Plan Criteria Project construction related trips associated with trucks and employees traveling to and from the project site in the morning and afternoon during project construction activities may result in some minor traffic delays. It is anticipated that a majority of the construction-related traffic will utilize Ortega Highway and the I-5 Freeway to gain regional access to the project site. Temporary and short-term traffic detours and traffic disruptions could result during project construction activities including implementation of access and circulation improvements noted above. Accordingly, the project applicant would be responsible for the preparation and submittal of a construction area traffic management plan (see Section 2.2.16, Construction Traffic Management Plan, of the Specific Plan Amendment). Potential traffic interference caused by construction vehicles may create a temporary/short-term impact to vehicles using the street system in the immediate area in the morning and afternoon hours. The TIA includes further recommendations to ENVIRONMENTAL FINDINGS OF FACT Page 96 of 144 incorporate in the Construction Traffic Management Plan to minimize temporary traffic impacts on the local circulation system. Mitigation Measure TR-1 would ensure that a construction traffic management plan is in place to eliminate the potential for conflicts related to construction equipment, haul trips, and worker trips. The measure details the requirements of the plan to be submitted to the City prior to the approval of grading permits and includes a number of specific design requirements that will eliminate the potential for conflicts related to construction equipment haul trips, and worker trips. Compliance with the construction traffic management plan would ensure that temporary construction related traffic impacts would be less than significant. MM TR-1: Prior to the issuance of grading permits, the project applicant shall prepare a Construction Traffic Management Plan in coordination with the City of San Juan Capistrano City Traffic Engineer. The Plan, at a minimum, shall include the following: • Ingress and egress for the construction traffic would be via Driveway 1 located along Paseo Adelanto with a flagman to provide ingress/egress from the project site to Del Obispo Street. • Restrict construction traffic on all local collector streets. • Traffic control for any street closure, detour or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e. lumber, tiles piping, windows, etc.), to access the site, traffic controls and detours and proposed construction phasing plan for the project. • Identify parking needs and parking areas for construction related equipment and workman support. • Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. • Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked or blown onto adjacent streets or areas. ENVIRONMENTAL FINDINGS OF FACT Page 97 of 144 • Hauling or transport of oversize loads will be allowed between the hours of 8:30 AM and 2:30 PM only, Monday through Friday, unless approved otherwise by the City Engineer. Hauling or transport may be permitted/required during nighttime hours, weekends or Federal holidays, at the discretion of the City Engineer. An approved Haul Route Permit will be required from the City. • Haul trucks entering or exiting public streets shall at all times yield to public traffic. • If hauling operations cause any damage to existing pavement, street, curb and/or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. • All constructed-related parking and staging of vehicles will be kept out of the adjacent public roadways and parking lots and will occur on-site. • This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of San Juan Capistrano requirements. Revised trip generation based on trip modifications would be less than that identified in the EIR. The DEIR forecast that the project would generate 2,711 daily trips (one half arriving and one half departing), with 152 trips (92 inbounds, 60 outbound) in the AM peak hour and 176 trips (106 inbound, 70 outbound) in the PM peak hour. The Modified Project trip generation would be lower than the trip generation analyzed in the Traffic Impact Analysis for the EIR with 2,382 daily trips, of which 132 would occur in the AM peak hour and 150 would occur in the PM peak hour. This would result in a reduction of 329 daily trips, 20 AM peak hour and 25 PM peak hour trips compared to the project analyzed in the Traffic Study. Furthermore, the project would still have to comply with applicable regulations pertaining to transportation. Additionally, mitigation identified in the EIR (see TR-1 and TR-2) would also be implemented. Thus, impacts would be less than significant with the incorporation of mitigation. 2. Design Feature Hazards Threshold: Does the Project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Finding: Less than significant with Mitigation Measure TR-2 incorporated (Page 5.12-68 of the DEIR; pages 7-8 of the Tech. Memo.) ENVIRONMENTAL FINDINGS OF FACT Page 98 of 144 Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.12, Transportation and Traffic, Impact 5.12-5, starting on page 5.12-67 of the DEIR, and pages 7-8 of the Tech. Memo. Project on-site circulation improvements have been designed to adequately address potentially hazardous geometric conditions (sharp curves, etc.), potential conflicting uses, evacuation routes, and emergency access. Left-turn storage at Paseo Adelanto and Del Obispo is inadequate under General Plan Buildout conditions. The TIA evaluated the proposed site plan and circulation system to evaluate vehicle- pedestrian conflicts, the potential for hazardous geometric conditions, and adequate emergency access. Conflicts have the potential to occur if: 1) there is inadequate site access; 2) the driveway throat lengths are not adequate to provide access to parking spaces or would create vehicle stacking/queuing, 3) there is inadequate turning radii for passenger vehicles, delivery/service/trash trucks, or fire trucks; or 4) there is inadequate sight distance. On-Site Circulation As discussed in Chapter 3, Project Description, and Figure 3-4, of the DEIR vehicular access for the project site would be provided via a full-access (all turning movements permitted) unsignalized driveway off Paseo Adelanto. A smaller, secondary full-access unsignalized driveway would be provided off Los Rios Street. Restricted, emergency-only access would be provided along the eastern boundary of the site, via gated entries from both River Street and from the southern parking pool. To ensure that patrons and delivery vehicles cannot access this road, a Knox Box or similar locking device would give fire personnel exclusive access. The internal drive aisles for the parking areas would be paved with decorative aggregate of a sand/limestone color. Site Access Intersection LOS at the two project driveways were evaluated for Existing Plus Project, Existing Plus Project Plus Cumulative (Year 2020), and General Plan Buildout traffic conditions using HCM methodology. As shown in Table 15-1 of the TIA (Appendix J1 of the DEIR), both project driveways are forecast to operate at acceptable, LOS “A” during the AM and PM peak hours under all three scenarios. No impact related to site access would occur. ENVIRONMENTAL FINDINGS OF FACT Page 99 of 144 Stacking/Queuing/Sight Distance Based on LLG’s review of the proposed site plan, the overall layout does not create significant vehicle-pedestrian conflict points and the driveway throat lengths are sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Based on a review of the site plan, the alignment, spacing and throat length of the project driveways are also deemed adequate as they do now and/or will align to logical connection points on the street system. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. The proposed throat lengths at the project driveways are sufficient for storing potential queuing vehicles. As such, motorists entering and exiting the project site from these driveways will be able to do so comfortably, safely, and without undue congestion. No impact related to vehicle-pedestrian conflicts would occur. Turning Radii The on-site circulation layout was evaluated based on Turning Vehicle Templates, developed by Jack E. Leisch & Associates and AutoTURN for AutoCAD computer software that simulates turning maneuvers for various types of vehicles. The turning templates were utilized to ensure that small service/delivery trucks (i.e., UPS, FedEx, and trash trucks), fire trucks and passenger vehicles could properly access and circulate through the project site. A trash truck turning template and fire truck turning template was utilized in this evaluation. Curb return radii within the project site have been confirmed and are adequate for passenger cars, service/delivery trucks and trash trucks as well as a tour bus. No hazards or vehicle-pedestrian conflicts would occur. Figures 5.12-8 and 5.12-9 present the turning movements required of a trash truck and a fire truck to circulate throughout the project site, respectively. The curb return radii are adequate for trash trucks and fire trucks, and the design of the entry/exit points of the project driveways are adequate for expected traffic volumes. The on-site circulation would not restrict emergency access; no impact would occur. Off-Site Circulation A queuing evaluation was conducted for future conditions (General Plan Buildout) to address stacking/storage concerns at the intersection of Paseo Adelanto at Del Obispo Street. The queuing analysis was based on the Average Queue methodology, which calculates the average queue value in terms of number of vehicles per lane. For the purposes of this traffic analysis, the minimum storage requirement for left-turn lanes and right-turn lanes was calculated by taking 1.5 time the average queue length and multiplying it by an average car length of 25 feet. Two approaches/turning movements of the intersection of Paseo Adelanto and Del Obispo were evaluated: • The southbound approach of the intersection was evaluated to ensure that adequate storage is provided for the existing southbound left-turn lane and ENVIRONMENTAL FINDINGS OF FACT Page 100 of 144 shared through/right-turn lane and that vehicles will not queue beyond the proposed project driveway along Paseo Adelanto. • The stacking/storage requirement for the existing single eastbound left-turn lane at the intersection was evaluated to ensure that vehicles will not queue back into the through lanes along Del Obispo Street and inhibit through traffic flow. Table 5.12-24 of the DEIR summarizes the results of the queuing analysis at the intersection of Paseo Adelanto and Del Obispo Street for existing intersection lane configurations and traffic signal operations under General Plan Buildout traffic conditions. Under current intersection configurations, adequate storage is provided for the southbound approach on Paseo Adelanto. However, forecast vehicular queues in the existing single eastbound left-turn lane storage is anticipated to be inadequate under General Plan Buildout traffic conditions in the PM peak hour. This is a significant impact. Mitigation Measure TR-2 would require improvements to Paseo Adelanto and Del Obispo Street, which would enhance vehicular stacking for the eastbound-left turn movement providing ingress to the project site, and ensuring that adequate storage is provided for the southbound approach and vehicles will not queue beyond the project driveway along Paseo Adelanto. Table 5.12-25 of the DEIR shows the stacking/queuing distance with implementation of Mitigation Measure TR-2. Appendix M of the TIA (Appendix J1 of the DEIR) contains the queuing calculation worksheets for Paseo Adelanto at Del Obispo Street for the AM and PM peak hours for General Plan Buildout Traffic conditions. As shown, implementation of Mitigation Measure TR-2 would ensure adequate storage will be provided for the proposed southbound shared left/through/right-turn lane and proposed dual eastbound left-turn lanes at Paseo Adelanto and Del Obispo Street based on the existing and proposed left-turn pocket lengths. Therefore, impacts to through traffic on Paseo Adelanto and Del Obispo Street would be less than significant. The anticipated queue along the southbound approach on Paseo Adelanto is not expected to block access to and from the site at the project driveway, and impacts would be less than significant. MM TR-2: Prior to the issuance of occupancy permits, the project applicant shall implement the following improvement to the Paseo Adelanto and Del Obispo Street intersection: • Restripe the southbound approach on Paseo Adelanto to provide a southbound (outbound) 18-foot shared left/through/right-turn lane and two (2) departure (inbound) lanes (one 12-foot lane and one 10-foot lane); and • Restripe the eastbound approach on Del Obispo Street to provide dual eastbound left-turn lanes with a minimum storage of 70-feet each lane and a 50-foot transition. ENVIRONMENTAL FINDINGS OF FACT Page 101 of 144 In order to accommodate the recommended dual eastbound left- turn lanes on Del Obispo Street via the provision of two (departure) northbound receiving lanes on Paseo Adelanto, the one of two options shall be implemented: • Option 1: Eliminate the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto, and sign and stripe the curb lane as a right-turn lane into the project driveway. • Option 2: Widen the street along the west side of Paseo Adelanto, as necessary, and sign and stripe the curb lane as a right-turn lane into the project driveway to maintain the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto and/or existing lane configuration on the southbound approach of Paseo Adelanto at Del Obispo Street. Any additional right-of-way within the Orange County Flood Control parcel required to implement this improvement option, beyond that already proposed to construct a traffic circle at Paseo Adelanto and River Street, will require the project applicant to obtain approval from the Orange County Flood Control District. Re-striping of the Del Obispo Street at Paseo Adelanto intersection and improvements to Paseo Adelanto are subject to review and approval of the City of San Juan Capistrano Public Works/Engineering Department. E. TRIBAL CULTURAL RESOURCES 1. Tribal Cultural Resources Threshold: Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: - Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or - A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1? ENVIRONMENTAL FINDINGS OF FACT Page 102 of 144 Finding: Less than significant with Mitigation Measure CUL-1 incorporated (Page 5.13-11 of the DEIR; page 8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.13, Tribal Cultural Resources, Impact 5.13-1, starting on page 5.13-6 of the DEIR, and page 8 of the Tech. Memo. Grading activities associated with the proposed project have the potential to encounter tribal cultural resources. In accordance with AB 52 and SB 18 requirements, NAHC provided a list of tribal representatives who may have knowledge of tribal cultural resources in the project area. The City sent invitation letters to representatives of the Native American contacts provided by the NAHC on January 19, 2017, formally inviting tribes to consult with the City on the proposed project. The intent of the consultations was to provide an opportunity for interested Native American contacts to work together with the City during the project planning process to identify and protect tribal cultural resources. Letters were sent to 11 Tribes. Two Tribes responded to the City’s request for consultation–Agua Caliente Band of Cahuilla Indians and Juaneño Band of Mission Indians–Acjachemen Nation. • Agua Caliente Band of Cahuilla Indians: Deferred input to the local tribe. • Juaneño Band of Mission Indians–Acjachemen Nation: Requested formal consultation with the City. Joyce Perry, Tribal Manager of Juaneño Band of Mission Indians–Acjachemen Nation met with the City on February 13, 2017. Ms. Perry provided an oral history of the site and indicated that the site is historically and culturally sensitive. Ms. Perry inquired as to who lived on the nursery property and whether the artifact collection from the nursery will go to the Historic Society. She stated her desire that the development be environmentally responsible and that conditions need to be placed on the project requiring archaeological and Native American monitoring. Ms. Perry requested a copy of the sacred lands file when it became available. Following consultation with the City, Cogstone provided Ms. Perry with the data previously requested–the sacred lands file and the cultural and paleontological assessment. Ms. Perry also provided a Native American monitor during the XPI investigations (see Appendix D2). She indicated that that Native American monitoring should occur during construction for development of the project. Joyce Perry, Tribal Manager of the Juaneño Band of Mission Indians– Acjachemen Nation identified that there are tribal cultural resources in the vicinity of the project site, and that there is a potential to encounter buried prehistoric deposits on the project site. Buried or obscured archaeological resources may be encountered during construction, and development of the project site through grading and excavation activities could impact previously undisturbed prehistoric archaeological resources. Impacts to tribal cultural resources are potentially significant. Implementation of Mitigation Measure CUL-1, identified above and incorporated herein, would ensure the project applicant and construction contractors are cognizant of ENVIRONMENTAL FINDINGS OF FACT Page 103 of 144 potential tribal cultural resources onsite and have specified procedures to implement to ensure these potentially uncovered resources are not damaged during grading and construction activities. The mitigation measure requires that any archaeological resources encountered during project ground-disturbing activities be recovered, evaluated and curated, if necessary, by a qualified archaeologist, thus reducing potential impacts associated with tribal cultural resources to a level that is less than significant. Tribal cultural resources impacts to landscapes, sacred places, or objects with cultural value to a California Native American tribe would be the same for the Modified Project, as those previously analyzed in the EIR. As part of the project modifications, no development would occur in areas that were not previously analyzed in the EIR. Mitigation measures required to protect resources would remain the same (see CUL-1).Therefore, no significant unavoidable adverse impacts relating to tribal cultural resources have been identified. F. UTILITIES AND SERVICE SYSTEMS 1. New Wastewater Treatment Facilities Threshold: Does the Project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Finding: Less than significant with Mitigation Measure USS-1 incorporated. (Page 5.14-9 of the DEIR; page 8 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.14, Utilities and Service Systems, Impact 5.14-1, starting on page 5.14-3 of the DEIR, page 8 of the Tech. Memo. Project-generated wastewater would require an upgrade to the existing sewer system. Tetra Tech conducted hydraulic modeling to determine the impact of wastewater flows generated by the proposed project on the City’s sewer collection system. Tetra Tech was provided with information from Valley Civil Design Group, a preliminary utility plan, the proposed manhole tie in point, and anticipated wastewater flow data. The proposed project is estimated to generate an average flow of 23,700 gpd and peak flow of 81,823 gpd of wastewater. A City sewer is considered to be hydraulically deficient if it exceeds the maximum depth to diameter (d/D) ratio established in the City’s 2004 Master Plan criteria. For pipes 12 inches and less, the d/D ratio for the dry weather design flow should not exceed 0.5, and for pipes 15 inches and larger, the maximum ratio is 0.75. For