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PC Resolution-23-12-13-01PC RESOLUTION NO. 23-12-13-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 2021110267) FOR THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT; ADOPT ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPT AN ORDINANCE APPROVING CODE AMENDMENT (CA) 22- 007 TO AMEND THE KINOSHITA FARM SPECIFIC PLAN (SP) 85-01, REZONE (RZ) 22-005 AND THE SK.ATEPARK AND TRAIL PROJECT (CIP 21201) WHEREAS, there has been long-standing demand in the City of San Juan Capistrano ("City") for a skatepark facility to be developed within the City; and WHEREAS, on May 4, 2021, the City Council initiated a Code Amendment to amend the Kinoshita Farm Specific Plan (SP 85-01) to allow a public skatepark and trail as allowed uses ("Code Amendment") and a Rezone (RZ) to change the property's current zoning from Agriculture/Specific Plan to Specific Plan ("Rezone"); and WHEREAS, plans have been developed for a City Skatepark and Trail Project (CIP 21201) that would include a 42,575 square foot public skatepark, playground, restroom building, raised berm seating, and landscaping on the southwest comer of the Kinoshita Farm property, as well as a new multi-use public trail that would connect The Farm residential development to the proposed skatepark and Camino Del A vion ("City Skatepark and Trail Project," "Code Amendment," and "Rezone" referred to collectively herein as the "Project"); and WHEREAS, the Project is proposed to be located on approximately 1.75 acres ofland at 32681 Alipaz Street (APN 121-190-57), San Juan Capistrano, California (hereafter referred to as "Project site") that is part of the larger City-owned, 28-acre property known as the Kinoshita Farm property; and WHEREAS, the Project requires various approvals from the City, including Code Amendment (CA) 22-007 to amend the Kinoshita Farm Specific Plan (SP) 85-01 to allow a public skatepark and trail as allowed uses and Rezone (RZ) 22-005 to rezone the Project site from Agri- Business (A)/Specific Plan (SP) to Specific Plan (SP); and WHEREAS, pursuant to Public Resources Code section 21067 of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA"), Section 15367 of 1 the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City's Local CEQA Guidelines, the City is the lead agency for the proposed Project; and WHEREAS, pursuant to CEQA and the State CEQA Guidelines, the City determined that an Environmental Impact Report ("EIR") should be prepared to analyze all potential adverse environmental impacts of the proposed Project; and WHEREAS, the City issued a Notice of Preparation ("NOP") for the Draft EIR on February 2, 2023, which was sent to each responsible agency, trustee agency, the Office of Planning and Research ("OPR"), and interested parties, including members of the public who had requested such notice; and WHEREAS, the City held a virtual public scoping meeting on February 23, 2023 to further solicit comments on the scope of the Draft EIR; and WHEREAS, on August 17, 2023, the City initiated a 45-day public review and comment period of the Draft EIR for the proposed Project and released the Draft EIR for public review and comment; and WHEREAS, pursuant to State CEQA Guidelines section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others during the 45-day public review and comment period; and WHEREAS, the City received one letter from a public agency, two letters from organizations, and sixteen letters from community members during the 45-day public review and commentperiod;and WHEREAS, the City has prepared a Final EIR, which includes comments received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions to the Draft EIR. For the purposes of this Resolution, the "EIR" shall refer to the Draft EIR, as revised by the Final EIR, together with the other sections of the Final EIR; and WHEREAS, the City has prepared certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which is incorporated herein by this reference; and WHEREAS, environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 2 of Exhibit A; and WHEREAS, environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section 3 of Exhibit A; and WHEREAS, environmental impacts identified in the EIR as significant and unavoidable even with the implementation of feasible mitigation are described in Section 4 of Exhibit A; and 2 WHEREAS, the cumulative impacts of the Project, identified in the EIR and set forth herein, are described in Section 5 of Exhibit A; and WHEREAS, the project will not result in any significant growth-inducing impacts as set forth in the EIR and further discussed in Section 6 of Exhibit A; and WHEREAS, an analysis of alternatives to the proposed Project as set forth in the EIR is further discussed in Section 7 of Exhibit A; and WHEREAS, all the mitigation measures identified in the EIR to substantially lessen the potentially significant impacts of the proposed Project are set forth in the Mitigation Monitoring and Reporting Program (MMRP) included as Exhibit B to this Resolution, attached hereto and incorporated herein; and WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings and hearings relating to the Project; and WHEREAS, the EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, the City has not received any comments or additional information that constituted substantial new information requiring recirculation of the EIR under Public Resources Code section 21092.1 or State CEQA Guidelines section 15088.5; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied by the City in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated; and WHEREAS, on December 13, 2023, the Planning Commission conducted a duly-noticed public hearing on the Project, at which all persons wishing to testify were heard; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred, THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DOES HEREBY FIND AND RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein by reference. SECTION 2. The Planning Commission hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The Planning Commission finds that the EIR reflects the independent judgment and analysis of the City. The Planning Commission declares that 3 no evidence of new significant impacts or any new information of "substantial importance" as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the Planning Commission hereby recommends that the City Council certify the EIR based on the entirety of the record of proceedings. SECTION 3. The Planning Commission recommends that the City Council consider and adopt the CEQA Findings of Fact pursuant to State CEQA Guidelines section 15091, and the Statement of Overriding Considerations pursuant to State CEQA Guidelines section 15093, both of which are attached hereto as Exhibit A and incorporated herein by this reference. SECTION 4. Pursuant to Public Resources Code section 21081.6, the Planning Commission recommends that City Council adopt the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference, and make implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 5. The Planning Commission has hereby considered Code Amendment (CA) 22-007, consistent with Exhibit C attached hereto, pursuant to Title 9, Section 9-2.309 of the Land Use Code of the City of San Juan Capistrano. The Planning Commission has found that the following findings can be made, and the Planning Commission recommends that the City Council adopt an ordinance approving Code Amendment 22-007 and making the following :findings: 1. Code Amendment 22-007 conforms with the goals and policies of the General Plan. Notably, Code Amendment 22-007 provides for the fulfilment of the General Plan's goals and policies, including Parks and Recreation Goal 1, which states: "Provide, develop, and maintain ample park and recreation facilities that provide a diversity of recreational activities;" Parks and Recreation Goal 2, which states: "Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities;" and Circulation Goal 3, which states: "Provide an extensive public bicycle, pedestrian, and equestrian trails network." 2. Code Amendment 22-007 is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare because the proposed amendment achieves the goals and polices of the General Plan for the reasons listed above. 3. Code Amendment 22-007 conforms with the intent of the Development Code and is consistent with other related provisions thereof. Notably, Code Amendment 22-007 provides that the existing and future land uses must conform to the Specific Plan. 4 4. Code Amendment 22-007 is reasonable and beneficial at this time. Notably, Code Amendment 22-007 would allow for the forthcoming City Skatepark and Trail Project (CIP 21202) public improvements. SECTION 6. The Planning Commission has hereby considered Rezone 22-005, consistent with Exhibit D attached hereto, pursuant to Title 9, Section 9-2.315, of the Land Use Code of the City of San Juan Capistrano. The Planning Commission determines that Rezone 22-005 is consistent with the below findings, and the Planning Commission thus recommends the City Council adopt an ordinance granting Rezone 22-005 and making the following findings: 1. The proposed zone change is consistent with the General Plan land use map and applicable goals and policies. Notably, the proposed zone change retains all current allowed uses on the subject property. The subject property currently has a dual zoning of Agriculture and Specific Plan. As farming and agricultural uses are currently allowed under the Specific Plan zoning, the zone change would remove the property's Agriculture zoning so that the zoning would only be Specific Plan. 2. The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix. Notably, the proposed amendment to the Official Zoning Map is consistent with the Title 9, Land Use Code provisions established by Article 1 and Table 2-1. Practically speaking, the proposed zone change maintains the existing allowed uses as agriculture uses are currently allowed under the Specific Plan. 3. The site of the proposed zone change is suitable for any of the land uses permitted within the proposed zone district pending approval of the recommended Code Amendment to allow a skatepark and public trail as permitted uses. All existing uses on the site of the proposed zone change comply with the land uses outlined in the Specific Plan. Any future development on the site will be required to comply with the Specific Plan. 4. The uses allowed by the proposed zone change are compatible with existing and planned uses on surrounding properties and the community in general because the existing and proposed land uses will be compatible with the land uses outlined in the Specific Plan, pending approval of the recommended Code Amendment. 5. The proposed zone change is reasonable and beneficial at this time because it will avoid confusion resulting from dual zoning designations on the same property while preserving farming and agriculture as primary uses allowed on the property. SECTION 7. The Planning Commission has considered the Project (CIP 21201) and reviewed project plans for conformity with the General Plan and consistency with the Land Use Code, surrounding community and Design Guidelines, and other applicable City 5 requirements pursuant to Title 9, Section 9-2.337 of the Land Use Code of the City of San Juan Capistrano. The Planning Commission recommends that the City Council approve the Project and make the following findings: 1. The Project is consistent with the goals, policies, and objectives of the General Plan, including the Parks and Recreation Element and Circulation Element, because the goals and policies of these Elements are substantially implemented through the Project. The Project is consistent with the following policies and objectives: Parks and Recreation Goal #1: Provide, develop, and maintain ample park and recreation facilities that provide a diversity ofrecreational activities. Policy 1.4: "Develop and maintain a balanced system of public and private recreational lands, facilities, and programs to meet the needs of the community." Policy 1.7: "Provide parkland improvements and facilities that are durable and economical to maintain." Parks and Recreation Goal #2: Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities. Policy 2.1: "Develop and expand the existing trails network that supports bicycles, pedestrians, and horses, and coordinate linkages with those networks of adjacent jurisdictions." Circulation Element Goal #3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Policy 3.1: "Provide and maintain an extensive trails network that supports bicycles, pedestrians, and horses and is coordinated with those networks of adjacent jurisdictions." The Project conforms to the General Plan Parks and Recreation Element because the project would deliver a new skatepark amenity, which was identified as a community priority as part of a citywide recreation needs assessment conducted in 2007. Moreover, the Project conforms with the General Plan Circulation Element because it includes a multiuse trail that would connect The Farm residential development to the project site, providing trail connection from Del Obispo Street to Camino Del A vion. Moreover, the Project conforms to the General Plan Parks and Recreation Element because of the high-quality, durable materials proposed to be used for the Project's construction. Additionally, the Project will be economical to maintain; notably, the City entered into a Cost Sharing and Cooperative Agreement with the City of Dana Point which states that Dana Point will contribute $25,000 annually to the maintenance costs of the future skatepark, once operational. 6 2. The City Skatepark and Trail Project plans are consistent with the Land Use Code, surrounding community and Design Guidelines, and other applicable City requirements as follows: General Design Issue/Principal 6: Richness of Details and Materials, which provides: "Building materials, surfaces, finishes, lighting and landscaping should be high quality. They should be designed and executed with a high degree of craftsmanship. Design features should be subtle, not ostentatious. High quality design standards should apply to all private as well as public projects ... " • The Project is consistent with General Design Issue/Principal 6 because it includes an agrarian themed color palette, seating areas, citrus trees and landscaping, durable concrete skatepark elements, and a playground structure that convey a sense of richness in materials and craftsmanship. General Design Issue/Principal 8: Linkages and Connections, which provides: "Site planning should maximize linkages and connections to surrounding public uses, activities, and pedestrian networks. Consideration should be given to creation of a hierarchy of pedestrian pathways and public spaces." • The Project includes a new multiuse public trail which will enhance the pedestrian access to the proposed skatepark, City's Community Center and sports fields, as well as The Ecology Center property. The Project further complies with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan because the Project is a major capital improvement project as defined in Section 9-2.337 of the Municipal Code. The Project complies with Section 9-2.337 because the Project has undergone required environmental review, the Project has been noticed in accordance with the Code, and the Parks, Recreation and Community Services Commission has reviewed the Project, and now the Planning Commission has reviewed the Project. For all of the foregoing reasons, the Planning Commission recommends that the City Council approve the Project. SECTION 8. The location and custodian of the documents and any other material that constitute the record of proceedings on which this Resolution has been based are located at the Development Services Department, 30448 Rancho Viejo Rd., # 110, San Juan Capistrano, CA 92675. The custodian for these records is the Development Services Department Administrative Specialist. This information is provided pursuant to Public Resources Code section 21081.6. 7 SECTION 9. The Planning Commission recommends that the City Council direct City staff to cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of approval of the Project. PASS ED, APPROVED and ADOPTED this 13th day of ecember 2023. D Joel Roja , Secretary 8 EXHIBIT "A" FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") provides that public agencies shall not approve or carry out a project for which an environmental impact report ("EIR") has been certified that identifies one or more significant adverse environmental effects of a project unless the public agency makes one or more written Findings for each of those significant effects, accompanied by a brief explanation of the rationale for each Finding (State CEQA Guidelines [Cal. Code Regs., tit. 14, § 15000 et seq.], § 15091). This document presents the CEQA Findings of Fact made by the City of San Juan Capistrano, in its capacity as the CEQA lead agency, regarding the City Skatepark and Trail Project (CIP 21201) evaluated in the Draft Environmental Impact Report ("Draft EIR") and Final Environmental Impact Report ("Final EIR") for the Project. SECTION 1: INTRODUCTION Pursuant to Section 15091 of the State CEQA Guidelines, where an EIR for a project determines that the project will have one or more significant environmental impacts, a public agency may only approve or carry out the project if the agency 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 avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the final EIR. 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. Resources Code,§ 21002. l(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. Resources 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." 1 (Jones v. UC. 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; see also Pub. Resources Code, § 21081(a)(3) ["economic, legal, social, technological, or other considerations" may justify rejecting mitigation and alternatives as infeasible].) Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leona.ff 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.) SECTION 2. FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS NOT REQUIRING MITIGATION Consistent with Public Resources Code section 21002.1 and State CEQA Guidelines section 15128, the EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for which it can be seen with certainty that there is no potential for significant adverse environmental impacts. State CEQA Guidelines section 15091 does not require specific findings to address environmental effects that an EIR identifies as "no impact" or a "less than significant" impact. Nevertheless, the City hereby finds that the Project would have either no impact or a less than significant impact to the following resource areas: A. AESTHETICS 1. Scenic Vistas Threshold: Would the Project have a substantial adverse effect on a scenic vista? Findings: Less than significant impact. (Draft EIR, p. 6-2.) Explanation: The structures associated with the skatepark and playground component would not obstruct views of the surrounding hillsides. Additionally, the proposed trail would provide an additional location in the City where residents and visitors can view these scenic resources. (Draft EIR, p. 6-3.) The Project's lighting fixtures would be tall enough to potentially be introduced into the views from the project site of the surrounding hillsides to the north, east, and west. However, the lighting fixtures would not screen or obstruct the views due to their size and the distance of the hills. Furthermore, the lighting fixtures would not interrupt any identified 2 scenic vistas. Upon completion of construction, the project would appear as a consistent visual extension of the existing recreational uses adjacent to the site and would not substantially contrast or be visually inconsistent with the surrounding area. The project would not remove or adversely affect existing scenic vantage points from the surrounding hillsides. When viewed from farther vantage points, the project would visually blend with the surrounding urban environment at distance. (Draft EIR, p. 6-3.) For these reasons and the reasons discussed in the EIR, the Project's impacts on scenic vistas would be less than significant, and no mitigation relating to this issue is required. (Draft EIR, p. 6-3.) 2. Scenic Resources within a State Scenic Highway Threshold: Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Findings: No impact. (Draft EIR, p. 6-3.) Explanation: There are no designated state scenic highways in the vicinity of the project site. Interstate 5 is considered eligible for state scenic highway designation and is located approximately 0.5 miles east of the site; however, due to intervening development and topography, the project site is not visible from this segment of I-5. For these reasons and for the reasons discussed in the EIR, the Project would not substantially damage scenic resources within a state scenic highway, and no impact would occur. (Draft EIR, p. 6-3.) 3. Existing Visual Character of the Site and Surrounding Area Threshold: Would the Project substantially degrade the existing visual character or quality of public views of the site and its surroundings or conflict with applicable zoning and other regulations governing scenic quality? Findings: No impact. (Draft EIR, pp. 6-3 through 6-4.) Explanation: The project is not located on a property that is designated for scenic value or open space, nor near any ridgelines identified for preservation. The proposed project is not adjacent to residential neighborhoods such that development of the project site would interrupt the character of a neighborhood. The project is proposed to be developed next to a park and community center open to the public, and a working farm used for education and civic engagement. As such, the project, which is intended for public use and recreation, would be consistent and compatible with adjacent land uses, and would not represent an intrusive or non-confirming use. Thus, the project would be consistent with the land use policies pertaining to the protection of scenic quality. The Ridgeline and Open Space Preservation District (defined in Municipal Code 9-3.4) was created to preserve scenic resources. The project site is not within a Ridgeline and Open Space Preservation overlay and therefore would not be subject to scenic resource-related regulations due to an overlay or special district. Development of the project would be subject to the goals and policies set forth in the General Plan and municipal code as they relate to scenic quality and aesthetics, as well as set forth in the Kinoshita Farm Specific Plan. (Draft EIR, p. 6-4.) For these reasons and for the reasons discussed in the EIR, the Project would not substantially degrade the existing visual 3 character or quality of public views of the site and its surroundings, nor would it conflict with applicable zoning and other regulations governing scenic quality. (Draft EIR, pp. 6-3 through 6- 4.) 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? Findings: Less than significant. (Draft EIR, p. 6-5.) Explanation: Under existing conditions, the project site is vacant and does not contain a source of light. Infrastructure to support future lighting would be installed as part of initial construction to allow lighting fixtures to be installed in a potential future phase. However, the project is located in an urban area with existing sources of nighttime lighting from roadways, residences, businesses, and recreational and institutional uses. In compliance with Section 9-3.529, Lighting Standards, of the City's Municipal Code, the average and/or maximum light illuminance, measured in foot candles, shall not exceed the recommended average or maximum guideline established for the proposed recreational use by the Illuminating Engineering Society. Additionally, outdoor recreation lighting shall be directed to areas within the property line to minimize glare in surrounding areas. Spillover and glare shall be minimized by using fixture cutoffs and optically controlled luminaries on all lighting fixtures (City of San Juan Capistrano 2021 a). As currently proposed, the proposed skatepark and playground hours of operation would be 8 :00 a.m. to sunset, year-round, and would not include any nighttime lighting. If onsite lighting is proposed in a future phase of the project, all lighting would be required to implement the Municipal Code lighting standards (Section 9-3.529). Lighting standards include design standards for lighting along pedestrian walkways, public facilities, and security lighting. Standards include minimum illuminance, lighting pole heights, lighting sources, and shielding. Required compliance with the City standards as established by the Municipal Code would ensure limited light spillover or light pollution if nighttime lighting is installed in the future. (Draft EIR, p. 6-5.) For these reasons, and for the reasons discussed in the EIR, the Project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. (Draft EIR, p. 6-5.) B. AGRICULTURE AND FORESTRY RESOURCES 1. Agricultural Zoning Threshold: Would the Project conflict with existing zoning for agricultural use, or with a Williamson Act contract? Finding: Less than significant impact. (Draft EIR, p. 4.1-5.) Explanation: The project site currently has a dual zoning of Agri-Business District (A) and Specific Plan (SP) 85-01. The project site's existing zoning does not limit the project site to only agricultural uses. Moreover, the Kinoshita Farm property, including the project site, is not under a 4 Williamson Act Contract. Accordingly, the project would not conflict with existing zoning for agricultural use or with a Williamson Act contract, and impacts relating to this issue would be less than significant. (Draft EIR, p. 4.1-5.) C. AIR QUALITY 1. Air Quality Plan Threshold: Would the Project conflict with or obstruct implementation of the applicable air quality plan? Findings: Less than significant impact. (Draft EIR, p. 6-5.) Explanation: The Project does not conflict with the 2022 Air Quality Management Plan (AQMP) for the South Coast Air Basin because the Project meets the SCAQMD criteria for determining consistency with the AQMP. For this reason, and for the reasons discussed in the EIR, the Project would not conflict with or obstruct implementation of the applicable air quality plan. (Draft EIR, pp. 6.5 through 6.6.) 2. Criteria Pollutant 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? Findings: Less than significant impact. (Draft EIR, p. 6-7 through 6-11.) Explanation: The project's maximum daily emissions would not exceed the SCAQMD thresholds for any criteria air pollutant during construction. (Draft EIR, p. 6-9.) Notably, the proposed project's maximum daily construction and operational emissions ofVOC, NOx, CO, SOx, PMlO, and PM2.5 would not exceed the SCAQMD's significance thresholds. (Draft EIR, pp. 6-10 through 6-11.) Therefore, the proposed project would not result in a cumulatively considerable increase in emissions of nonattainment pollutants, and impacts would be less than significant during construction and operation. 3. Sensitive Receptors Threshold: Would the Project expose sensitive receptors to substantial pollutant concentrations? Findings: Less than significant impact. (Draft EIR, pp. 6-11 through 6-15.) Explanation: Proposed construction activities would not generate emissions in excess of site-specific localized significant thresholds, and localized impacts of the proposed project would thus be less than significant. (Draft EIR, p. 6-12.) For this reasons and the reasons discussed in the 5 Draft EIR, impacts relating to this issue would be less than significant. (Draft EIR, pp. 6-11 through 6-15.) 