wet weather flows, the maximum sewer capacity is a d/D ratio less than or equal to 1.0 (e.g., depth of 8 inches for an 8-inch diameter sewer). Note that wet weather flow is the rain water that enters the sewer from a 4-year storm event. The capacity and hydraulic conditions in the existing 8-inch sewer line ENVIRONMENTAL FINDINGS OF FACT Page 104 of 144 immediately downstream of the flow input along Paseo Adelanto, Del Obispo Street and for the remainder of the trunk line along San Juan Creek were evaluated. Average and peak flows as well as d/D ratios for both dry weather and wet weather conditions were also reviewed. Hydraulic model results were determined for three locations (see Tables 1 and 2 of Appendix K1 of the DEIR): • 8-inch sewer line segment immediately downstream of the manhole connection point • 8-inch sewer on Camino Capistrano at the junction of the 8-inch sewer from Del Obispo Street • 24-inch sewer trunk line as the last City segment running parallel to San Juan Creek For the 8-inch sewer lines immediately downstream of the flow connection point, the d/D ratio will increase by about 0.15 for the current and master plan peak daily dry weather flow conditions and would not result in a significant impact on the sewer system. Pipe segment D15704, (between manholes D10135 and D11155), which is the 8- inch sewer line that combines flows from Camino Capistrano and Del Obispo Street was identified in the 2004 Sewer Master Plan as having exceeded the d/D ratio of 0.5 for peak dry weather flows. The proposed project will result in an increase in the d/D ratio in peak flow from 0.70 to 0.76 and average flows would result in a d/D ratio increase from 0.44 of 0.48 for this segment. Therefore, flows from the proposed project would exceed the peak hour flow d/D ratio for this segment, which requires upsizing this segment of sewer line from 8 inch to 12 inch pipe. This pipe segment is approximately 160 feet length along Los Rios Street from Del Obispo Street to the project site’s southern boundary. Since this line is inadequate for the current flows, it must be increased in size before any additional development loading is placed on it. This pipe segment was not included in the original hydraulic system improvements in the 2004 Master Plan. The remainder of the City’s downstream trunk sewer line did not indicate any deficiencies with either the pipe capacity or the d/D ratio. Implementation of Mitigation Measure USS-1 would replace pipe segment D15704, between manholes D10135 and D11155, with a 12-inch diameter pipe. Upsizing this segment would decrease the d/D ratio for peak flows from 0.76 to 0.38, which would ensure that the sewer system would adequately convey wastewater from the proposed project. Therefore, no significant unavoidable adverse impacts relating to wastewater would occur. MM USS-1: Prior to issuance of building permits, the project applicant shall upsize pipe segment D15704 between manhole D10135 on Los Rios Street and manhole D11155 on Del Obispo, from 8 inch to 12 inch diameter pipe. Prior to upsizing the line, the project applicant ENVIRONMENTAL FINDINGS OF FACT Page 105 of 144 and the City shall enter into a development reimbursement agreement for said improvements such that the applicant will be reimbursed for costs incurred in exceedance of its fair share contribution. The type and scale of the Modified Project is smaller than what was analyzed for the River Street Marketplace Project EIR. Furthermore, the project would still be required to comply with applicable regulations. Additionally, mitigation identified in the EIR (see Mitigation Measure USS-1) would also be implemented to assure that impacts would remain less than significant. SECTION 4 IMPACTS THAN CANNOT BE FULLY MITIGATED AND REMAIN SIGNIFICANT AND UNAVOIDABLE The City Council hereby finds that, despite the incorporation of all feasible Mitigation Measures identified in the EIR and in this Resolution, the following environmental impacts cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein: A. NOISE 1. Noise Standards – Construction-related and Temporary Increase in Ambient Noise Threshold: Would the Project result in the exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Would the Project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Finding: Significant and Unavoidable. (Page 5.10-27; page 7 of the Tech. Memo.) Explanation: Support for this environmental impact conclusion is fully discussed in Section 5.10, Noise, Impact 5.10-1, starting on page 5.10-14 of the DEIR, and page 7 of the Tech. Memo. The proposed project includes demolition of existing buildings and structures and removal of various landscape and hardscape improvements associated with the commercial nursery that currently operates at the site. Development of the proposed project includes site work and construction of commercial and office space in multiple buildings. Total project construction is expected to take approximately 17 months. ENVIRONMENTAL FINDINGS OF FACT Page 106 of 144 As significant construction noise impact would occur if noise levels exceed 85 dBA Leq or 105 dBA Lmax at residential receptors near the project site. Existing land uses surrounding the project site would be exposed to temporary construction noise. Two types of short-term noise impacts could occur during construction: (1) mobile- source noise from transport of workers, material deliveries, and debris and soil haul and (2) stationary-source noise from use of construction equipment; discussed separately below. Construction Vehicles The transport of workers and equipment to the construction site would incrementally increase noise levels along site access roadways. Delivery and haul trucks would access the site along Paseo Adelanto via Del Obispo Street. (Paseo Adelanto is a minor roadway with low traffic volume; there are no receptors along Paseo Adelanto that would be affected by project-related construction traffic.) The highest construction-related traffic increases would occur during the rough- grading / soil-haul phase, which is expected to last approximately six days and would generate approximately 22 truck trips per day. This increase would be negligible compared to the existing vehicle flows along Del Obispo Street, which has average daily traffic of approximately 33,343 (LLG 2018). Construction vehicles would produce less than a 0.1 dB noise increase in the daily traffic-generated noise levels, which would be inaudible at sensitive receptors and therefore would have a less than significant impact. Individual construction vehicle pass-bys may create perceptible noise increases on residential uses along roadways, and momentary noise levels of up to 85 dBA (Lmax) at 50 feet from the vehicle may be experienced along haul routes. However, these truck trips would be spread throughout the daytime hours (and only during the allowable work periods), would generally be infrequent, and would be short-lived (i.e., a few seconds for each pass-by). Therefore, because these vehicle pass-by events would be sporadic and short-term and would occur during weekday daytime hours (i.e., the least sensitive hours during the day), noise impacts from construction-related truck traffic would not significantly affect the traffic noise environment at noise-sensitive receptors along the construction haul routes (either in terms of hourly Leq levels or daily CNEL levels). Thus, noise impacts from construction vehicles would be less than significant. Construction Equipment Noise generated by onsite construction equipment is based on the type of equipment used, its location relative to sensitive receptors, and the timing and duration of noise-generating activities. Each stage of construction involves different kinds of equipment and has distinct noise characteristics. Noise levels from construction activities are typically dominated by the loudest piece of equipment. The dominant equipment noise source is the engine, although work-piece noise (such as dropping of materials) can also be noticeable. ENVIRONMENTAL FINDINGS OF FACT Page 107 of 144 The noise produced at each construction stage is determined by combining the Leq contributions from each equipment item used at a given time, while accounting for the ongoing time-variations of noise emissions (commonly referred to as the usage factor). Heavy equipment, such as a dozer or loader, can have maximum, short-duration noise levels in excess of 80 to 85 dBA at 50 feet. However, overall noise emissions vary considerably depending on the specific activity performed at any given moment. Noise attenuation due to distance, the number and type of equipment, and the load and power requirements to accomplish tasks at each construction phase would result in different noise levels at a given sensitive receptor. Since noise from construction equipment is intermittent and diminishes at a rate of at least 6 dB per doubling distance (conservatively ignoring other attenuation effects from air absorption, ground effects, and/or shielding/scattering effects), the average noise levels at noise-sensitive receptors could vary considerably, because mobile construction equipment would move around the site with different loads and power requirements. Construction activities associated with the proposed project would include equipment such as loaders/backhoes, paving equipment, excavators, rubber-tired dozers, graders, concrete saws, forklifts, rollers, concrete trucks, air compressors, and a crane (see Table 3-3). Individual construction activities such as demolition, site preparation, and grading usually generate the highest noise levels since they involve the largest and most powerful equipment. However, the loudest periods during project construction would be the periods when multiple construction activities are concurrent. For example, there is expected to be a brief period when building demolition, site preparation, and rough grading occur at the same time (see Table 3-3). Though building demolition is estimated to last approximately six days, this worst-case overlap period would last approximately two days. To accurately represent the loudest and most intrusive periods, this construction noise analysis presents the worst-case overlap periods in addition to the longest-duration construction activities (e.g., the building construction phase by itself is expected to generate relatively low levels of construction noise, but it would last for over a year and therefore is expected to be intrusive to nearby receptors). Individual construction activities not included in Table 5.10-5 would generally last longer than the worst-case overlap periods, but would generate markedly less noise. Total project construction is expected to take approximately 17 months. Using information provided by the applicant and methodologies and inputs employed in the air quality assessment, the expected construction equipment mix was estimated and categorized by the most intrusive periods of construction. The sensitive receptors surrounding the proposed project site consist of residential and commercial uses. Noise levels from project-related construction activities were calculated from the simultaneous use of all applicable construction equipment at spatially averaged distances (i.e., from the center of the proposed construction activities) to the property line of the nearest receptors. Although construction may occur across the entire project site, the area around the center best represents the potential average construction-related noise levels at the various sensitive receptors. The associated, aggregate sound levels (in the energy-average, Leq noise level metric) ENVIRONMENTAL FINDINGS OF FACT Page 108 of 144 during the most intrusive periods of construction are summarized in Table 5.10-7 of the DEIR. Construction activities would increase noise levels at and near the proposed area of improvements. As described above, the daytime ambient noise level around the proposed project site (represented by the short-term measurements ) is in the range of 59 to 60 dBA Leq. Due to proximity, the highest expected construction-related noise levels—up to approximately 79 dBA Leq—would be at the residential receptors to the east. This result would exceed the impact threshold of 55 dBA Leq described above. The nearest measurement location, ST-4, recorded an ambient noise level of 59 dBA Leq. Thus, short-term and intermittent noise levels could increase by up to 20 dB (in the A-weighted Leq metric) during the loudest periods of construction at the residences along Los Rios Street, depending on equipment location, power level, and activity duration. For individual equipment items that could be used very near a project site boundary, construction activity noise levels could potentially be higher than the values in the table and could exceed an increase of 20 dB above average levels. It should be noted that the residences to the east (near location ST-4) experience regular train noise events of up to 77 dBA Leq, and construction noise levels would therefore be comparable to the levels that are experienced on a daily basis from train pass-by events. Nonetheless, although all construction would occur during the City of San Juan Capistrano’s allowable hours of construction and although project-related construction activities are exempt from the provisions of the municipal code, the duration of overall construction activities and daily occurrences of elevated noise levels from these activities could result in notable construction noise annoyance at the nearest residential receptors. It is also possible that close-proximity activities could result in sporadic substantial increases in noise volumes. Construction noise impacts at the nearest receivers would be potentially significant. Construction activities are expected to occur over approximately 17 months and would result in temporary noise increases in the vicinity of the proposed project. The highest expected construction-related noise levels would be up to approximately 79 dBA Leq at residential receptors to the east. For individual equipment items that could be used very near a project site boundary, construction activity noise levels could be potentially higher and exceed an increase of 20 dB above average levels. The mitigation measure identified above would reduce potential impacts associated with construction noise to the extent feasible. The temporary noise barrier/curtain between residential receptors can conservatively provide noise level reduction of 5 dBA. Therefore, even with the incorporation of best management practices and a temporary noise barrier required by Mitigation Measure N-1, construction related noise levels could be approximately 75 dBA Leq. This would result in a substantial increase in noise levels above ambient conditions. Although construction-related noise impacts are temporary and would occur during the least noise-sensitive portion of the day, the proposed project would exceed the 55 dBA Leq speech interference threshold and would result in a significant unavoidable adverse impact. ENVIRONMENTAL FINDINGS OF FACT Page 109 of 144 MM N-1: Prior to the issuance of demolition, grading, and/or building permits, a construction noise mitigation plan shall be prepared, reviewed, and approved by the City of San Juan Capistrano Director of Development Services and shall be noted on plans. The project applicant shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: • Construction activity is limited to the daytime hours between 7 AM and 6 PM (Monday through Friday) or between 8:30 AM and 4:30 PM (Saturdays) or at no time on Sundays or national holidays, as prescribed in the Municipal Code. • At least 30 days prior to commencement of demolition, notification of planned construction activities and scheduling shall be given to all residents or commercial entities adjacent to the project site. The notification shall include a brief description of the project, the activities that would occur, and the durations/hours of construction. The notification shall also include the phone number of the construction superintendent. If the superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action to the reporting party and the City of San Juan Capistrano Director of Development Services. • A sign shall be posted on construction-zone fencing that is clearly visible to site passers-by and that includes a contact name and telephone number of the construction superintendent. If the superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action to the reporting party and the City of San Juan Capistrano Director of Development Services. • Erect a temporary noise barrier/curtain between residential receptors that (a) share a boundary with the project site and any project construction zones within 100 feet of the shared boundary and (b) when such a nearby construction zone will use any equipment items rated at 60 dBA or above per FTA Manual Table 12-1. The sound barrier shall be free of gaps and holes and must achieve a Sound Transmission Class (STC) of 35 or greater. The barrier can be (a) a ¾-inch-thick plywood wall or (b) a hanging blanket/curtain with a surface density or at least 2 pounds per square foot. For either configuration, the construction side of the barrier shall have ENVIRONMENTAL FINDINGS OF FACT Page 110 of 144 an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC) rating of at least 0.7. • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers, air intake silencers, and engine shrouds that are no less effective than as originally equipped by the manufacturer. • Stationary construction equipment and material delivery (loading/unloading) areas shall be located as far as practicable from the residences. • Material stockpiling, staging of equipment and construction trailers/offices shall be located as far as feasible from the residences. • Unnecessary engine idling shall be curtailed to no more than 10 minutes, to the extent feasible. • “Smart” back-up alarms, which automatically adjust the alarm level based on the background noise level, shall be employed on all trucks and construction vehicles or back-up alarms shall be disabled and replaced with human spotters. • The use of public address systems shall be limited to the extent feasible. • Grade-surface irregularities on the construction sites shall be minimized to the extent feasible. • Construction traffic shall be limited to the haul routes established by the City. The Modified Project would still generate construction-related and operational noise. The highest expected construction-related noise level described in the DEIR is up to approximately 79 dBa Leq at residential receptors to the east. The Modified Project would result in similar peak construction-related noise levels. Reduction in building development intensity would incrementally reduce the length of project-related construction noise impacts, but not peak construction noise volumes. Due to the peak construction noise volumes and distance to sensitive activities, the Modified Project would slightly lessen the impacts described in the DEIR, but tese impacts would nonetheless remain significant and unavoidable. ENVIRONMENTAL FINDINGS OF FACT Page 111 of 144 SECTION 5 CUMULATIVE IMPACTS The City hereby finds as follows: Aesthetics Aesthetic/Visual Character Aesthetic impacts are localized to the project site and its immediate surroundings. No development or redevelopment projects are approved, planned, or anticipated for the general vicinity of the project site in the near future. Additionally, of the 20 “related projects” contemplated by the traffic impact analysis (see Appendix J1 of the DEIR) and shown on Figure 4-1, none are close enough to the project site to create cumulative impacts when combined with the proposed project. Furthermore, the parcels adjacent to and surrounding the project site are largely built out, are generally small in size, and in many cases contain buildings with historical significance. For these reasons, it is unlikely that they will be redeveloped with more intense development in the near future or that a cumulative shift in neighborhood character would occur. In consideration of these factors, the project’s contribution to cumulative aesthetic impacts is less than considerable and, therefore, less than cumulatively significant. Shade and Shadow The relative effects of shading from structures are site specific. As concluded above, shade/shadow impacts of the proposed project would not be significant. There are no planned projects near the project site that would, with the proposed project, result in a cumulatively significant impact related to shade and shadow. Therefore, the proposed project’s contribution to cumulative shade and shadow impacts is less than considerable and is therefore less than cumulatively significant. Light and Glare Due to the highly developed nature of central San Juan Capistrano and the existence of light and glare from existing commercial and residential uses on the surrounding properties, the proposed project is not anticipated to add significantly to the creation of nighttime light and glare in the project vicinity. As stated above, there are no additional development or redevelopment projects proposed in the nearby vicinity that would generate impacts that would combine with those of the proposed project. Therefore, the proposed project’s contribution to cumulative light and glare impacts is less than considerable, and therefore is less than cumulatively significant. Air Quality In accordance with SCAQMD’s methodology, any project that produces a significant project-level regional air quality impact in an area that is in nonattainment ENVIRONMENTAL FINDINGS OF FACT Page 112 of 144 contributes to the cumulative impact. Cumulative projects in the local area include new development and general growth in the project area. The greatest source of emissions in the SoCAB is mobile sources. Due to the extent of the area potentially impacted from cumulative project emissions (i.e., the SoCAB), SCAQMD considers a project cumulatively significant when project-related emissions exceed the SCAQMD regional emissions thresholds shown in Table 5.2-4 of the DEIR. No significant cumulative impacts were identified with regard to CO hotspots. Construction The SoCAB is designated nonattainment for O3 and PM2.5 under the California and National AAQS and nonattainment for PM10 and lead (Los Angeles County only) under the National AAQS. Construction of cumulative projects will further degrade the regional and local air quality. Air quality will be temporarily impacted during construction activities. The proposed project’s contribution to cumulative air quality impacts would be cumulatively considerable and significant. However, implementation of Mitigation Measures AQ-1, AQ-2, and AQ-3 would reduce project-related construction emissions to below the SCAQMD significance thresholds on a project and cumulative basis. Operation For operational air quality emissions, any project that does not exceed or can be mitigated to less than the daily regional threshold values is not considered by SCAQMD to be a substantial source of air pollution and does not add significantly to a cumulative impact. Operation of the project would not result in emissions in excess of the SCAQMD regional emissions thresholds. Therefore, the air pollutant emissions associated with the proposed project would not be cumulatively considerable, and impacts would be less than significant. Biological Resources Construction activities associated with implementation of the proposed project could result in the removal and/or replacement of trees onsite. In addition, other projects in the City would remove or disturb trees that could be used for nesting by migratory or sensitive birds protected under federal and state laws. However, construction of the proposed project and other cumulative projects would adhere to regulations implementing the federal MBTA, which would mitigate impacts to less than significant. Compliance with the MBTA (see Mitigation Measure BIO-1) would ensure that the project’s contribution to disturbance of sensitive birds would be less than significant and would not be cumulatively considerable. Cultural Resources Potential impacts related to historical, archaeological, and paleontological resources would be reduced to a level that is less than significant through the implementation of existing requirements and mitigation measures to ensure proper identification, treatment, and preservation of cultural resources on the project site. ENVIRONMENTAL FINDINGS OF FACT Page 113 of 144 Future construction activities in the project area could lead to degradation of the cultural resources. However, each development proposal received by the City undergoes environmental review and would be subject to the same resource protection requirements as the proposed project. If there is a potential for significant impacts on cultural or paleontological resources, an investigation will be required to determine the nature and extent of the resources and identify appropriate mitigation measures, including City Policy 601. Such investigations would identify resources on the affected project sites that are or appear to be eligible for listing on the NRHP CRHR. Such investigations would also recommend mitigation measures to protect and preserve cultural resources. Additionally, cultural resources impacts are site specific and generally do not combine to result in cumulative impacts. Although there have been several cultural resources discovered in the surrounding area, no significant cultural resources were identified that if altered could combine with the effects of the project to result in a cumulatively significant impact to cultural resources. Neither the proposed project, nor other cumulative development in the City, are expected to result in significant impacts to cultural or paleontological resources provided site-specific surveys and test and evaluation excavations are conducted to determine whether the resources are “unique archaeological resources” or “historical resources,” and appropriate mitigation including, but not limited to, compliance with existing requirements. Implementation of these measures would reduce the potential for adverse impacts on cultural resources both individually and cumulatively. As such, no significant cumulative impacts to cultural resources are expected to occur from the proposed project. Geology and Soils Geology and soils impacts are site specific and generally do not combine to result in cumulative impacts. Similar to the proposed project, future development projects would be required to comply with applicable state and local building regulations including the CBC and City of San Juan Capistrano Municipal Code Chapter 8-2. Site- specific geologic hazards would be addressed in each project’s geotechnical investigation. Therefore, with implementation of Municipal Code Chapter 8-2, cumulative geology and soils impacts would be less than significant. Greenhouse Gas Emissions Project-related GHG emissions are not confined to a particular air basin, but are dispersed worldwide. Therefore, impacts under Impact 5.5-1 are not project-specific impacts to global warming, but the proposed project’s contribution to this cumulative impact. As discussed under Impact 5.6-1 of the DEIR, buildout of the proposed project would result in annual emissions that would not exceed SCAQMD’s bright-line threshold. Therefore, project-related GHG emissions and their contribution to global climate change are not cumulatively considerable, and GHG emissions impacts would be less than significant. Hazards and Hazardous Materials ENVIRONMENTAL FINDINGS OF FACT Page 114 of 144 The area considered for cumulative impacts is Orange County, the service area for EHD, the affected CUPA. The population of Orange County is forecast to increase from about 3.07 million in 2012 to 3.46 million in 2040, and employment in the County is forecast to increase from about 1.53 million to 1.90 million over the same period (SCAG 2016). Other projects would use, store, transport, and dispose of increased amounts of hazardous materials; and thus could pose substantial risks to the public and the environment. However, hazards and hazardous waste impacts are typically unique to each site and do not usually contribute to cumulative impacts. Cumulative development projects would be required to assess potential hazardous materials impacts on the development site prior to grading. The project and other cumulative projects would be required to comply with laws and regulations governing hazardous materials and hazardous wastes used and generated as described above in Section 5.7-1. Therefore, cumulative impacts related to hazards and hazardous materials would be less than significant after regulatory compliance. Hydrology and Water Quality The area considered for cumulative hydrology, drainage, and flood hazard impacts is the San Juan Creek Watershed. The area considered for cumulative water quality impacts is the part of Orange County in the San Diego Basin and thus subject to the MS4 Permit covering the project site. New projects in the area, both individually and cumulatively, could increase the impervious surface areas, increase the volume of stormwater runoff, and contribute to pollutant loading in the storm drain system with discharge to Trabuco Creek, then San Juan Creek and ultimately to the Pacific Ocean. However, as with the proposed project, future projects within the City and Orange County would be required to comply with drainage and grading regulations and ordinances that control runoff and regulate water quality at each development site. New development and redevelopment projects would be required to demonstrate that stormwater volumes could be managed by onsite and downstream conveyance facilities and would not induce flooding. New projects also would be required to comply with the MS4 permit. Each project that disturbs more than one acre of land would be required to develop a SWPPP, and all regulated projects would be required to develop a WQMP. The projects would be subject to review and approval by the appropriate City to ensure that appropriate BMPs and treatment measures are implemented to reduce pollutants in stormwater and avoid adverse impacts to surface water quality. The county’s MS4 permit and LID Ordinance also require new development and certain redevelopment projects to retain a specified volume of stormwater runoff onsite through incorporation of LID BMPs so that stormwater volumes are reduced to at or below existing conditions. As described above, the proposed project would result in a net reduction in the amount of stormwater runoff and pollutants currently entering the storm drain system from this project site under existing baseline conditions with the implementation of required LID and stormwater treatment measures. Other cumulative projects may be proposed in 100-year flood zones. Local ENVIRONMENTAL FINDINGS OF FACT Page 115 of 144 jurisdictions regulate development in such zones both for public safety and to prevent changes to flood flows. Therefore, cumulative impacts to hydrology and water quality would not be cumulatively considerable and would be less than significant. Land Use and Planning As shown in Section 4.4, Assumptions Regarding Cumulative Impacts, of the DEIR, a number of development projects are under construction, have been approved, or are under review in San Juan Capistrano. However, most of these projects are not located near the project site; most are west of Trabuco Creek or east of Camino Capistrano. None are located adjacent to the project site or near enough to the site to generate adverse land use impacts when combined with the proposed project. As with the proposed project, cumulative projects would be subject to compliance with the regional and local plans discussed in this section, including provisions of the City’s General Plan, Los Rios Specific Plan and HTCMP. Therefore, implementation of cumulative development in accordance with the proposed project would not combine with the proposed project to result in cumulatively considerable land use impacts. Noise Construction Noise and Vibration Construction noise and vibration impacts are confined to a local area and would last for approximately 17 months. Cumulative impacts would only occur if other projects were being constructed in the vicinity of the project site at the same time as the project. Since the adjoining areas are already built out and only residential remodeling would be reasonably foreseeable in these areas, there would be a very low probability of simultaneous and notable construction projects. Thus, the project’s construction noise impacts would not be cumulatively considerable. Mobile-Source Noise The cumulative traffic noise levels would not increase by a noticeable amount (3 dB) along the roadways analyzed, even with full buildout of the General Plan. Therefore, significant cumulative increases in traffic noise levels would not occur, and impacts would not be cumulatively considerable. Stationary-Source Noise Potential impacts of stationary-source noise generated by the project would be limited to noise-sensitive receptors in relatively close proximity to the project site. This holds true for other, nearby (existing or future) stationary sources also. Thus, noise levels from project-related stationary sources would not combine with nearby stationary noise sources to result in significant increases or municipal code violations at the nearest receptors (to the project site). The project’s stationary noise impacts would not be individually or cumulatively considerable. ENVIRONMENTAL FINDINGS OF FACT Page 116 of 144 Public Services Fire Protection The area considered for cumulative impacts is OCFA’s service area consisting of 23 incorporated cities contracting with OCFA for fire protection and all of the unincorporated area in Orange County. The service area spans 571 square miles with a population of about 1.8 million. OCFA operates 72 fire stations with daily staffing of 331 sworn firefighters and firefighter/paramedics on each of three shifts. Ten other cities in Orange County operate their own fire departments, and the Los Angeles County Fire Department serves the City of La Habra. OCFA and all fire departments in Orange County participate in an automatic aid agreement to ensure that the closest resources are dispatched to an emergency. Regional growth would increase demands for fire protection and emergency medical services. The population of Orange County is forecast to increase from about 3,157,000 in 2015 to 3,461,000 in 2040, a net increase of 304,000 or about 9.6 percent. Employment in the County is projected to increase from approximately 1,633,000 in 2015 to 1,899,000 in 2040, a net increase of 266,000 or about 16.3 percent (SCAG 2016). Cumulative growth anticipated in the region would generate increased tax revenues to cities and Orange County. Some of those revenues would be available to fund construction of new or expanded fire stations; purchase additional apparatus; and/or hire additional staff. Such additional revenue would offset potentially adverse impacts of increased development. In addition, similar to the proposed project, each of the cumulative projects would be subject to Title 24 Building Code regulations and individually subject to OCFA review and compliance with all applicable construction- related and operational fire safety requirements. Cumulative impacts would be less than significant, and project impacts would not be cumulatively considerable. Police Protection The area considered for cumulative impacts to police protection is OCSD’s service area consisting of all the unincorporated County areas plus 13 incorporated cities. Total OCSD staffing is 3,498 organized into four commands; patrol and traffic deputies and detectives work in one of those commands (Field Operations & Investigative Services) (Orange County 2017). OCSD stations are in Santa Ana, Stanton, Aliso Viejo, Lake Forest, and San Clemente. The project in combination with continued growth and intensification in land uses in OCSD’s service area would contribute to a cumulative impact on their resources and operations. Over time, such increased demands are expected to require additional deputies, civilian personnel, and equipment, including vehicles, weaponry, communications equipment, and office furniture. However, other projects would generate increased tax revenues to cities and Orange County. Some of those revenues would be available to fund construction of new or expanded Sheriff’s stations; purchase additional equipment; and/or hire additional staff. Similar to the proposed project, each of the cumulative projects would be subject to review from the applicable law ENVIRONMENTAL FINDINGS OF FACT Page 117 of 144 enforcement agency and would be required to comply with all applicable safety requirements of the law enforcement agency and the applicable city in order to adequately address police protection service demands. As a result, cumulative impacts to law enforcement services would not be cumulatively considerable and would be less than significant. Transportation and Traffic assessed using forecast traffic conditions in the Existing Plus Project Plus Cumulative (Year 2020) and General Plan Buildout scenarios. As discussed in Impact 5-12-1, and 5.12.2, the project would not result in a cumulatively considerable impact. However, forecast vehicular queues in the existing single eastbound left-turn lane storage at Paseo Adelanto and Del Obispo Street is anticipated to be inadequate under General Plan Buildout traffic conditions in the PM peak hour. Therefore, as discussed in Impact 5.12-5, of the DEIR, this is a potentially significant impact. Tribal Cultural Resources Cumulative impacts to cultural resources would occur when the impacts of the proposed project, in conjunction with other projects and development in the region, result in multiple and/or cumulative impacts to tribal cultural resources in the area. No prehistoric sites have been recorded on the project site, however, one sacred site has been documented within or adjacent to the project site, and 69 have been recorded within a half-mile radius of the site. It is possible that buried prehistoric artifacts or tribal cultural resources could be present within the area. Each future project considered for approval by the City would be required to comply with Policy 601 and include measures to protect these resources if they are uncovered during grading activities. The proposed project also includes mitigation measures to ensure proper identification, treatment, and preservation of tribal cultural resources. Implementation of these measures would reduce the potential for adverse impacts on tribal cultural resources both individually and cumulatively. Therefore, cumulative impacts to cultural resources would be less than significant. Utilities, Service Systems, and Energy Wastewater Treatment and Collection The area considered for cumulative impacts to wastewater treatment is SOCWA’s service area, 220 square miles in south Orange County with population of about 550,000. Recycled water supplies, from wastewater treatment facilities’ effluents, are forecast to be about 26.5 mgd in the South OC Watershed Management Area— generally similar to SOCWA’s service area—in 2035 (OCPW 2013). SOCWA’s three facilities have combined capacity of about 31.7 mgd and treat a total of approximately 17.3 mgd, for combined residual capacities of 14.4 mgd or about 83 percent of existing wastewater flows. Other projects would increase numbers of residents and workers in the region, ENVIRONMENTAL FINDINGS OF FACT Page 118 of 144 thus increasing wastewater generation. The service population of an area of South Orange County area, which is slightly larger than SOCWA’s service area, is forecast to increase from about 886,495 in 2020 to approximately 951,051 in 2040, an increase of 64,556 or about 7.3 percent. The South Orange County region consists of