4. Objectionable Odors Threshold: Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Findings: Less than significant impact. (Draft EIR, pp. 6-15 through 6-16.) Explanation: Impacts associated with odors during construction would be less than significant, as any potential odors generated from vehicles and equipment exhaust emissions during construction of the project would disperse rapidly from the project site and generally occur at magnitudes that would not affect substantial numbers of people. Moreover, the project would not create any new sources of odor during operation. Therefore, the potential for long-term operational emissions or odors would be less than significant. (Draft EIR, pp. 6-15 through 6-16.) 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? Findings: No impact. (Draft EIR, p. 4.2-6.) Explanation: The project site is currently undeveloped land used for agricultural purposes. No natural vegetation communities are present within the impact footprint. As a result, there would be no impact to riparian or sensitive vegetation communities. (Draft EIR, p. 4.2-6.) 2. Wetlands Threshold: Would the Project have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Findings: No impact. (Draft EIR, p. 4.2-6.) Explanation: There are no features within the project site that may be considered waters of the United States or waters of the State. This includes the absence of federally defined wetlands and other waters (e.g., drainages) and state-defined waters (e.g., streams and riparian extent). The project would be subject to the typical restrictions ( e.g., best management practices [BMPs]) and requirements that address erosion and runoff, including those of the Clean Water Act and National Pollutant Discharge Elimination System permit. With implementation of BMPs and permit conditions, no indirect impacts would occur. For these reasons and the reasons discussed in the 6 EIR, no direct or indirect impact to jurisdictional waters or wetlands would occur. (Draft EIR, p. 4.2-6.) 3. Wildlife Movement and Nesting/Migratory Birds Threshold: Would the Project interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? Findings: Less than significant impact. (Draft EIR, p. 4.2-6 through 4.2-7.) Explanation: The project site is currently undeveloped land used for agricultural purposes and is bounded by agricultural land to the north, agricultural land and the Ecology Center to the east, the City's Sports Park to the west, and Camino Del Avion and single-family homes to the south. Outside of the Kinoshita Farm Property, the surrounding area is predominantly urbanized. The project site is not connected to any of the nearby identified wildlife corridors; thus, construction on the project site would not result in direct or indirect impacts to nearby wildlife corridors. Furthermore, there is no habitat onsite that would support special status species. Due to the matrix of development surrounding the project site and the type of land cover on the project site, the project would not constrain natural wildlife movement in its vicinity. For these reasons and the reasons discussed in the EIR, project impacts to movement of wildlife species would be less than significant. (Draft EIR, pp. 4.2-6 through 4.2-7.) 4. Local Policies or Ordinances Protecting Biological Resources Threshold: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Findings: Less than significant impact. (Draft EIR, p. 4.2-7.) Explanation: Section 9-2.349, Tree Removal Permit, of the City's Municipal Code sets forth procedures for the care, preservation, maintenance, and removal of trees within the public right-of-way and on private property. The area of the project site proposed for the skatepark does not contain trees. However, trees and vegetation are located in the area for the proposed multi-use trail component; as such, it is anticipated that some trees may be removed prior to construction. Consistent with the City's tree ordinance, a tree removal permit would be obtained prior to the removal of any trees with a trunk diameter of 6 inches or greater located on site. Specifically, City facilities are subject to Section 9-2.349( c)(5),' of the City's Municipal Code which requires that parks or other City facilities shall conform to the applicable provisions of the Tree Removal Permit section of the Municipal Code (Section 9.2-349) regarding replanting requirements, acceptable tree species, and review by a qualified tree expert where required by the Planning Director to determine the viability of trees proposed for removal. The City will comply with the applicable provisions. Therefore, based on required compliance with the municipal code, impacts associated with tree removal or any other local policies or ordinances protecting biological resources would be less than significant. (Draft EIR, p. 4.2-7.) 7 5. Adopted 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? Findings: Less than significant impact. (Draft EIR, pp. 4.2-7 through 4.2-8.) Explanation: The project site does not contain communities of coastal sage scrub or other sensitive habitat and is not located within or adjacent to a wildlife corridor. Furthermore, the project site is not located within a proposed National Communication Conservation Plan reserve area. The project site is currently undeveloped land used for agricultural purposes and is located in an urban environment within a predominantly developed part of the City. For these reasons and the reasons discussed in the EIR, impacts associated with an adopted conservation plan would be less than significant. (Draft EIR, pp. 4.2-7 through 4.2-8.) E. CULTURAL RESOURCES 1. Historical Resources Threshold: Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? Findings: Less than significant impact. (Draft EIR, p. 4.3-6 through 4.3-7.) Explanation: There are no historical resources that overlap with the project site. The Congdon Residence, which is on the National Register of Historical Resources, is located in the northeast comer of the Kinoshita Farm property off Alipaz Street, approximately 630 feet northeast from the project site. In between the project site and the Congdon Residence are several intervening structures and features, including a one-story farmstand and workshop, shade structures, a barn, a greenhouse, landscaped areas, a parking lot, and agricultural fields. Given the distance and the other surrounding structures and farm-related features, the project is not considered in the immediate vicinity of the Congdon Residence and would not have an effect on the historic resource. For these reasons and the reasons discussed in the EIR, the project would have a less than significant impact on historical resources. (Draft EIR, p. 4.3-7.) F. ENERGY RESOURCES 1. Wasteful, Inefficient, or Unnecessary Consumption Threshold: Would the Project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Findings: Less than significant impact. (Draft EIR, p. 6-16.) 8 Explanation: The project does not involve wasteful, inefficient, or unnecessary consumption of energy resources during its construction or operational phases. For this reason and the reasons discussed in the EIR, the project would have a less than significant impact relating to this issue. (Draft EIR, p. 6-16.) 2. Conflict with Energy Plans Threshold: Would the Project conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Findings: Less than significant impact. (Draft EIR, p. 6-17.) Explanation: The project would not result in wasteful, inefficient, and unnecessary consumption of energy during construction or operation. Therefore, impacts associated with the potential of the project to conflict with a state or local renewable energy or energy efficiency plan would be less than significant. (Draft EIR, p. 6-17.) G. FORESTRY RESOURCES 1. Forestland Zoning Threshold: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined by 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. (Draft EIR, p. 6-17.) Explanatio·o: The project site and surrounding areas are not zoned for and do not contain any forest land or timberland. Therefore, the project would not conflict with or cause the rezoning or conversion of forest land or timberland. No impact would occur. (Draft EIR, p. 6-17.) 2. 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. (Draft EIR, p. 6-17.) Explanation: The project site and surrounding areas are not zoned for and do not contain any forest land or timberland. Therefore, the project would not conflict with or cause the rezoning or conversion of forest land or timberland. No impact would occur. (Draft EIR, p. 6-17.) 3. Conversion Threshold: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of forest land to non-forest use? 9 Finding: No impact. (Draft EIR, p. 6-17.) Explanation: The project site has a General Plan land use designation of Agri-Business and is zoned Agricultural-Business District (A)/Specific Plan (SP) 85-01. Neither the project site nor the surrounding areas are zoned for or contain any 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)). Therefore, the project would not conflict with zoning or cause the rezoning or conversion of forest land or timberland, either directly or indirectly. No impact would occur. (Draft EIR, p. 6-17.) H. GEOLOGY AND SOILS 1. Rupture of an Earthquake Fault Threshold: Would the Project directly or indirectly cause 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? Findings: Less than significant impact. (Draft EIR, p. 4.4-6.) Explanation: The project site is not located within an Alquist-Priolo Earthquake Fault Zone; the nearest fault zone (Newport Beach Fault Zone) is mapped approximately 21 miles northwest of the project site. Although the project is not located within a delineated earthquake fault zone, it is located within a seismically active region. Project construction and operation would not increase or exacerbate the potential for fault rupture to occur. Therefore, the project would not directly or indirectly cause potential adverse effects involving rupture of a known earthquake fault, and impacts would be less than significant. (Draft EIR, p. 4.4-6.) 