two Regional Statistical Areas, C-43 and D-40, designated in the Orange County Projections 2014- Modified issued by the Center for Demographic Research at California State University, Fullerton and approved by the Orange County Council of Governments in June 2016. As stated previously, the JBLTP treatment plant has a residual capacity of about 6.4 mgd. Using the percentage growth in service population for the South Orange County area, a proportional 7.3 percent increase wastewater discharge would result in a cumulative net increase of approximately 0.5 mgd of wastewater, which is within the remaining residual capacity of the JBLTP. Since there is sufficient residual capacity at the wastewater treatment facility serving SOCWA’s service area, cumulative impacts related to treatment capacity would be less than significant. Cumulative impacts related to wastewater conveyance depend on the location and size of individual cumulative projects as well as phasing. All future development within the City of San Juan Capistrano and SOCWA service area would be reviewed on a project-by-project basis to verify that existing capacity exists to convey the wastewater generated with the new development. In addition, development projects would be subject to payment of fees prior to connecting to the City’s or SOCWA’s facilities. As stated under Impact 5.14-1, the project would contribute flows to pipe segment D15704, resulting in an increase in peak flows from 0.70 to 0.76 and average flows from 0.44 to 0.48. Since this pipe segment is currently deficient, future development would exceed the capacity for this pipe segment, which would require upsizing from an 8-inch to 12- inch pipe. The proposed project would cumulatively contribute to a deficiency for pipe segment D15704 and would be potentially significant. Water Supply and Distribution Systems The area considered for cumulative impacts is the City of San Juan Capistrano. Other projects in the service area would increase water demands. SCAG projections of population and employment growth in the City between 2012 and 2040 are assumed in the water demand projected in Table 5.14-2. The description of City water supplies and demands in Section 5.14.2.1 above addresses cumulative conditions. The City forecasts that it will have sufficient water supplies over the 2020-2040 period to meet water demands. Other projects of certain sizes and types would be required to have water supply assessments prepared. If the City did not already have sufficient projected water supplies for such projects, it would be required to provide its plans for acquiring the needed supplies, including the cost and timeframe needed. The City would be required to consider the results of water supply assessments in its CEQA findings on such projects. Cumulative impacts would be less than significant, and project impacts would not be cumulatively considerable. Solid Waste ENVIRONMENTAL FINDINGS OF FACT Page 119 of 144 The area considered for cumulative impacts is Orange County, the service area of the three landfills operated by OC Waste & Recycling. Other projects in the County would increase solid waste generation. The population of the County is forecast to increase from about 3.07 million in 2012 to 3.46 million in 2040, and employment in the County is forecast to increase from about 1.53 million to 1.90 million over the same period (SCAG 2016). Solid waste generation is anticipated to be proportional to service population—that is, population and employment combined. Other projects would recycle and compost parts of their solid waste in accordance with the California Integrated Waste Management Act (AB 939), AB 341, AB 1826, and CALGreen Section 5.408. AB 939 requires the County to maintain 15 years of available countywide solid waste disposal capacity. The Orange County landfill system has sufficient capacity to accommodate the project and future development within the County. Cumulative impacts would be less than significant after compliance existing regulations, and project impacts would not be cumulatively considerable. SECTION 6 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES AND ENERGY USE Significant Irreversible Environmental Changes The State CEQA Guidelines require that EIRs reveal the significant environmental changes that would occur as a result of a proposed project. CEQA also requires decisionmakers to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. This section addresses non-renewable resources, the commitment of future generations to the proposed uses, and irreversible impacts associated with the Project. (DEIR Section 9, Significant Irreversible Changes Due to the Proposed Project.) Support for this environmental impact conclusion is fully discussed in Section 9, Significant Irreversible Changes Due to the Proposed Project, starting on page 9-1 of the DEIR. In the case of the proposed project, its implementation would involve a land use, development, and implementation framework to support 64,900 square feet of commercial and office uses in five buildings. Significant irreversible changes that would be caused by implementation of the project would be: • Construction activities that would entail the commitment of nonrenewable and/or slowly renewable energy resources; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, water, and fossil fuels. • Operation that would require the use of natural gas and electricity, petroleum- based fuels, fossil fuels, and water. The commitment of resources required for the construction and operation of the project would limit the availability of such resources for future generations or for other uses during the life of the project. ENVIRONMENTAL FINDINGS OF FACT Page 120 of 144 • An increased commitment of social services and public maintenance services (e.g., police, fire, sewer, and water services) would also be required. The energy and social service commitments would be long-term obligations in view of the low likelihood of returning the land to its original condition once it has been developed. • Employment growth related to project implementation would increase vehicle trips over the long term. Emissions associated with such vehicle trips would continue to contribute to the South Coast Air Basin’s nonattainment designations for ozone, and particulate matter (PM10 and PM2.5) under the California and National Ambient Air Quality Standards (AAQS), and nonattainment for nitrogen dioxide (NO2) under the California AAQS. • Long-term irreversible commitment of vacant parcels of land or redevelopment of existing developed land in the city of San Juan Capistrano Given the low likelihood that the land would revert to lower intensity uses or to its current form, the proposed project would generally commit future generations to these environmental changes. However, the project area is already developed; therefore, the use of existing infrastructure is possible, and environmental impacts can be minimized. Additional development intensities can be more readily accommodated with minimal physical impact, relieving development pressure from other areas where more intensive use of nonrenewable resources would be necessary. The commitment of resources to the proposed project is not unusual for or inconsistent with projects of this type and scope. However, once these commitments are made, it is improbable that the project area would revert back to its current condition. Thus, the proposed project would result in significant irreversible changes to the environment throughout the lifespan of the structures. Energy Use Support for this environmental impact conclusion is fully discussed in Section 5.14, Utilities and Service Systems, Impact 5.14-5, starting on page 5.14-30 of the DEIR. The proposed project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources, nor conflict with an energy efficiency plan. Short-Term Construction Construction of the proposed project would create temporary increased demands for electricity and vehicle fuels compared to existing conditions and would result in short-term transportation-related energy use. During construction, haul of some soil will be required. Construction of the proposed project is expected to require off-site haul of approximately 19,500 cubic yards (cy) of import and 2,864 cy of export. Project completion is expected by the end of 2020. Electrical Energy ENVIRONMENTAL FINDINGS OF FACT Page 121 of 144 Construction of the proposed project would require electricity use to power the construction equipment. The electricity use during construction would vary during different phases of construction, where the majority of construction equipment during demolition and grading would be gas-powered or diesel-powered, and the later construction phases would require electricity-powered, such as interior construction and architectural coatings. The amount of electricity usage by type during construction has been calculated using outputs from the CalEEMod Air Quality Computer Model and is shown in Table 5.14-5. Project construction would occur at one time and would result in a demand of 855 kWh of electricity. Electricity consumption during construction would be temporary through the approximate 17 month construction phase. As the project site is already served by onsite electrical infrastructure, adequate infrastructure capacity is available to accommodate the electricity demand during construction would not require additional or expanded electrical infrastructure. The construction contractors are anticipated to minimize idling of construction equipment during construction, as required by 13 California Code of Regulations (CCR) Section 2499, restricting nonessential idling of construction equipment to five minutes or less. Additionally, the project will be constructed in accordance with the City’s Green Building Standards Code and Municipal Code Sections 6-3.08 et seq., which requires a minimum of 65 percent of construction and demolition debris to be diverted from landfills and recycled. Such required practices would limit wasteful and unnecessary electrical energy consumption. ENVIRONMENTAL FINDINGS OF FACT Page 122 of 144 Gas Energy The construction-related equipment would not be powered by natural gas and no natural gas demand is anticipated during construction. As a result, natural gas consumption during construction would be reduced as compared to existing conditions. No new or expanded natural gas facilities or supply are anticipated. Transportation Energy Transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. The use of energy resources by these vehicles would fluctuate according to the phase of construction and would be temporary throughout the approximate 17 month duration of construction. The majority of construction equipment during demolition and grading would be gas-powered or diesel-powered, and the later construction phases would utilize electricity-powered equipment. As discussed above, the project would be required to restrict nonessential idling to construction equipment to five minutes or less pursuant to CCR Section 2499. The amount of fuel usage by type during construction has been calculated using outputs from the CalEEMod Air Quality Computer Model and is shown in Table 5.14-5 of the DEIR. Over the 17 months of construction, total fuel consumption is estimated to be approximately 47,994 gallons. Impacts related to transportation energy use during construction would be temporary and would not require ongoing or permanent commitment of energy resources. Project construction would not require expanded energy supplies or the construction of new infrastructure. Long-Term Operational and Maintenance Impacts Operation of the proposed project would create additional demands for electricity and natural gas compared to existing conditions, and would result in increased transportation energy use. Operational use of energy would include heating, cooling, and ventilation of buildings; water heating; operation of electrical systems, security and control center functions, use of on-site equipment and appliances; and indoor, outdoor, perimeter, and parking lot lighting. Proposed energy consumption for the project site is shown in Table 5.14-6 of the DEIR. Electrical Energy ENVIRONMENTAL FINDINGS OF FACT Page 123 of 144 Ito Nursery currently operates on site and generates limited demand for electricity, for various purposes, such as heating, cooling, building ventilation, lighting, use of onsite equipment, etc. As shown in Table 5.14-6, the proposed project would result a total electricity demand of 1,767,933 kWh/year. SDG&E has demonstrated adequate capacity to handle the increase in electrical demand. Forecasted growth for SDG&E’s service area is based on population and economic growth in addition to such physical variables as average temperature and water supplies (important to hydroelectric generation) in a given year. Based on CEC projections for the SDG&E service area in 2028, demand is projected to reach between 24,179 gwh in the low- demand scenario and 25,649 gwh in the high-demand scenario by 2028; and increase of between 2,321 gwh and 3,475 gwh over existing demands. The maximum project- related annual consumption would represent less than a tenth of a percent of the forecasted net energy demand. Based on these estimates, sufficient transmission and distribution capacity exists, and off-site improvements would not be necessary. Furthermore, any increase in electrical demand from the project is incremental in comparison to the regional growth projects and electrical demand. The proposed project would be required to comply with the California Green Building Standards Code (CALGreen; CCR, Title 24, Part 11). The project would also incorporate design features and attributes promoting energy efficiency and sustainability: • Redevelopment and revitalization of the project site promotes efficient use of scarce real property. Further, redevelopment and reuse of the site supports sustainable and efficient use of resources by taking advantage of currently available utilities and public services. • To reduce water demands and associated energy use, the project uses would be required to implement a water conservation strategy and demonstrate a minimum 20 percent reduction in indoor water usage when compared to baseline water demand (total expected water demand without implementation of the water conservation strategy). Project uses would also be required to implement: • A landscaping palette emphasizing drought-tolerant plants consistent with provisions of the State Model Water Efficient Landscape Ordinance and/or City requirements. • Water-efficient irrigation techniques consistent with City requirements. • US Environmental Protection Agency (EPA) Certified WaterSense or equivalent faucets, toilets, and other plumbing fixtures The proposed project would be consistent with the requirements of these energy- related regulations, and would not result in wasteful or unnecessary electricity demands. Therefore, the proposed project would not result in a significant impact. ENVIRONMENTAL FINDINGS OF FACT Page 124 of 144 Gas Energy Development pursuant to the proposed project would result in a total natural gas demand of 7,777,493 kBTU/year. The project site is already served by SCG and gas service would be added to the existing system by SCG as necessary to meet the project’s demand. There is extensive and reliable gas services in the area, and the improvements would occur in accordance with the SCG’s policies and extension rules on file with the Public Utilities Commission (PUC). The availability of natural gas service is based on present gas supply and regulatory policies. As a public utility, SCG is under the auspices of the PUC and federal regulatory agencies. Should these agencies take any action that affects gas supply or the conditions under which service is available, gas service would be provided in accordance with revised conditions. No significant impacts are anticipated. Transportation Energy The proposed project would consume transportation energy during operations from the use of motor vehicles. Because the efficiency of the motor vehicles in use, such as the average miles per gallon for motor vehicles involved with the proposed project is unknown, estimates of transportation energy use is assessed based on the overall VMT and related transportation energy use. The project-related VMT would come from employees, patrons, and delivery/supply trucks, and trips by maintenance and repair crews. Operation-related fuel usage data was calculated based on EMFAC2017, v1.0.2, fuel usage data for 2020 and the trip generation and average trip distance information provided LLG (see Appendix J of the DEIR). The proposed project would increase total annual VMT by 5,438,427–5,383,172 for passenger vehicles and 55,255 for trucks (vendor and delivery). At buildout, the proposed project would consume an estimated 151,284,221 gallons per year of gasoline and diesel fuel. Over time, the consumption of gasoline and diesel fuel will decrease because of the increase in the average corporate fuel economy of vehicles as a result of state and federal laws, including the Pavley Advanced Clean Cars program, as well as vehicle turn over that improves the overall fuel economy of California’s vehicle fleets. The project site is in an ideal location for new development because it is proximate to synergistic land uses–office, residential, downtown retail and restaurant establishments–and alternative modes of transportation. The proposed development encourages the use of the region’s public transportation system by creating retail and office opportunities for employment and visitors within a transit priority area, a quarter mile of the San Juan Capistrano Metrolink Station. The proposed project also provides a needed amenity for the surrounding residential uses, which are within walking distance to the project site. ENVIRONMENTAL FINDINGS OF FACT Page 125 of 144 The City of San Juan Capistrano and its surrounding area are urbanized with numerous gasoline and diesel fuel facilities and infrastructure. Consequently, the proposed project would not result in a substantial demand for energy that would require expanded supplies or the construction of other infrastructure or expansion of existing facilities. Compared to uses of similar scale and configuration, the project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips and vehicle miles traveled, nor does it propose uses that are associated with excess and wasteful vehicle energy consumption. SECTION 7 GROWTH-INDUCING IMPACTS Section 15126(d) of the State CEQA Guidelines requires a discussion of a proposed project’s potential to foster economic or population growth, including ways in which a project could remove an obstacle to growth. Growth does not necessarily create significant physical changes to the environment. However, depending upon the type, magnitude, and location of growth, it can result in significant adverse environmental effects if it requires new development or infrastructure to support it. The proposed Project's growth effects would be considered significant if they could result in significant physical effects in one or more environmental issue areas. The most commonly cited example of how an economic effect might create a physical change is where economic growth in one area could create blight conditions elsewhere by causing existing competitors to go out of business and the buildings to be left vacant. Support for this environmental impact conclusion is fully discussed in Section 10, Growth–Inducing Impacts of the Proposed Project, starting on page 10-1 of the DEIR, page 2-92 of the FEIR, and Appendix B, herein. Remove Obstacles to Growth. As discussed in Section 5.14, Utilities, Service Systems, and Energy, expand one or more public services the project site and surrounding area are already serviced with existing utility and service systems. Although connections, an upsizing of one sewer segment, and an additional 8-inch water main under River Street are necessary, major infrastructure is already present. The adopted Los Rios Specific Plan permits Low Density Commercial development on the site, therefore, the existing commercial nursery operation could continue or new Low Density Commercial development could occur under the adopted specific plan. Approval of the proposed project would not remove an existing regulatory obstacle to growth, but it would redefine the scale of development allowed on this site. Therefore, the proposed project is not considered to be growth inducing with respect to removal of obstacles to land development. Expand One or More Public Services. The project site is in an urbanized area and public services are currently provided to the site. As discussed in Section 5.11, Public Services, of the DEIR the increase in commercial intensity at the site would result in a small increase in calls for service for fire protection and police services. However, the additional demand can be met by the existing service levels and no expansion of ENVIRONMENTAL FINDINGS OF FACT Page 126 of 144 public services facilities would be required. Impacts to public services were determined to be less than significant. The project would not result in an increase in residents at the project site or within its vicinity, given that employment demand can be met through existing residents and therefore there would be no increased demand for public schools, parks, and libraries. Encourage or Facilitate Economic Effects. During project construction, a number of design, engineering, and construction-related jobs would be created. This would last until the project is constructed over two years. Construction related jobs would not result in a significant population increase because they would be filled by workers in the region. The construction phase would be temporary and the buildings are being developed based on market demand. The intent of the specific plan amendment is to increase the City’s revenue- generating tax base, generate new employment and promote business activity in the Los Rios Specific Plan area. The increased number of employees and visitors to the area could also spur new economic investment in commercial uses serving the project site and surrounding area. This would represent an increased demand for economic goods and services and could, therefore, encourage the creation of new businesses and/or the expansion of existing businesses that address these economic needs. Actual growth would depend on future market demand, site constraints, and property owners’ willingness to take advantage of new development opportunities. However, the creation or expansion of new businesses in the area may have both direct and indirect economic effects that could significantly affect the environment. The impacts from this effect would be analyzed and any appropriate mitigation imposed on a project-by-project basis. Precedent-setting action. The proposed project would require approval of discretionary actions, including a specific plan amendment; however, the project would not set a precedent for future projects with similar characteristics. The Los Rios Specific Plan was originally adopted by City Council Resolution 78-02-15-06, and amended three times (Resolutions 99-11-16-04, 03-01-21-03, and 12-09-04-02) prior to this proposed specific plan amendment. Approval of the proposed project would not involve a precedent-setting action that would encourage and/or facilitate other activities that could significantly affect the environment. Urban Decay. The project will not create urban decay impacts. Urban decay can occur where large big box format discount retailers (e.g., WalMart) come into a market place and undercut local independent merchants. The City’s downtown and the River Street Marketplace provide intimate artisanal retail and dining offerings that do not compete with but rather complement each other. The project will not create or contribute to urban decay (page 2-92 of the FEIR, and Attachment A, River Street Marketplace Economic Impact, herein). SECTION 8 ALTERNATIVES ENVIRONMENTAL FINDINGS OF FACT Page 127 of 144 A. Background Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states: (a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Subsection 15126.6(b) states the purpose of the alternatives analysis: (b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. In subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives: (c) The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the Project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic ENVIRONMENTAL FINDINGS OF FACT Page 128 of 144 project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed Project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. B. The Project Objectives The following objectives have been established for the Project (Page 7-2 of the DEIR): 1. Objective 1: Revise the Los Rios Specific Plan to add a Commercial Core Planning Area to encourage the development of commercial opportunities that honor the rich history of the Los Rios neighborhood and surrounding uses. 2. Objective 2: Redevelop the project site with a complementary mix of commercial and office uses. 3. Objective 3: Provide retail and office opportunities for residents and visitors to San Juan Capistrano that are compatible with the surrounding land uses. 4. Objective 4: Establish contemporary family-oriented uses that increase the City’s revenue-generating tax base through new sales tax and increased property tax revenues. 5. Objective 5: Promote business activity in the Los Rios Specific Plan area through creation of facilities responsive to community needs. 6. Objective 6: Implement employment-generating land uses that would create new jobs available to City residents. 7. Objective 7: Encourage alternative modes of travel through enhancement of bicycle and pedestrian connectivity, and increasing the number of employees within a transit priority area within a quarter mile of the San Juan Capistrano Metrolink Station. 8. Objective 8: Incorporate sustainable development practices addressing energy efficiency, including compliance with green building standards, the state model water efficient landscape ordinance, and water and energy efficient design elements. ENVIRONMENTAL FINDINGS OF FACT Page 129 of 144 9. Objective 9: Enhance the visual attributes of the project site and the greater Los Rios area through implementation of design guidelines, landscape design, and signage requirements The following alternatives were considered but rejected as part of the environmental analysis for the Project (Section 7.3, Alternatives Considered and Rejected during the Scoping/Project Planning Process, starting on Page 7-3 of the DEIR). 1. Alternative Development Areas: CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines § 15126[5][B][1]). Three alternative sites were considered–(1) the Camino Real Playhouse, (2) the Mission Grill, and (3) the Hotel Capistrano sites. - Camino Real Playhouse: The Camino Real Playhouse site would require additional demolition activities resulting in increased significant construction-related impacts to air quality, noise, and traffic. Additionally, the City is currently under an exclusive negotiating agreement to develop the site for a mix of uses, including theater, commercial and office uses. - The Mission Grill: The approximate one-third acre Mission Grill site at 31681 Camino Capistrano, lacks adequate acreage to accommodate the proposed project. Additionally, the project site is within close proximity to a sensitive receptor. The Mission Grill site is about 70 feet directly west and across Camino Capistrano from Mission San Juan Capistrano Historic Landmark and Museum. The church at the mission is the oldest building in California still in use. Visitors to the Mission and museum expect a quiet noise environment to experience enjoyment and contemplation of this religious and historical landmark. Due to the site’s proximity to sensitive receptors, development of the proposed project at this location would not eliminate the one significant and unavoidable impact (construction-related noise) associated with the project. - Hotel Capistrano: The 3.16-acre Hotel Capistrano site is at 31872, 31878, and 31882 Camino Capistrano. Although land use designations for this site would allow uses contemplated by the proposed project, the project is not under the ownership or control of the project ENVIRONMENTAL FINDINGS OF FACT Page 130 of 144 applicant. Furthermore, substantial increases in noise levels due to construction noise would be similar to the proposed project, since the nearest receptors in the vicinity of the Hotel Capistrano site are the Egan House, within 25 feet of the project boundary, and the Esslinger Building, approximately 50 feet from the project boundary. The three alternative sites were eliminated from further consideration because they either do not have the ability to accommodate the project or would not eliminate significant and unavoidable adverse impacts. 2. Reduced Construction Noise Alternatives: The proposed project would result in one significant and unavoidable short-term construction noise impact. Noise levels during construction would reach a maximum of 79 dBA Leq at 115 feet from the source, increasing noise levels over ambient conditions by 20–27 dBA Leq during the loudest periods of construction. All feasible mitigation measures (see Mitigation Measure N-1) have been incorporated into the proposed project, which will substantially reduce temporary noise impacts at sensitive receptors during construction activities. A temporary noise barrier would reduce construction-related noise by approximately 10 dBA for ground-level receptors with no line-of- site to construction activity. Therefore, maximum noise levels with mitigation can be reduced to approximately 69 dBA at 115 feet. Project alternatives were evaluated to determine if any development alternative at the project site could eliminate the significant and unavoidable construction noise impact. An alternative project design or layout would not substantially reduce this impact, because there is no commercial and office development of a size or distance from sensitive receptors that would eliminate the substantial periodic increase in ambient noise levels during construction. The existing ambient noise levels in the study area are relatively low for an urban community at 52-59 dBA Leq (see Table 5.10-5), therefore, the threshold to achieve a substantial increase in noise levels from construction is lower than most urbanized neighborhoods. Furthermore, single family residential development is adjacent to the project’s eastern boundary, which is approximately 300– 350 feet from the site’s western boundary. At a distance of 325 feet, sensitive receptors would still experience substantial periodic noise levels of up to 70 dBA Leq, which is 11–18 dBA Leq above ambient conditions. A phased or shortened construction schedule was also evaluated to potentially reduce substantial periodic noise levels. However, substantially shortening the project’s 17-month construction schedule would result in a significant increase in construction-related air quality emissions due to the need for additional construction vehicles/equipment and conflicts with Mitigation Measures AQ-1 and AQ-2 (limiting the daily haul trips). There are no other project alternatives that would result in a substantial reduction in construction-related noise levels. ENVIRONMENTAL FINDINGS OF FACT Page 131 of 144 The alternatives selected for review pursuant to the EIR focus on alternatives that could reduce environmental impacts to an even lesser level of insignificance, consistent with the Project objectives (i.e., the alternatives could impede to some degree the attainment of Project objectives). Those alternatives include (Section 7.4, Alternatives Selected for Further Analysis, starting on Page 7-5 of the DEIR): • Alternative 1: No Project/No Build Alternative • Alternative 2: No Project/Existing Los Rios Specific Plan Alternative • Alternative 3: Reduced Intensity Alternative ENVIRONMENTAL FINDINGS OF FACT Page 132 of 144 C. Evaluation of Alternatives Selected for Further Analysis 1. Alternative 1: No Project/No Build Alternative Description: CEQA requires an analysis of the No Project Alternative in accordance with CEQA Guidelines Section 15126.6(e). This alternative evaluates what would occur if the project is not approved, and is based upon existing conditions and available infrastructure. The No Project/No Build Alternative assumes that the proposed amendment to the Los Rios Specific Plan would not be adopted and no new development would occur. The current nursery uses would continue to operate and no demolition of the existing structures would occur. (Section 7.5, No Project/No Build Alternative, of the DEIR) Analysis Avoid or Substantially Lessen Project Impacts. The No Project/No Build Alternative would lessen environmental impacts in the areas of air quality, biological resources, cultural resources, geology and soils, GHG emissions, noise, public services, transportation and traffic, tribal cultural resources, and utilities, service systems, and energy. This alternative would have greater environmental impacts related to aesthetics and hydrology and water quality and have similar impacts in the area of hazards and hazardous materials and land use and planning. Additionally, this alternative would eliminate the proposed project’s significant and unavoidable impact to construction-related noise. Therefore, overall this alternative is considered environmentally superior when compared to the proposed project. Attainment of Project Objectives. Implementation of the No Project/No Build Alternative would ultimately stop any new development from occurring within in the project site beyond what is already on the ground. Therefore, none of the project objectives would be achieved under this alternative. Comparative Merits. Compared to the proposed Project, The No Project/No Build Alternative would not provide any of the project benefits that would occur with adoption of the amendment to the Specific Plan, including encouraging ridership within a transit priority area, enhancement of character and design, improved mobility and connectivity, water quality enhancement, sustainable development and design, and economic revitalization. Finding: The City Council rejects the No Project/No Build Alternative on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) its failure to meet any of the project objectives; and (2) . specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the EIR. Therefore, the City Council hereby rejects the No Project/No Build Alternative. ENVIRONMENTAL FINDINGS OF FACT Page 133 of 144 2. Alternative 2: No Project/Existing Los Rios Specific Plan Alternative Description: Pursuant to CEQA Guidelines Section 15126.6(e)(3)(A), when a project is the revision of an existing regulatory plan, the “no project” alternative assumes continuation of the existing plan, policy, or operation into the future. Therefore, under the No Project/Existing Los Rios Specific Plan Alternative, the current general plan land uses and zoning would remain in effect. The current Specific Plan designates the site as Low Density Commercial (LDC) development, which allows land uses such as nurseries, open markets, and arts and crafts workshops, display and retail, and office uses fronting Del Obispo. The No Project/Existing Los Rios Specific Plan Alternative assumes that the project site would be developed with an approximate 36,000 square foot nursery/garden center with a building height of up to 30 feet. This alternative would generate 2,452 daily, 87 AM peak hour, and 250 PM peak hour trips (ITE Trip Generation Manual 10th Edition, Nursery (Garden Center), ITE Code 817. (Section 7.6, No Project/Existing Los Rios Specific Plan Alternative, of the DEIR). Analysis Avoid or Substantially Lessen Project Impacts. The No Project/Existing Los Rios Specific Plan Alternative would lessen environmental impacts in the areas of aesthetics, air quality, biological resources, cultural resources, GHG emissions, noise, tribal cultural resources, and utilities and service systems. However, significant and unavoidable construction-related noise impacts would remain. This alternative would result in an increase in traffic impacts during the PM peak hour and would exacerbate the queuing impact at Paseo Adelanto and Del Obispo under General Plan Buildout conditions. This alternative would have similar impacts in the area of geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, and public services. Attainment of Project Objectives. The No Project/Existing Los Rios Specific Plan Alternative would not meet many of the project objects. For example, the No Project/Existing Los Rios Specific Plan, would not: add a Commercial Core Planning Area to encourage the development of commercial opportunities that honor the rich history of the Los Rios neighborhood and surrounding uses (Objective 1); redevelop the site with a complementary mix of commercial and office uses for residents and visitors (Objectives 2, 3); enhance the visual attributes of the project site and the greater Los Rios area through implementation of design guidelines, landscape design, and signage requirements (Objective 9). This alternate would achieve some of the proposed project’s objectives but to a lesser extent as compared to the proposed project. For example, the No Project/Existing Los Rios Specific Plan Alternative would increase the City’s revenue- generating tax base through new sales tax (Objective 4), create new jobs (Objective 6), and increase the number of employees within a transit priority area (Objective 7). However, these objectives would be achieved to a lesser extent given the reduced development intensity and lack of diverse retail uses (single tenant use. ENVIRONMENTAL FINDINGS OF FACT Page 134 of 144 Comparative Merits. Overall, this alternative is not considered environmentally superior when compared to the proposed project because it would not eliminate the temporary significant and unavoidable construction-related noise impact and it would increase the significant queuing at Paseo Adelanto and Del Obispo. Furthermore, although it would reduce impacts for other environmental areas, those impacts were determined to be less than significant or could be significantly reduced through mitigation measures. Finding: The City Council rejects the No Project/Existing Los Rios Specific Plan Alternative on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) its failure to meet most of the project objectives; (2) failure to reduce or avoid significant and unavoidable impacts associated with temporary construction noise; and (3) specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the EIR. Therefore, the City Council hereby rejects the No Project/Existing Los Rios Specific Plan Alternative. 