2. Strong Seismic Ground Shaking Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk ofloss, injury, or death involving strong seismic ground shaking? Findings: Less than significant impact. (Draft EIR, p. 4.4-6.) Explanation: The proposed restroom facility would be constructed to comply with the most recent geologic, seismic, and structural guidelines including the most recent Uniform Building Code and the City's Seismic Hazard Mitigation Ordinance. The project would contain no habitable structures or other structural development intended for human occupancy. For these reasons and the reasons discussed in the EIR, the project would not directly or indirectly cause potential adverse effects involving strong seismic ground shaking, and impacts would be less than significant. (Draft EIR, p. 4.4-6.) 3. Seismic-Related Ground Failure and Liquefaction Threshold: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving seismic-related ground failure, including liquefaction? Findings: Less than significant impact. (Draft EIR, p. 4.4-6 through 4.4-7 .) Explanation: The project would result in a less than significant impact relating to liquefaction because the proposed project would be constructed to comply with the most recent geologic, seismic, and structural guidelines including the most recent Uniform Building Code and the City's Seismic Hazard Mitigation Ordinance. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 4.4-6 through 4.4-7 .) 4. Landslides Threshold: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk ofloss, injury or death involving landslides? Findings: Less than significant impact. (Draft EIR, p. 4.4-7.) Explanation: The project site is characterized by relatively flat or gently sloping terrain. Additionally, the project would contain no habitable structures or other structural development intended for human occupancy that would be located within or adjacent to identified landslide zones. For these reasons and the reasons discussed in the Draft EIR, the project would not directly or indirectly cause potential adverse effects involving landslides, and impacts would be less than significant. (Draft EIR, p. 4.4-7.) 5. Soil Erosion or Loss of Topsoil Threshold: Would the Project result in substantial soil erosion or the loss of topsoil? Findings: Less than significant impact. (Draft EIR, p. 4.4-7.) Explanation: The project's compliance with the City's Municipal Code would effectively address erosion potential. Section 8-2.15 of the Municipal Code defines erosion control and water quality requirement systems that projects must implement to reduce erosion impacts. The Municipal Code adopts the latest California Building Code, for the purpose of prescribing regulations for grading and excavations, and the Municipal Code establishes a process for acquiring grading and building permits, which include provisions for implementation of erosion control measures. Section 8-2.06.02 defines an erosion control system as " ... a combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters form an abnormal deposition of sediment or dust." As established by Section 8-2.15(g), no grading work will be allowed on any single grading site under permit unless an erosion control system has been approved. Upon completion of construction, the project would introduce impervious surfaces to the site that would 11 help to stabilize on-site soils. For these reasons and the reasons discussed in the EIR, the project would not result in a significant impact relating to this issue. (Draft EIR, p. 4.4-7.) 6. Soil Stability 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? Findings: Less than significant impact. (Draft EIR, pp. 4.4-7 through 4.4-8.) Explanation: The project site will not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. The project site is located on relatively flat terrain, and it is not adjacent to an excavation, channel, or body of water that would make it susceptible to lateral spreading. For these reasons and the reasons discussed in the EIR, impacts associated with landslide, lateral spreading, subsidence, or liquefaction would be less than significant. (Draft EIR, pp. 4.4-7 through 4.4-8.) 7. Expansive Soil Threshold: Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Findings: Less than significant impact. (Draft EIR, p. 4.4-8.) Explanation: Project construction and operation would not increase or exacerbate the potential for soils to expand or contract, because it would not alter the condition of the underlaying soils. Moreover, the project would contain no habitable structures or other structural development intended for human occupancy such that substantial risk to life or property would occur. In addition, compliance with the City's building and grading codes would further address any expansive soil potential. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 4.4-8.) 8. Septic Tanks Threshold: Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Findings: No impact. (Draft EIR, p. 4.4-8.) Explanation: The project does not include the use of septic tanks. No impact would occur. (Draft EIR, p. 4.4-8.) 12 I. GREENHOUSE GAS EMISSIONS 1. Greenhouse Gas Emissions Threshold: Would the Project generate greenhouse gas emissions ("GHGs"), either directly or indirectly, that may have a significant impact on the environment? Findings: Less than significant impact. (Draft EIR, p. 6-17 through 6-21.) Explanation: The Project would not generate significant GHG emissions. The Project's estimated annual project-generated operational GHG emissions and amortized construction emissions would be approximately 195 MT CO2e per year, far below the SCAQMD's threshold of significance of 3,000 MT CO2e per year. For these reasons and the reasons discussed in the EIR, the project's GHG contribution would not be cumulatively considerable and is less than significant. (Draft EIR, p. 6-21.) 2. Conflicts with Applicable Plans, Policies, and Regulations Threshold: Would the Project conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Findings: Less than significant impact. (Draft EIR, pp. 6-21 through 6-25.) Explanation: The project does not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. As set forth in the EIR, the project does not conflict with CARB's Climate Change Scoping Plan, SCAG's 2020-2045 RTP/SCS, or SB 32. (Draft EIR, p. 6-24.) Notably, the proposed project is anticipated to generate GHG emissions far below SCAQMD's recommended threshold of 3,000 MT CO2e per year for non-industrial projects. For these reasons and the reasons discussed in the EIR, impacts relating to this issue would be less than significant. (Draft EIR, p. 6-24 through 6-25.) J. HAZARDS AND HAZARDOUS MATERIALS 1. Transport, Use, or Disposal of Hazardous Materials Threshold: Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? And, would the project create a significant hazard to the public through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Findings: Less than significant impact. (Draft EIR, p. 6-25.) Explanation: Construction and operation of the project would require the use of gasoline, diesel fuel, lubricants, and other petroleum-based products used to operate and maintain construction and maintenance equipment and vehicles, as well as household cleaning products, degreasers, paints, and fertilizers for ongoing maintenance. The materials used would not be in such quantities or stored in such a manner as to pose a significant safety or environmental hazard. 13 Operation of the project would include use of minor quantities of paints, lubricants, cleaning materials, and landscaping maintenance materials. Handling, storage, and disposal of these materials would comply with all federal, state, and local requirements. For these reasons and the reasons discussed in the EIR, impacts associated with hazardous materials would be less than significant. (Draft EIR, p. 6-25.) 2. Acutely Hazardous Materials within ¼ Mile of an Existing or Proposed School 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? Findings: Less than significant impact. (Draft EIR, p. 6-25.) Explanation: The nearest school, Kinoshita Elementary School, is located approximately 530 feet west of the project site. Additionally, Marco Forster Middle School is located 0.22 miles west from the project site, and Del Obispo Elementary School is located 0.29 miles west from the project site. The project would not create a significant hazard from routine use or reasonably foreseeable upset/accident conditions of hazardous materials. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-25.) 