3. Alternative 3: Reduced Intensity Alternative Description:. The Reduced Intensity Alternative was selected to lessen potentially significant impacts related to air quality, noise, and traffic. However, as described above and within the substantive chapters of this EIR, these potentially significant impacts can already be reduced through the implementation of mitigation measures. Regardless, in order to eliminate a potentially significant PM peak hour traffic impact at Paseo Adelanto and Del Obispo Street during General Plan Buildout conditions, a reduction in queue length by 2 cars would be required; the project’s eastbound left-turns would need to be reduced by 18 cars. This equates to an overall project trip generation reduction of 40 cars (from 106 to 66) for the inbound trips during the PM peak hour. This reduction in trips results in a proportional decrease in building square footage. Using a high-turnover restaurant rate of 9.77 PM peak hour trips (62 percent inbound and 38 percent outbound) per thousand square feet (ITE Code 932: High- Turnover Restaurant), this alternative would reduce high-turnover restaurant building square footage by approximately 6,605, allowing buildout of 58,295 square feet. Implementation of the amendment to the Specific Plan provisions would still apply to this alternative. (Section 7.7, Reduced Intensity Alternative, of the DEIR) Analysis Avoid or Substantially Lessen Project Impacts. The Reduced Intensity Alternative would lessen environmental impacts in the areas of air quality, GHG emissions, noise, transportation and traffic, and utilities and service systems. This alternative would eliminate the need for traffic Mitigation Measure TR-2. However, in accordance with CEQA, significant environmental effects may be avoided or substantially lessened through implementation of feasible alternatives or feasible mitigation measures. Mitigation Measure TR-2 is a feasible mitigation measure that ENVIRONMENTAL FINDINGS OF FACT Page 135 of 144 would reduce project traffic impacts to less than significant. This alternative would have similar impacts in the area of aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, public services, and tribal cultural resources. However, significant and unavoidable construction-related noise impacts would remain. Overall, this alternative is considered environmentally superior when compared to the proposed project. Attainment of Project Objectives. Under the Reduced Intensity Alternative, most of the proposed project’s objectives would be achieved but to a lesser extent as compared to the proposed project. For example, the Reduced Intensity Alternative would encourage development of commercial opportunities in the Los Rios neighborhood (Objective 1), redevelop the site with a complementary mix of commercial and office uses for residents and visitors compatible with surrounding land uses (Objectives 2, 3). However, these objectives would be achieved to a lesser extent given the 10 percent reduction in development intensity. Additionally, this alternative would not increase the City’s revenue-generating tax base through new sales tax (Objective 4), provide business activity in the specific plan area through creation of facilities responsive to community needs (Objective 5), or create new jobs (Objective 6) to the same extent as the proposed project. Comparative Merits. Under the Reduced Intensity Alternative, the proposed project’s objectives would be achieved but to a lesser extent as compared to the proposed project. This alternative would have similar impacts in the area of aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, public services, and tribal cultural resources. However, significant and unavoidable construction-related noise impacts would remain under this alternative. All feasible mitigation measures have been incorporated into the proposed project to substantially lessen temporary construction- related noise impacts. Finding: The City Council rejects the Reduced Intensity Alternative on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) failure to meet the project objectives to the same extent as the proposed project; (2) failure to reduce or avoid the project’s significant and unavoidable impacts relating to temporary construction noise; and (3) specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the EIR. Therefore, the City Council hereby rejects the Reduced Intensity Alternative. ENVIRONMENTAL FINDINGS OF FACT Page 136 of 144 SECTION 9 ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to State CEQA Guidelines Section 15093(a), the City Council must balance, as applicable, the economic, legal, social, technological, or other benefits of the Project against its unavoidable environmental risks in determining whether to approve the project. If the specific benefits of the project outweigh the unavoidable adverse environmental effects, those environmental effects may be considered acceptable. Having reduced the adverse significant environmental effects of the Modified Project to the extent feasible by adopting the mitigation measures; having considered the entire administrative record on the project; the City Council has weighed the benefits of the Project against its unavoidable adverse impacts after mitigation in regards to the temporary, short-term construction-related noise impacts. While recognizing that the unavoidable adverse impacts are significant under CEQA thresholds, the City Council nonetheless finds that the unavoidable adverse impacts that will result from the Project are acceptable and outweighed by specific social, economic and other benefits of the Modified Project. In making this determination, the factors and public benefits specified below were considered. Any one of these reasons is sufficient to justify approval of the Modified Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would be able to stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and in the documents found in the Records of Proceeding. The City Council therefore finds that for each of the significant impacts which are subject to a finding under CEQA Section 21081(a)(3), that each of the following social, economic, and environmental benefits of the Modified Project, independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable the one significant unavoidable adverse environmental impact of the Modified Project: 1. The Modified Project would enhance multimodal connectivity in support of State Law (AB 375, SB 743. As described on starting on Page 5.12-73 of the DEIR, the circulation of the pedestrian-oriented site design is intentionally designed to accommodate pedestrians as the focal point, while accommodating access to the site via public transportation and bicycle. Site access and circulation are described in for each mode of alternative transportation. Transit The Modified Project would increase employees within a transit priority area, ENVIRONMENTAL FINDINGS OF FACT Page 137 of 144 since it is located within a quarter mile of the San Juan Capistrano station. There are several bus stops in proximity to the project as well as a regional rail station, the San Juan Capistrano station. There are 3 bus stops served by Orange County Transportation Authority (OCTA) within walking distance to the project site: • Two bus stops are on Del Obispo Street to the south of the project site, served by OCTA Bus 91. • One bus stop is at Del Obispo Street at Alipaz Street, also served by OCTA Bus 91 Additionally, the San Juan Capistrano station is approximately 500 feet from the project site, accessible via Los Rios Street or River Street and Paseo Adelanto. The San Juan Capistrano station is served by the regional rail service, Metrolink, with two lines operating from the station, the Orange County Line and the Inland Empire-OC Line. The station is also served by Amtrak and the Pacific Surfliner passenger rail line. Pedestrian The Modified Project would invite pedestrian activity through providing an accessible, family-oriented use to the area. As described in Chapter 3, Section 3.3.2.1, of the DEIR, the project is envisioned as a pedestrian-oriented development, as pedestrian access and circulation is a key component of the project. An enhanced pedestrian entrance to the project site would be provided from Los Rios Street, connecting to the current River Street. Historical depiction boards would also be located in this area, providing a logical pedestrian transition from the O’Neill Museum, which abuts the eastern site boundary. As part of the project, vehicular traffic along River Street would be prohibited by the use of split-rail fencing to be placed just east of the intersection with Paseo Adelanto, as well as retractable bollards in the northeastern end of the project site where River Street intersects Los Rios Street. River Street would be transitioned from the existing asphalt paved street to a decomposed granite path. An enhanced pedestrian path to the proposed common area and buildings would be provided between the Farmstead and Red Barn—the path would connect to the decomposed granite path of the former River Street. Patrons would also be able to safely and conveniently walk from the parking areas to the common area and buildings via the decorative aggregate paving of the parking areas. Additionally, a new public sidewalk would be constructed along Paseo Adelanto. Americans With Disabilities Act (ADA)-compliant parking and access pathways would be provided throughout the site. The proposed project would enhance pedestrian connectivity throughout the site and surrounding area, resulting in a beneficial impact to pedestrian facilities. Bicycle The City of San Juan Capistrano promotes bicycling as a means of mobility and a way in which to improve the quality of life within its community. As previously ENVIRONMENTAL FINDINGS OF FACT Page 138 of 144 described, Class I Bicycle paths in the vicinity of the project currently exist at the Robert McCollum Memorial Bicycle Trail, Trabuco Creek Trail and San Juan Creek Trail. Class II Bicycle routes currently exists along Del Obispo Street, Alipaz Street and Camino Capistrano. The Los Rios Specific Plan describes that the primary bicycle access to the area is via the Trabuco Creek trail. The Modified Project would not encroach onto existing bicycle facilities. Additionally, the development would provide sufficient right-of-way along Paseo Adelanto and River Street to accommodate bicyclists and access to Trabuco Creek Trail. The project would have a beneficial impact to bicycle facilities. 2. The Modified Project is consistent with the 2016-2040 RTP/SCS. Table 5.9-2 of the DEIR provides an assessment of the proposed project’s relationship to pertinent 2016–2040 SCAG RTP/SCS goals. The RTP/SCS goals are directed toward transit, transportation and mobility, and protection of the environment and health of residents. The table below demonstrates that the project is consistent with the goals identified in SCAG’s 2016-2040 RTP/SCS. Table Consistency with SCAG’s 2016–2040 RTP/SCS Goals RTP/SCS Goal Project Compliance with Goal RTP/SCS G1: Align the plan investments and policies with improving regional economic development and competitiveness. Not Applicable: This is not a project- specific goal and is therefore not applicable. RTP/SCS G2: Maximize mobility and accessibility for all people and goods in the region. RTP/SCS G3: Ensure travel safety and reliability for all people and goods in the region. RTP/SCS G4: Preserve and ensure a sustainable regional transportation system. RTP/SCS G5: Maximize the productivity of our transportation system. Consistent: Project implementation would ensure that mobility, accessibility, travel safety, and reliability for people and goods would be maximized. The vehicular and pedestrian improvements called for in the Specific Plan Amendment would be implemented and maintained to meet the needs of employees and patrons. Improvements are expected to increase pedestrian connectivity and visual experience; increase cyclist safety; and enhance site access. All modes of public and commercial transit throughout the project site would be required to follow safety standards set by state, regional, and local regulatory documents. The proposed project includes a number of elements necessary for pedestrian safety, including lighting and signage guidelines. ENVIRONMENTAL FINDINGS OF FACT Page 139 of 144 Table Consistency with SCAG’s 2016–2040 RTP/SCS Goals RTP/SCS Goal Project Compliance with Goal The proposed project recognizes the importance of the San Juan Capistrano Metrolink Station northeast of the project site. The project will enhance pedestrian connectivity at the project site, improving access to and from the station. A traffic impact analysis report was prepared for the proposed project and is included in its entirety in Appendix J1 of this DEIR. The findings, conclusions, and recommendations of the analysis are provided in Section 5.12, Transportation and Traffic . ENVIRONMENTAL FINDINGS OF FACT Page 140 of 144 Table Consistency with SCAG’s 2016–2040 RTP/SCS Goals RTP/SCS Goal Project Compliance with Goal RTP/SCS G6: Protect the environment and health of our residents by improving air quality and encouraging active transportation (non-motorized transportation, such as bicycling and walking). Consistent: The CEQA process ensures that non-exempt projects at all levels of government in California consider all potential environmental impacts. Air quality impacts are addressed in Section 5.2 of this DEIR. The reduction of energy use, improvement of air quality, and promotion of more environmentally sustainable development would be encouraged through the existing and proposed alternative transportation modes, sustainable building and landscaping design techniques, and other best management practices for structures and non-structures. An enhanced pedestrian entrance to the project site would be provided from Los Rios Street, connecting to the current River Street. Historical depiction boards would also be located in this area, providing a logical pedestrian transition from the O’Neill Museum, which abuts the eastern site boundary. As part of the project, vehicular traffic along River Street would be prohibited by the use of split-rail fencing just east of the intersection with Paseo Adelanto as well as retractable bollards in the northeast where River Street intersects Los Rios Street. River Street would be transitioned from the existing asphalt-paved street to a decomposed-granite path. An enhanced pedestrian path to the proposed common area and buildings would be provided between the Farmstead and Red Barn—the path would connect to the path of the former River Street. Patrons would also be able to safely and conveniently walk from the parking areas to the common area and buildings via the decorative aggregate paving of the parking areas. Additionally, a new public sidewalk would be constructed along Paseo Adelanto. Parking and access pathways throughout the site would comply with the ENVIRONMENTAL FINDINGS OF FACT Page 141 of 144 Table Consistency with SCAG’s 2016–2040 RTP/SCS Goals RTP/SCS Goal Project Compliance with Goal Americans With Disabilities Act (ADA). Project implementation would also maximize the protection of the environment and potential improvement of air quality by encouraging the use of the region’s public transportation system by creating retail and office opportunities for employment within a transit priority area within a quarter mile of the San Juan Capistrano Metrolink Station. A traffic impact analysis report was prepared for the proposed project and is included in its entirety in Appendix J1 of this DEIR. The findings, conclusions, and recommendations of the analysis are provided in Section 5.12, Transportation and Traffi c. RTP/SCS G7: Actively encourage and create incentives for energy efficiency, where possible. Consistent: Energy-saving and sustainable design features and operational programs would be incorporated into the proposed project, including those required by the California Green Building Standards Code (CALGreen; CCR, Title 24, Part 11). The project would also incorporate design features and attributes promoting energy efficiency and sustainability: • Redevelopment and revitalization of the project site promotes efficient use of scarce real property. Further, redevelopment and reuse of the site supports sustainable and efficient use of resources by taking advantage of currently available utilities and public services. To reduce water demands and associated energy use, the project uses would be required to implement a water conservation strategy and demonstrate a minimum 20 percent reduction in indoor water usage when compared to baseline water demand (total expected water demand without implementation of the water conservation strategy). Project uses would also be ENVIRONMENTAL FINDINGS OF FACT Page 142 of 144 Table Consistency with SCAG’s 2016–2040 RTP/SCS Goals RTP/SCS Goal Project Compliance with Goal required to implement: • A landscaping palette emphasizing drought-tolerant plants consistent with provisions of the State Model Water Efficient Landscape Ordinance and/or City requirements. • Water-efficient irrigation techniques consistent with City requirements. • US Environmental Protection Agency (EPA) Certified WaterSense or equivalent faucets, toilets, and other plumbing fixtures. RTP/SCS G8: Encourage land use and growth patterns that facilitate transit and active transportation. Consistent: See responses to RTP/SCS Goals G2 through G5. RTP/SCS G9: Maximize the security of the regional transportation system through improved system monitoring, rapid recovery planning, and coordination with other security agencies. Not Applicable: This is not a project- specific goal and is therefore not applicable. Source: SCAG 2016. 3. The Modified Project would restore and enhance a historical resource. As described in Section 5.4, Cultural Resources, of the DEIR, River Street, on the north boundary of the project site, is a contributor to the Los Rios Historic District and is a historical resource independent of the historic district’s status. Originally initiating at Los Rios Street and spanning west approximately four- miles to Dana Point, the pathway was a common transportation route for area settlers. Aerial imagery reveals that between 1946 and 1952 the route was compromised in the vicinity of present-day Paseo Adelanto, possibly caused by flooding from Trabuco Creek. The Trabuco Creek flood channel intersected the route in 1962. Between 1963 and 1967 a residential tract was constructed west of the flood channel and west of present-day Paseo Adelanto, therein eliminating the historic transportation route’s coastal connection. Because the unpaved four-mile route has been reduced to a paved 600-foot private drive, the integrity of River Street is severely compromised due to the removed connections west of Paseo Adelanto and as a result of the installation of asphalt paving over the natural surface materials that historically characterized the pathway; in other words the historical attributes of River Street in its present paved ENVIRONMENTAL FINDINGS OF FACT Page 143 of 144 configuration and location are virtually non-existent. The Modified Project intends to restore River Street to an unpaved road, consistent with its historic surface material, since decomposed granite (or other natural material) is closer to the natural surface materials that historically characterized the pathway. In other words, implementation of the project and removal of pavement from River Street improves the contributory nature of River Street to the district as a whole. 4. The Modified Project would create a significant economic benefit to the City of San Juan Capistrano. An economic impact analysis for the proposed project (Attachment A to these Findings of Fact) was conducted to provide a high-level analysis of the development in terms of job creation, economic output created, and impact on personal income in San Juan Capistrano during the period of construction through the first 10 years of operations. The development will inject cash into the local economy both from the construction of the facility and as a result of the business operations in the five structures. Revenues from operations of the Marketplace development are projected to increase from $9 million in its first year of operations to $28 million by its third year. Over the first 10 years of operations, revenues from operations are expected to total $170 million and average $19 million annually. The construction and operations of the project development are estimated to sustain 200 jobs on average in the City of San Juan Capistrano. The development is projected to create a cumulative total of $242 million in economic output over 11 years, amounting to an average increase of $24 million annually. Furthermore, the development is projected to create a cumulative total of $64 million in household earnings over 11 years, amounting to an average increase of $6 million annually. ENVIRONMENTAL FINDINGS OF FACT Page 144 of 144 Attachment A RIVER STREET MARKETPLACE ECONOMIC IMPACT Page 1 of 10 M E M O R A N D U M TO: Nicole Morse, Esq., Associate Principal Placeworks Phone: 714-966-9220 Email: nmorse@placeworks.com FROM: Andrew Chang, Managing Director Andrew Chang & Company, LLC Phone: 916-538-6091 Email: andrew.chang@AChangLLC.com RE: River Street Marketplace Economic Impact DATE: May 15, 2019 You have asked us to provide an economic impact analysis of Frontier Real Estate Investments’ proposed development of the River Street Marketplace in San Juan Capistrano, California. This memorandum provides a high-level analysis of the development in terms of job creation, economic output created, and impact on personal income in San Juan Capistrano during the period of construction through the first 10 years of operations utilizing generally accepted principles of economics.. Background: The River Street Marketplace development (Marketplace) will be a 64,900 square foot space consists of five structures. The Marketplace structure will house unique boutique retail businesses, including a juice bar, artisanal baked goods, farm fresh produce, gourmet cheeses, and specialty meats. The Mercantile structure will house retail businesses, restaurant, fitness studios, and office space. The Greenhouse structure will house restaurants and retail businesses. The Red Barn structure will house restaurants and/or brewery/winery, and the Farmstead structure will house only restaurants. The development site is a 5.6-acre parcel that is currently occupied by Ito Nursery, a commercial nursery. The proposed structures and planned use are exhibited in Table 1 below. ATTACHMENT A Page 2 of 10 Table 1 Marketplace Development Use Square Footage Structure Restaurant Retail Fitness Office Total Marketplace 7,960 15,140 - - 23,100 Mercantile 2,000 4,300 4,500 8,000 18,800 Greenhouse 6,300 4,600 - - 10,900 Red Barn 7,500 - - - 7,500 Farmstead 4,600 - - - 4,600 Total: 28,360 24,040 4,500 8,000 64,900 Summary of Economic Benefits: The Marketplace development is projected to produce the following economic benefits: • The construction and operations of the Marketplace development are estimated to sustain 200 jobs on average in the City of San Juan Capistrano. • The development is projected to create a cumulative total of $242 million in economic output over 11 years, amounting to an average increase of $24 million annually. • The development is projected to create a cumulative total of $64 million in household earnings over 11 years, amounting to an average increase of $6 million annually. Analysis: The Marketplace development will inject cash into the local economy both from the construction of the facility and as a result of the business operations in the five structures. To estimate economic impact, this analysis relies on economic multipliers provided by the US Bureau of Economic Analysis. In order to determine impact, this analysis estimates the change in final demand that will result from the development factored by the industry specific multipliers. There are two elements that are estimated to determine change in final demand – construction activity costs and ongoing revenue from businesses that will occupy the development. The City’s downtown and the River Street Marketplace provide intimate artisanal retail and dining offerings that do not compete with but rather complement each other. Given the strength of the local economy and the unique nature of the development facilities, the development is not expected to create urban decay impacts. Urban decay more commonly occurs when large big- box format discount retailers (e.g., Walmart) come into a market place and compete with locally- owned merchants. Estimated Construction Costs: Though there is variation in the construction costs for different construction type, we estimated the construction costs based on per foot construction costs for similar projects factored against Page 3 of 10 the size of the new developments. Table 2 below exhibits the comparable per square foot construction cost estimates used in this analysis. Table 2 Construction Cost Comparable Estimates (Per Square Foot) Type of Construction Low Median High Restaurant $237 $256 $277 Retail $185 $227 $281 Gym $417 $417 $417 Office $247 $247 $247 Source: RSMeans It should be noted that this analysis utilizes the Low estimates of the comparable cost estimates in an intentional effort to produce conservative estimates of economic impacts. In other words, this analysis tends to understate the actual economic benefits of the Marketplace development on the community. Actual economic impacts are likely greater. Table 3 exhibits the estimated construction costs of each structure in the Marketplace development. Table 3 Marketplace Development Estimated Construction Costs ($Thousands) Structure Restaurant Retail Fitness Office Total Marketplace $1,887 $2,801 $0 $0 $4,687 Mercantile $474 $796 $1,877 $1,976 $5,122 Greenhouse $1,493 $851 $0 $0 $2,344 Red Barn $1,778 $0 $0 $0 $1,778 Farmstead $1,090 $0 $0 $0 $1,090 Total: $6,721 $4,447 $1,877 $1,976 $15,021 Estimated Ongoing Revenues from Operations: Once again, though revenues will be driven by the specific offerings and business models of the occupying businesses, our revenue estimates per square foot are derived from the lower end of the comparable costs. Table 4 exhibits revenue per square foot of comparable businesses. Page 4 of 10 Table 4 Comparable Revenues (Per Square Foot) Industry Comparable Revenue per sq. ft. Restaurant Franchise Restaurant $545 Retail Consumer Retail $345 Fitness Fitness Studio $82 Office Professional Office $309 To account for ramp up and fluctuations in the business cycle, this analysis assumed that each business unit would grow to 80% utilization in the first three years and remain at an average of 80% capacity in 10 years of operations for which we estimate revenues. Given the current strong economy in the Southern California region, we believe this assumption is conservative and will tend to underestimate the actual economic impact. Actual economic benefits will likely be greater. Figure 1 below exhibits the estimated revenues from operations in the first ten years of operations. Figure 1 Marketplace Development Estimated Revenues from Operations Source: Table A-1 Page 5 of 10 Revenues from operations of the Marketplace development are projected to increase from $9 million in its first year of operations to $28 million by its third year. Over the first 10 years of operations, revenues from operations are expected to total $170 million and average $19 million annually. Economic Impact – Job Creation The Marketplace development’s impact on jobs in the region are derived by factoring the estimated change in final demand caused by the construction and the operations of the occupying businesses with the US Bureau of Economic Analysis’ jobs multipliers. Figure 2 below exhibits the resulting estimated impact of the Marketplace Development on jobs within San Juan Capistrano. Figure 2 Marketplace Development Impact on Jobs in San Juan Capistrano Source: Table A-2 The development is expected to support approximately 90 direct and indirect jobs during the construction phase. During the first year of operations, the development is projected to support approximately 70 jobs and grow to approximately 240 jobs by the third year of operations. Over the construction period and the first 10 years of operations, the development would support approximately 200 direct and indirect jobs on average. Page 6 of 10 Economic Impact – Economic Output Figure 3 exhibits the impact of the Marketplace Development on economic output within the region. Economic output reflects the value created through economic activity from the construction and the operations of the facility. As shown in Figure 3 below, the development is expected to generate approximately $19 million in economic activity during the construction phase. During the first year of operations, the development is projected to generate approximately $9 million in economic activity, growing to approximately $28 million by the third year of operations. Over the construction period and the first 10 years of operations, the development would generate approximately $242 million in economic activity, averaging at approximately $24 million annually. Figure 3 Marketplace Development Impact on Economic Output in San Juan Capistrano Source: Table A-3 Page 7 of 10 Economic Impact – Household Earnings Figure 4 exhibits the impact of the Marketplace Development on personal earnings within the region. Household Earnings reflects the earnings increase of county residents from the economic activity generated by construction and ongoing operations of the development. As shown in Figure 4, the development is expected to generate approximately $5 million in household earnings during the construction phase. During the first year of operations, the development is projected to generate approximately $2 million in earnings, growing to approximately $7 million by the third year of operations. Over the construction period and the first 10 years of operations, the development would generate approximately $64 million in earnings, averaging at approximately $6 million annually. Figure 4 Marketplace Development Impact on Household Earnings in San Juan Capistrano Source: Table A-4 Conclusion: In conclusion, the Marketplace project is expected to create significant economic benefit for the City of San Juan Capistrano. Benefits to the City and its community include the following: • Approximately 200 jobs; • $242 million in economic output over 11 years, amounting to an average of $24 million annually. • $64 million in household earnings over 11 years, amounting to an average increase of $6 million annually. Page 8 of 10 If you have any questions about this analysis, please contact me at andrew.chang@AChangLLC.com or 916-538-6091 ext. 1. Page 9 of 10 Appendix Table A-1 Estimated Fiscal Stimulus ($Thousands) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Construction $15,021 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenue from Ops Restaurant $0 $4,122 $8,243 $12,365 $12,365 $12,365 $12,365 $12,365 $12,365 $12,365 $12,365 Retail $0 $2,212 $4,423 $6,635 $6,635 $6,635 $6,635 $6,635 $6,635 $6,635 $6,635 Fitness $0 $98 $197 $295 $295 $295 $295 $295 $295 $295 $295 Office $0 $659 $1,318 $1,978 $1,978 $1,978 $1,978 $1,978 $1,978 $1,978 $1,978 Total $15,021 $7,091 $14,182 $21,273 $21,273 $21,273 $21,273 $21,273 $21,273 $21,273 $21,273 Table A-2 Estimated Jobs Impact 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Construction 89 0 0 0 0 0 0 0 0 0 0 Revenue from Ops Restaurant 0 50 100 149 149 149 149 149 149 149 149 Retail 0 23 47 70 70 70 70 70 70 70 70 Fitness 0 1 2 3 3 3 3 3 3 3 3 Office 0 5 10 15 15 15 15 15 15 15 15 Total 89 79 158 237 237 237 237 237 237 237 237 Page 10 of 10 Table A-3 Estimated Output Impact ($Thousands) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Construction $18,963 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenue from Ops Restaurant $0 $5,447 $10,894 $16,341 $16,341 $16,341 $16,341 $16,341 $16,341 $16,341 $16,341 Retail $0 $2,811 $5,622 $8,433 $8,433 $8,433 $8,433 $8,433 $8,433 $8,433 $8,433 Fitness $0 $119 $237 $356 $356 $356 $356 $356 $356 $356 $356 Office $0 $927 $1,855 $2,782 $2,782 $2,782 $2,782 $2,782 $2,782 $2,782 $2,782 Total $18,963 $9,304 $18,608 $27,913 $27,913 $27,913 $27,913 $27,913 $27,913 $27,913 $27,913 Table A-4 Estimated Earnings Impact ($Thousands) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Construction $4,802 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Revenue from Ops Restaurant $0 $1,426 $2,852 $4,278 $4,278 $4,278 $4,278 $4,278 $4,278 $4,278 $4,278 Retail $0 $719 $1,439 $2,158 $2,158 $2,158 $2,158 $2,158 $2,158 $2,158 $2,158 Fitness $0 $28 $56 $84 $84 $84 $84 $84 $84 $84 $84 Office $0 $295 $590 $884 $884 $884 $884 $884 $884 $884 $884 Total $4,802 $2,468 $4,936 $7,404 $7,404 $7,404 $7,404 $7,404 $7,404 $7,404 $7,404 16 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM (“MMRP”) April 2019 | Mitigation Monitoring and Reporting Program RIVER STREET MARKETPLACE PROJECT for City of San Juan Capistrano Prepared for: City of San Juan Capistrano Contact: David Contreras, Senior Planner 32400 Paseo Adelanto San Juan Capistrano, California 92675 949.443.6331 Prepared by: PlaceWorks Contact: Nicole Morse, Esq., Associate Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO Table of Contents April 2019 Page i Section Page 1. INTRODUCTION .............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM .................................................................. 1 1.2 PROJECT LOCATION .................................................................................................................................... 2 1.3 PROJECT DESCRIPTION .............................................................................................................................. 2 1.4 ENVIRONMENTAL IMPACTS ..................................................................................................................... 3 2. MITIGATION MONITORING REQUIREMENTS .............................................................................. 5 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION .......................................................... 5 List of Tables Table Page Table 1-1 Land Use Summary .............................................................................................................................. 3 Table 2-1 Mitigation Monitoring Requirements ................................................................................................ 7 RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO Table of Contents Page ii PlaceWorks This page intentionally left blank. April 2019 Page 1 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures outlined in the Draft Environmental Impact Report (DEIR) prepared for the River Street Marketplace Project (proposed project). The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of San Juan Capistrano Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted 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 or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) 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. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment 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 public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, 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 RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 1. Introduction Pa ge 2 PlaceWorks agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, 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 which 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 the 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. This MMRP will serve to document compliance with adopted/certified mitigation measures that are formulated to minimize impacts associated with development activities that would be accommodated by the proposed project. 1.2 PROJECT LOCATION The 5.86-acre project site is at the southeast corner of Paseo Adelanto and River Street, just north of Del Obispo Street in the City of San Juan Capistrano, Orange County. The site is generally bounded by River Street on the north, Los Rios Street on the east, Del Obispo Street on the south, and Paseo Adelanto on the west. The project site lies within the southern portion of the 40-acre area of the Los Rios Specific Plan. The project site consists of the following Assessor Parcel Numbers (APNs): 121-160-28, 121-160-22, and 121- 160-49. 1.3 PROJECT DESCRIPTION Development of the proposed project includes demolition of the existing single-story sales office, sheds, and various hardscape improvements associated with Ito Nursery, a commercial nursery operating onsite. Project development also requires removal of several trees, shrubs, and other landscape improvements throughout the project site, as well the existing chain-link fence that runs along the entire project boundary. Upon clearing, the 5.86-acre project site would be developed with the River Street Marketplace Project, a neighborhood-scale commercial and office development that highlights the agrarian history of the area. The project site would be developed with just under 65,000 square feet of commercial and office space in five buildings: Marketplace, Mercantile, Greenhouse, Red Barn, and Farmstead. Table 1-1 provides a summary of the square footage of the proposed commercial and office uses that would occupy these buildings. The overall design concept for the project depicts a complementary, pedestrian-oriented development, with outdoor seating and dining areas that incorporate a California native landscape palette throughout. RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 1. Introduction April 2019 Page 3 Table 1-1 Land Use Summary Land Use Square Footage Marketplace 23,100 Mercantile 18,800 Greenhouse 10,900 Red Barn 7,500 Farmstead 4,600 Total 64,900 The Marketplace building is the largest of the proposed buildings with a 20,200-square-foot main floor and a 2,900-square-foot basement. The Marketplace would provide patrons with a variety of unique boutique retail shopping offerings. Tenants may include a juice bar, artisanal baked goods, farm fresh produce, gourmet cheeses, and specialty meats. Onsite dining options may include specialty deli and sandwich shops, specialty food stalls, and craft beer and wine. The two-story Mercantile building would provide retail, restaurant, and fitness offerings on the ground floor (10,800 square feet), and office space on the second floor (8,000 square feet). The single-story Greenhouse would house approximately 10,900 square feet of restaurant and retail uses along the eastern portion of the site. The single-story, 7,500-square-foot Red Barn would house restaurant and/or brewery/winery uses in the northeast corner of the site. Along River Street, the single- story, 4,600-square-foot Farmstead would house restaurant uses in the northern portion of the site. 1.4 ENVIRONMENTAL IMPACTS The DEIR identified adverse impacts that would be potentially significant without mitigation, and recommended mitigation that would eliminate these impacts or reduce them to a less than significant level. 