3. Hazardous Materials Sites Threshold: Would the Project be located on a site that 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? Findings: Less than significant impact. (Draft EIR, p. 6-26.) Explanation: The project site would not be located on a site that is located on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. For these reasons and the reasons discussed in the EIR, impacts associated with this issue would be less than significant. (Draft EIR, p. 6-26.) 4. Public Airports and Private Airstrips 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 result in a safety hazard or excessive noise for people residing or working in the project area? Findings: No impact. (Draft EIR, p. 6-26.) Explanation: The closest public airport to the project site is John Wayne Airport, which is located approximately 17 miles northwest of the project site. The project site is located outside of any airport impact zones, and as such, the project would not result in a safety hazard for people 14 residing in the project area. For these reasons and the reasons discussed in the EIR, no impact associated relating to this issue would occur. (Draft EIR, p. 6-26.) 5. Emergency Access Threshold: Would the Project impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? Findings: Less than significant impact. (Draft EIR, p. 6-26.) Explanation: The project would not adversely affect operations on the local or regional circulation system, and as such, would not impact the use of these facilities as emergency response routes. For these reasons and the reasons discussed in the EIR, impacts associated with an emergency response plan or emergency evacuation plan would be less than significant. (Draft EIR, p. 6-26.) 6. Wildland Fires Threshold: Would the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Findi ngs: Less than significant impact. (Draft EIR, pp. 6-26 through 6-27.) Explanation: The project site is not located within a Wildfire Severity Zone that may contain substantial fire risk. Further, the project site is surrounded by existing development in an urbanized portion of the City. For these reasons and the reasons discussed in the EIR, impacts associated with wildland fire hazards would be less than significant. (Draft EIR, pp. 6-26 through 6-27.) K. HYDROLOGY AND WATER QUALITY 1. Compliance with Water Quality Standards Threshold: Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Findings: Less than significant impact. (Draft EIR, p. 6-27.) Explanation: Compliance with existing regulatory requirements would ensure that the Project would not violate any water quality standards or waste discharge requirements, and would further ensure the project would not otherwise substantially degrade surface or ground water quality. Per City Municipal Code Chapter 4, Water Quality Regulations, Section 8-14.105, all development projects within the City must be undertaken in compliance with all applicable requirements oflocal ordinances, including the Orange County Drainage Area Management Plan, (DAMP), the City's Stormwater Jurisdictional Runoff Management Plan (JRMP), and any applicable requirements for coverage under the State's General Construction NPDES permit. These requirements would ensure that construction of the project would not result in the movement 15 of unwanted material into waters within or outside the construction site. Coverage under the State's General Construction NPDES permits requires dischargers to eliminate nonstormwater discharges to stormwater systems, develop and implement a SWPPP, and perform monitoring of discharges to stormwater systems. These requirements would ensure that construction of the project would not result in the movement of unwanted material into waters within or outside the construction site. Upon completion of construction, the project would introduce impervious surfaces to the site that would help to stabilize on-site soils. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-27.) 2. Groundwater Supplies Threshold: Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Findings: Less than significant impact. (Draft EIR, pp. 6-27 through 6-28.) Explanation: The project site is located in the San Juan Valley Groundwater Basin (Basin). The Basin underlies the San Juan Valley and several tributary valleys in southern Orange County. Recharge of the Basin is from flow in San Juan Creek, Oso Creek, and Arroyo Trabuco and precipitation to the valley floor. While construction of project would introduce more impervious surface to the project site, the project site makes up a small portion of the parcel the project site is located on. Areas to the north and east of the site would remain pervious. Additionally, the project would include landscaped areas that would allow for water to percolate into the soil. Furthermore, the project would not require groundwater during construction or operation activities. For these reasons and the reasons discussed in the EIR, impacts to groundwater supplies and recharge would be less than significant. (Draft EIR, pp. 6-27 through 6-28.) 3. Existing Drainage Patterns 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 through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on-or off- site? Findings: Less than significant impact. (Draft EIR, p. 6-28.) Explanation: The project site is currently vacant, undeveloped land that has been and is currently used for orchard and crop farming. Project construction would involve site preparation, some additional grading, and trenching, which may temporarily expose soils to increased erosion potential and loss of topsoil. The project would be required to comply with the applicable sections of Chapter 14, Water Quality Regulations, of the City's Municipal Code. Section 8-2.15 defines erosion control and water quality requirement systems that projects would implement to reduce erosion impacts. Upon completion of construction, the project would introduce impervious surfaces to the site that would help to stabilize on-site soils. As a result, the project would not result 16 in new or more severe conditions that would allow for soil erosion to occur. Therefore, impacts would be less than significant. (Draft EIR, p. 6-28.) 4. Surface Runoff and Flooding 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 through the addition of impervious surfaces, in a manner that would substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or offsite? Findings: Less than significant impact. (Draft EIR, p. 6-28.) Explanation: The project would introduce impervious area to the site. Although the project would result in some change to the existing drainage pattern of the site, the new proposed impervious surfaces would be minor and are of such a small size (i.e., less than 1 acre) that they would not substantially change or increase the rate or amount of surface runoff during storm events. Additionally, storm drains located along Camino Del Avion would collect any surface runoff that enters the street. Further, according to Flood Insurance Rate Map Panel 06037C1955F as produced by the Federal Emergency Management Agency (FEMA), the project site is located within FEMA-designated Flood Hazard Zone X, which is not within either the 100-or 500-year flood hazard area. Therefore, impacts would be less than significant. (Draft EIR, p. 6-28.) 5. Stormwater Drainage System Capacity and Polluted 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 through the addition of impervious surfaces, in a manner that would create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Findings: Less than significant. (Draft EIR, p. 6-28.) Explanation: With implementation of the project, the flow patterns of the site will largely remain the same. For this reason and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-28.) 6. Flood Flows 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 through the addition of impervious surfaces, in a manner which would impede or redirect flood flows? Findings: Less than significant impact. (Draft EIR, p. 6-28.) Explanation: As stated above, the project site is located within FEMA designated Flood Hazard Zone X, which is not within either the 100-or 500-year flood hazard area. Impacts would be less than significant. (Draft EIR, p. 6-28.) 17 7. Natural Hazards Threshold: In flood hazard, tsunami, or seiche zones, would the Project risk release of pollutants due to project inundation? Findings: Less than significant impact. (Draft EIR, p. 6-29.) Explanation: The project site is located approximately 2.8 miles inland from the Pacific Ocean. Additionally, as previously discussed, the project site is located within FEMA-designated Flood Hazard Zone X, which is not within either the 100-or 500-year flood hazard area. For these reasons and the reasons discussed in the EIR, impacts associated with tsunami, seiche, or flooding would be less than significant. (Draft EIR, p. 6-29.) 8. Conflict with Water Quality Control Plan or Sustainable Groundwater Management Plan Threshold: Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Findings: Less than significant impact. (Draft EIR, p. 6-29.) Explanation: The project would not conflict with or obstruct applicable water quality plans. Additionally, the project would not use or interfere with groundwater recharge or use. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-29.) L. LAND USE AND PLANNING 1. Divide an Established Community Threshold: Would the Project physically divide an established community? Findings: No impact. (Draft EIR, p. 4.5-3.) Explanation: The project would not create a physical division of an existing community and would not result in removal of a means of access. Therefore, no impact would occur. (Draft EIR, p. 4.5-3.) 2. Applicable Land Use Plans, Policies, or Regulations Threshold: Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Findings: Less than significant impact. (Draft EIR, p. 4.5-3 through 4.5-7.) 18 Explanation: The project would not cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The General Plan contains several goals and policies that address land use and planning and are applicable to the project. The project would not conflict with applicable land use policies, as explained in further detail in the EIR. For these reasons and the reasons discussed in the EIR, impacts relating to this issue would be less than significant. (Draft EIR, p. 4.5-3 through 4.5-7.) M. MINERAL RESOURCES 1. Known Mineral Resources Threshold: Would the Project result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? And, 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? Findings: Less than significant. (Draft EIR, p. 6-29.) Explanation: The project site is located in a predominately urbanized portion of the City and is bound by existing development to the south and west. Land to the north and east is currently used for agricultural use. Mineral resource mining is not a compatible use with existing surrounding land uses. Additionally, the project site is not large enough to extract mineral resources effectively. Considering the existing surrounding land uses and the incompatibility of mineral resource extraction activities in the project area, any potential significant mineral resources within the project area are considered unavailable for extraction. For these reasons and the reasons discussed in the EIR, impacts associated with mineral resources would be less than significant. (Draft EIR, p. 6-29.) N. NOISE 1. Groundborne Vibration Threshold: Would the Project result in generation of excessive groundbome vibration or groundbome noise levels? Findings: Less than significant impact. (Draft EIR, p. 4.6-10.) Explanation: Construction vibration as a result of the project would not result in structural building damage, which typically occurs at vibration levels of 0.5 inches per second (ips) peak particle velocity (PPV) or greater for buildings of reinforced-concrete, steel, or timber construction. Older residential homes are expected to have a damage risk threshold of 0.3 ips PPV from continuous or frequently intermittent sources of groundbome vibration. The heavier pieces of construction equipment expected to be involved for this type of project, such as backhoes, have a reference PPV of 0.089 ips at a distance of 25 feet. Pile driving, blasting, and other special construction techniques would not be used for construction of the project; therefore, excessive 19 groundbome vibration and groundbome noise would not be generated, since the 0.089 ips PPV would attenuate to a value of just 0.013 ips PPV at 90 feet-the approximate distance to the nearest existing home from the project southern boundary-and thus be far below these building damage risk thresholds. Furthermore, 0.013 ips PPV is much lower than 0.2 ips PPV, which Caltrans guidance considers sufficient to "annoy" building occupants. On these bases, construction- attributed groundbome vibration would be considered a less than significant impact. Operation of the project would not result in any substantial sources of groundbome vibration, and their magnitudes would dissipate geometrically with distance as would temporary construction-related sources of vibration. Therefore, impacts would be less than significant. (Draft EIR, p. 4.6-10.) 2. Private/Public AirportsThreshold: For a project located within the vicinity of a private airstrip or 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? Findings: No impact. (Draft EIR, p. 4.6-11.) Explanation: The closest public airport to the project site is John Wayne Airport, which is located approximately 17 miles northwest of the project site. According to the Land Use Plan for the John Wayne Airport, the project is not located within an impact zone and is outside the airport planning area. The project site is located outside of any airport impact zones, and as such, the project would not result in a safety hazard for people residing in the project area. Therefore, no impacts associated with exposing people residing or working in the project to excessive noise levels would occur. (Draft EIR, p. 4.6-11.) 0. POPULATION AND HOUSING 1. Induce Substantial Growth Threshold: Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Findings: No impact. (Draft EIR, p. 6-30.) Explanation: The project would construct a skatepark. The project would not introduce residential uses or businesses to the project area and would not directly or indirectly lead to unplanned population growth. For these reasons and the reasons discussed in the EIR, no impact would occur. (Draft EIR, p. 6-30.) 2. Displacing Housing and People Threshold: Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Findings: No impact. (Draft EIR, p. 6-30.) 20 Explanation: A significant impact would occur if the project would induce substantial population growth that would not have otherwise occurred as rapidly or in as great a magnitude, or if the project would displace substantial numbers of existing people or housing. The project would construct a skatepark presumed to be utilized by residents in the City. The project would not introduce residential uses nor businesses to the project area and would not directly or indirectly lead to unplanned population growth. Additionally, the project would not displace existing housing or require the construction of replacement housing. Therefore, no impact would occur. (Draft EIR, p. 6-30.) P. PUBLIC SERVICES 1. Fire Protection Services Threshold: Would the proposed Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or a 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 services? Findings: Less than significant impact. (Draft EIR, pp. 6-30 through 6-31.) Explanation: The project would not propose any habitable structures or a use that would induce population growth. The project would not change local fire protection response times or affect demand for fire protection services in the project area. For these reasons and the reasons discussed in the EIR, impacts associated with fire protection services would be less than significant. (Draft EIR, p. 6-31.) 2. Police Services Threshold: Would the proposed Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or a 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 services? Findings: Less than significant impact. (Draft EIR, p. 6-31.) Explanation: The project would not propose any habitable structures or a use that would induce population growth. The project would not change local police protection response times or affect demand for police protection services in the project area. For these reasons and the reasons discussed in the EIR, impacts associated with police protection services would be less than significant. (Draft EIR, p. 6-31.) 3. Schools Threshold: Would the proposed Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or a need for 21 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? Findings: No impact. (Draft EIR, p. 6-31.) Explanation: The project does not involve a housing component that would result in population growth and increased demands on existing schools within the area. Therefore, no impact to schools would occur. (Draft EIR, p. 6-31.) 4. Parks Threshold: Would the proposed Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or a 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 parks? Findings: Less than significant impact. (Draft EIR, pp. 6-31 through 6-32.) Explanation: The project would develop a skatepark, and thereby increase and improve recreational services available in the community. Environmental impacts that would occur as a result of the project are analyzed throughout the EIR. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, pp. 6-31 through 6-32.) 5. Other Public Facilities Threshold: Would the proposed Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or a 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 other public facilities? Findings: No impact. (Draft EIR, p. 6-32.) Explanation: The project would not involve a housing component or increase employment opportunities that would result in population growth within the City. Therefore, additional demands on other public facilities, such as library or health care services would not occur as a result of project implementation, and no impact would occur. (Draft EIR, p. 6-32.) 22 Q. RECREATION 1. Existing Facilities Threshold: Would the proposed 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? Findings: No impact. (Draft EIR, p. 6-32.) Explanation: The project would develop a skatepark and thus increase and improve recreational services available in the community. For these reasons and the reasons discussed in the EIR, no impacts regarding the increased use of existing neighborhood and regional parks would occur. (Draft EIR, p. 6-32.) 