1.4.1 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened Seven environmental have been identified as having potentially significant impacts if the proposed project is implemented. These topics are:  Air Quality  Biological Resources  Cultural Resources  Noise  Transportation and Traffic  Tribal Cultural Resources  Utilities and Service Systems However, the DEIR also found that these impacts would be reduced, avoided, or substantially lessened through the implementation of mitigation measures (see Table 2-1). RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 1. Introduction Pa ge 4 PlaceWorks 1.4.2 Unavoidable Significant Adverse Impacts This DEIR identifies that there is one temporary significant and unavoidable adverse impact, as defined by CEQA, that would result from implementation of the proposed project. Unavoidable adverse impacts may be considered significant on a project-specific basis, cumulatively significant, and/or potentially significant. Where there are unavoidable adverse impacts, the City must prepare a “statement of overriding considerations” before it can approve the project, attesting that the decision-making body has balanced the benefits of the proposed project against its unavoidable significant environmental effects and has determined that the benefits outweigh the adverse effects, and therefore the adverse effects are considered acceptable. The impact that was found in the DEIR to be significant and unavoidable is:  Construction-related noise April 2019 Page 5 2. Mitigation Monitoring Requirements 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure identified in the DEIR, specifications are made herein that identify the action required and the monitoring and reporting that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. To effectively track and document the status of mitigation measures, a mitigation matrix has been prepared (see Table 2-1). Numbering in the table is consistent with that found in the DEIR. Environmental topics for which no significant impacts were identified have been omitted. RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Pa ge 6 PlaceWorks This page intentionally left blank. RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 7 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor 5.2 AIR QUALITY AQ-1 The construction contractor shall implement the following measure to reduce construction exhaust emissions during soil hauling activities associated with rough grading: • Hauling of soil generated from rough grading activities shall be limited to a maximum of 125 trucks per day (250 one-way haul trips per day if 16-cubic-yard trucks are used) assuming a one- way haul distance of 20 miles. If the one-way truck haul distance for export of soil from site preparation activities is greater than 20 miles, as identified by the contractor(s), hauling shall be restricted to no more than 5,000 miles per day. These requirements shall be noted on all construction management plans and verified by the City of San Juan Capistrano prior to issuance of any construction permits and during the soil disturbing phases. Submit construction management plan prior to issuance of grading permit Project applicant and construction contractor Development Services Director or designee AQ-2 During building construction, the construction contractor shall, at minimum, use paints with a maximum volatile organic compound (VOC) content of 50 grams per liter or less for all interior architectural coatings. This requirement shall be noted on all construction management plans verified by the City of San Juan Capistrano prior to issuance of any construction permits and during interior coating activities. Submit construction management plan prior to issuance of grading permit Project applicant and construction contractor Development Services Director or designee AQ-3 The construction contractor shall implement the following measure to reduce onsite construction-related fugitive dust emissions during asphalt demolition debris hauling activities: • Hauling of asphalt demolition debris shall be limited to a maximum of 14 trucks per day (28 one-way haul trips per day) assuming 16-cubic-yard trucks are used. Overall, the amount of asphalt demolition debris material hauled off-site shall be restricted to no more than 283 tons per day. These requirements shall be noted on all construction management Submit construction management plan prior to issuance of grading permit Project applicant and construction contractor Development Services Director or designee RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 8 PlaceWorks Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor plans and verified by the City of San Juan Capistrano prior to issuance of any construction permits and during the asphalt demolition hauling activities. 5.3 BIOLOGICAL RESOURCES BIO-1 Prior to issuance of permits for any construction activity, the project applicant shall demonstrate compliance with the federal MBTA and submit required nesting bird surveys to the City of San Juan Capistrano. If construction is proposed between January 15th to September 1st, a qualified biologist must conduct a nesting bird survey(s) no more than three days prior to initiation of construction activities to document the presence or absence of nesting birds in or adjacent to the project site. The preconstruction survey(s) will focus on identifying any raptors and/or passerines nests that may be directly or indirectly affected by construction activities. Construction outside the nesting season (between September 1st and January 14th) does not require pre-removal nesting bird surveys. Any nest permanently vacated for the season are not protected by the Migratory Bird Treaty Act. If active nests are documented, the following measures are required: • Species-specific measures, based upon the species found during the survey, shall be prepared by a qualified biologist and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of a nest shall be postponed until the young birds have fledged. A minimum exclusion buffer of 100 feet shall be maintained during construction, depending on the species and location. The perimeter of the nest setback zone shall be fenced or adequately demarcated with stakes and flagging at 20-foot intervals, and construction personnel and activities are restricted from the area. • A survey report by a qualified biologist verifying that no active nests are present, or that the young have fledged, shall be submitted to the City of San Juan Capistrano prior to initiation of grading in the nest-setback zone. The qualified biologist shall Submit bird survey prior to construction permits Project applicant Development Services Director RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 9 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor serve as a biological monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests, or any birds dwelling in such nests, shall occur. • A final report of the findings, prepared by a qualified biologist, shall be submitted to the City of San Juan Capistrano prior to construction-related activities that have the potential to disturb any active nests during the nesting season. 5.4 CULTURAL RESOURCES CUL-1 Prior to issuance of any permits allowing ground-disturbing activities for the River Street Marketplace project, the City of San Juan Capistrano shall ensure that an archeologist who meets the Secretary of the Interior’s Standards for professional archaeology has been retained for the project and will monitor all grading and other significant ground-disturbing activities. The Qualified Archaeologist shall ensure that the following measures are followed for the project: • Prior to any ground disturbance, the Qualified Archaeologist, or their designee, shall provide worker environmental awareness protection training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. The training can be in the form of a video or PowerPoint presentation. Printed literature (handouts) can accompany the training and can also be given to new workers and contractors to avoid the necessity of continuous training over the course of the project. • Prior to any ground disturbance, the applicant shall submit a Submit Project Monitoring Plan prior to grading permits Project applicant Development Services Director RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 10 PlaceWorks Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor written Project Monitoring Plan (PMP) to the City’s Development Services Director for review and approval. The monitoring plan shall include monitor contact information, specific procedures for field observation, diverting and grading to protect finds, and procedures to be followed in the event of significant finds. • During grading or trenching activities, a Native American monitor provided by the Juaneño Band of Mission Indians– Acjachemen Nation shall observe all grading and trenching activities below the original ground surface. The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during grading or trenching activities that may be considered sacred or important. • In the event that unanticipated cultural material is encountered during any phase of project construction, all construction work within 50 feet (15 meters) of the find shall cease and the Qualified Archaeologist shall assess the find for importance. Construction activities may continue in other areas. If the discovery is determined to not be important by the Qualified Archaeologist and the Native American monitor, work will be permitted to continue in the area. • If a find is determined to be important, additional investigation may be warranted, or the find can be preserved in place and construction may be allowed to proceed. • Additional investigation work can include scientific recording and excavation of the important portion of the find. • If excavation of a find occurs, the Qualified Archaeologist shall draft a report within 60 days of conclusion of excavation that identifies the find and summarizes the analysis conducted. The completed report shall be approved by the City’s RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 11 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor Development Services Director and filed with the County and with the South Central Coastal Information Center at California State University, Fullerton. • Excavated finds shall be curated at a repository determined by the Qualified Archaeologist in consultation with the Native American monitor and approved by the City. CUL-2 Prior to the issuance of any permits allowing ground-disturbing activities for the River Street Marketplace project, the City of San Juan Capistrano shall ensure that a paleontological monitor has been retained for the project. The paleontologist shall prepare a paleontological monitoring program. All grading and other significant ground-disturbing activities more than 3 feet below the ground surface will be monitored by a paleontological monitor. If any evidence of paleontological resources is discovered, the following measures shall be taken: • All below-grade work shall stop within a 50-foot radius of the discovery. Work shall not continue until the discovery has been evaluated by a qualified paleontologist. • A qualified paleontologist in coordination with the City shall assess the find(s) and determine if they are scientifically important. If the find(s) are of value then: • Scientifically important fossils shall be prepared by the paleontologist and/or his/her designee(s) to the point of identification, identified to the lowest taxonomic level possible, and curated in a museum repository with permanent, retrievable storage. • Significant paleontological resources found shall be preserved as determined necessary by the paleontological monitor. • Excavated finds shall be offered to the Los Angeles Submit Paleonto- logical Monitoring Plan prior to grading permits Project applicant Development Services Director RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 12 PlaceWorks Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor County Museum of Natural History or its designee for curation on a first-refusal basis. After which, finds shall be offered to an accredited and permanent scientific institution for the benefit of current and future generations. • Within 60 days of completion of the end of earth- moving activities, the paleontologist shall draft a report summarizing the finds and shall include the inspection period, an analysis of any resources found, and the present repository of the items. • The paleontologist’s report shall be approved by the City. Any resulting reports shall also be filed with the permanent scientific institution where the resources are curated. 5.10 NOISE N-1 Prior to the issuance of demolition, grading, and/or building permits, a construction noise mitigation plan shall be prepared by the project applicant and reviewed and approved by the City of San Juan Capistrano Director of Development Services and shall be noted on plans. The project applicant shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: • Construction activity is limited to the daytime hours between 7 AM and 6 PM (Monday through Friday) or between 8:30 AM and 4:30 PM (Saturdays) or at no time on Sundays or national holidays, as prescribed in the Municipal Code. • At least 30 days prior to commencement of demolition, notification of planned construction activities and scheduling shall be given to all residents or commercial entities adjacent to the project site. The notification shall include a brief description of the project, the activities that would occur, and the durations/hours of construction. The notification shall also Submit Construction Noise Mitigation Plan prior to issuance of demolition, grading, or building permits. Project applicant and construction contractor Director of Development Services RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 13 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor include the phone number of the construction superintendent. If the superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action to the reporting party and the City of San Juan Capistrano Director of Development Services. • A sign shall be posted on construction-zone fencing that is clearly visible to site passers-by and that includes a contact name and telephone number of the construction superintendent. If the superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action to the reporting party and the City of San Juan Capistrano Director of Development Services. • Erect a temporary noise barrier/curtain between residential receptors that (a) share a boundary with the project site and any project construction zones within 100 feet of the shared boundary and (b) when such a nearby construction zone will use any equipment items rated at 60 dBA or above per FTA Manual Table 12-1. The sound barrier shall be free of gaps and holes and must achieve a Sound Transmission Class (STC) of 35 or greater. The barrier can be (a) a ¾-inch-thick plywood wall or (b) a hanging blanket/curtain with a surface density or at least 2 pounds per square foot. For either configuration, the construction side of the barrier shall have an exterior lining of sound absorption material with a Noise Reduction Coefficient (NRC) rating of at least 0.7. • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers, air intake silencers, and engine shrouds that are no less effective than as originally equipped by the manufacturer. • Stationary construction equipment and material delivery (loading/unloading) areas shall be located as far as practicable from the residences. • Material stockpiling, staging of equipment and construction RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 14 PlaceWorks Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor trailers/offices shall be located as far as feasible from the residences. • Unnecessary engine idling shall be curtailed to no more than 10 minutes, to the extent feasible. • “Smart” back-up alarms, which automatically adjust the alarm level based on the background noise level, shall be employed on all trucks and construction vehicles or back-up alarms shall be disabled and replaced with human spotters. • The use of public address systems shall be limited to the extent feasible. • Grade-surface irregularities on the construction sites shall be minimized to the extent feasible. • Construction traffic shall be limited to the haul routes established by the City. 5.12 TRANSPORTATION/TRAFFIC TR-1 Prior to the issuance of grading permits, the project applicant shall prepare a Construction Traffic Management Plan in coordination with the City of San Juan Capistrano City Traffic Engineer. The Plan, at a minimum, shall include the following: • Ingress and egress for the construction traffic would be via Driveway 1 located along Paseo Adelanto with a flagman to provide ingress/egress from the project site to Del Obispo Street. • Restrict construction traffic on all local collector streets. • Traffic control for any street closure, detour or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e. lumber, tiles piping, windows, etc.), to access the site, traffic controls and detours and proposed construction phasing plan for the project. Submit Construction Traffic Management Plan prior to issuance of grading permits Project applicant City Traffic Engineer RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 15 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor • Identify parking needs and parking areas for construction related equipment and workman support. • Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. • Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked or blown onto adjacent streets or areas. • Hauling or transport of oversize loads will be allowed between the hours of 8:30 AM and 2:30 PM only, Monday through Friday, unless approved otherwise by the City Engineer. Hauling or transport may be permitted/required during nighttime hours, weekends or Federal holidays, at the discretion of the City Engineer. An approved Haul Route Permit will be required from the City. • Haul trucks entering or exiting public streets shall at all times yield to public traffic. • If hauling operations cause any damage to existing pavement, street, curb and/or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. • All constructed-related parking and staging of vehicles will be kept out of the adjacent public roadways and parking lots and will occur on-site. • This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of San Juan Capistrano requirements. RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 16 PlaceWorks Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor TR-2 Prior to the issuance of occupancy permits, the project applicant shall implement the following improvement to the Paseo Adelanto and Del Obispo Street intersection: • Restripe the southbound approach on Paseo Adelanto to provide a southbound (outbound) 18-foot shared left/through/right-turn lane and two (2) departure (inbound) lanes (one 12-foot lane and one 10-foot lane); and • Restripe the eastbound approach on Del Obispo Street to provide dual eastbound left-turn lanes with a minimum storage of 70-feet each lane and a 50-foot transition. In order to accommodate the recommended dual eastbound left- turn lanes on Del Obispo Street via the provision of two (departure) northbound receiving lanes on Paseo Adelanto, the one of two options shall be implemented: • Option 1: Eliminate the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto, and sign and stripe the curb lane as a right-turn lane into the project driveway. • Option 2: Widen the street along the west side of Paseo Adelanto, as necessary, and sign and stripe the curb lane as a right-turn lane into the project driveway to maintain the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto and/or existing lane configuration on the southbound approach of Paseo Adelanto at Del Obispo Street. Any additional right-of-way within the Orange County Flood Control parcel required to implement this improvement option, beyond that already proposed to construct a traffic circle at Paseo Adelanto and River Street, will require the project applicant to obtain approval from the Orange County Flood Control District. Re-striping of the Del Obispo Street at Paseo Adelanto intersection and improvements to Paseo Adelanto are subject to review and Construct improvements prior to issuance of occupancy permits Project applicant Public Works Department (Engineering Division) RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements April 2019 Page 17 Table 2-1 Mitigation Monitoring Requirements Mitigation Measure Method of Verification/ Timing Responsible Implementing Party Responsible Monitoring Party Document Location (Monitoring Record) Completion Date Responsible Monitoring Party Project Mitigation Monitor approval of the City of San Juan Capistrano Public Works/Engineering Department. 5.13 UTILITIES AND SERVICE SYSTEMS USS-1 Prior to issuance of building permits, the project applicant shall upsize pipe segment D15704 between manhole D10135 on Los Rios Street and manhole D11155 on Del Obispo, from 8 inch to 12 inch diameter pipe. Prior to upsizing the line, the project applicant and the City or applicable wastewater provider shall enter into a development reimbursement agreement for said improvements such that the applicant will be reimbursed for costs incurred in exceedance of its fair share contribution. Construct improvements prior to issuance of building permits Project applicant Public Works Department (Engineering Division) RIVER STREET MARKETPLACE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SAN JUAN CAPISTRANO 2. Mitigation Monitoring Requirements Page 18 PlaceWorks This page intentionally left blank.