2. New Recreational Facilities Threshold: Does the Project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Findings: Less than significant impact. (Draft EIR, p. 6-32.) Explanation: The project would develop new recreational facilities, including a skatepark, a playground, and recreational trail. The project's environmental impacts are analyzed throughout this EIR. For these reasons and the reason discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-32.) R. TRANSPORTATION 1. Consistency with Circulation Performance Plans Threshold: Would the Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Findings: Less than significant impact. (Draft EIR, p. 4.7-4 through 4.7-"5.) Explanation: The project would generate temporary construction traffic, which would cease upon completion of construction. The project proposes approximately 42,575 square feet of recreational space that would consist of a new skatepark. The project would not include parking. Visitors would be able to use the existing Community Center and Sports Park Complex parking lot or park along Camino Del A vion. Relevant programs, policies, or plans for the Project site would include the General Plan, the OCTA CBSP and CMP plans, and the Municipal Code. The General Plan seeks to maintain and enhance multimodal transportation options through goals and policies (listed above in section 4.7.2). the proposed Project would include short-term bicycle storage as part the skatepark design. The Project site is in close proximity to bike trails or paths, including a Class II bike lane along Alipaz Street, a Class II and III bike lane along Del Obispo Street, and a multi-use trail the San Juan Creek Trail. Access to the Project site would be available 23 from these bike lanes and trails and the connected trail system. As described in Chapter 3 of the EIR, the project proposes onsite bicycle racks to facilitate bicycle transit to and from the skatepark for future users and onsite signage providing information on alternative transportation options to the site. In addition, the proposed project is approximately 1.12 miles southwest of the San Juan Capistrano Station which provides public transit services. The project site would be accessible from the San Juan Capistrano Station via rideshare, bus, car, and bicycle as the Amtrak and Metro link trains as well as the OCT A buses have bicycle racks. The available infrastructure in the project area would allow for multimodal transit to and from the proposed project site, and would not conflict with the applicable plans, goals, and policies. Moreover, the implementation of the proposed project would not prevent the future implementation of planned bikeways or their circulation infrastructure. Lastly, the project does not propose development of onsite vehicle parking facilities, consistent with the City's Municipal Code (Section 9.3.535), which does not include parking requirements for parks. The proposed project would be integrated into the existing Community Center and Sports Park Complex, which includes an existing parking lot containing 228 parking stalls, 11 of which are accessible to persons with disabilities pursuant to the Americans with Disabilities Act (ADA) (1990). Due to the parking available in the existing parking lot as well as street parking along the north side of Camino Del A vion, there is sufficient opportunity for parking available. As such, the project is consistent with the provisions of the Municipal Code Section 9.3.535. Accordingly, the project would not conflict with any plans or ordinances pertaining to the City's circulation system. Impacts would be less than significant. (Draft EIR, p. 4.7-4 through 4.7-5.) 2. Vehicle Miles Traveled ("VMT") Impacts Threshold: Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Findings: Less than significant impact. (Draft EIR, pp. 4.7-5 through 4.7-6.) Explanation: The project is estimated to generate a total of 193 daily trips, with 6 AM peak hour trips and 29 PM peak hour trips. The trips generated by the project would be less than the City's minimum trip threshold screening criteria of 200 weekday daily trips; the project is therefore presumed to have a less than significant VMT impact. Because the project would not generate significant trips or VMT, it would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b), and impacts would be less than significant. (Draft EIR, p. 4.7-6.) 3. Transportation Hazards Threshold: Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Findings: Less than significant impact. (Draft EIR, p. 4. 7-7.) Explanation: The project would not substantially increase hazards due to any geometric design features (it does not propose roadway improvements) or incompatible uses. For these 24 reasons and the reasons discussed in the EIR. impacts would be less than significant. (Draft EIR, p. 4.7-7.) 4. Emergency Access Threshold: Would the Project result in inadequate emergency access? Findings: Less than significant impact. (Draft EIR, p. 4.7-7.) Explanation: The nearest evacuation route to the project site is Del Obispo Street located approximately 0.4-mile west of the site. Access to the project site would be provided via Camino Del Avion. The project site is also provided regional access via I-5. Due to this local and regional connectivity, in the unlikely event of an emergency, the project-adjacent roadway facilities would be expected to serve as emergency evacuation routes for first responders and residents. The project would not adversely affect operations on the local or regional circulation system, and as such, would not impact the use of these facilities as emergency response routes. The project would not include parking; thus, driveways would not be constructed. Emergency vehicles would be able to park along Camino Del A vion or use the existing parking lot within the City's Sports Park. Access to the project site would be provided by gated entrances along Camino Del A vion. In the event of an emergency, personnel would have access to any of the proposed gate entranceways. Therefore, impacts associated with inadequate emergency access would be less than significant. (Draft EIR, p. 4.7-7.) S. TRIBAL CULTURAL RESOURCES 1. Resources of Significance to a California Native American Tribe 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, or 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 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 in applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Findings: Less than significant impact. (Draft EIR, p. 4.8-12.) Explanation: No tribal cultural resources have been identified within or near the Project site. For this reason and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 4.8-12.) 25 T. UTILITIES AND SERVICE SYSTEMS 1. Utilities Infrastructure Threshold: Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Findings: Less than significant impact. (Draft EIR, pp. 6-32 through 6-34.) Explanation: The project includes development of a skatepark facility, and it would not result in the relocation or construction of utilities infrastructure that could cause a significant impact on the environment. The project would introduce a restroom facility to the site and would connect to existing wastewater pipelines that service the surrounding area; thus, the project would increase wastewater generated at the site. However, the project would introduce only a nominal increase in the amount of wastewater treated daily by the wastewater treatment plant. For these reasons and the reasons discussed in the BIR, impacts would be less than significant. (Draft EIR, p. 6-34.) 2. Sufficient Water Supplies Threshold: Would sufficient water supplies be available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? Findings: Less than significant impact. (Draft EIR, p. 6-35.) Explanation: Santa Margarita Water District would supply water for the Project, and it has sufficient water supplies to serve the project during normal, dry, and multiple dry years. For this reason and the reasons discussed in the EIR, impacts associated with water facilities and supplies would be less than significant. (Draft EIR, p. 6-34.) 3. Wastewater Treatment Capacity Threshold: Would the Project result in a determination by the wastewater treatment provider that 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? Findings: Less than significant impact. (Draft EIR, p. 6-35.) Explanation: The project would not generate substantial wastewater demand such that SOCW A and its existing capacities or commitments would be exceeded. The project would introduce a restroom facility to the site and would connect to existing wastewater pipelines that service the surrounding area; thus, the project would increase wastewater generated at the site. However, the project would introduce only a nominal increase in the amount of wastewater treated daily by the wastewater treatment plant. Furthermore, the project would not include relocation or construction of new or expanded wastewater treatment facilities. Therefore, given the available 26 capacity of the treatment plant, the nominal amount of wastewater generated by the project, and no new or expanded wastewater infrastructure proposed, impacts associated with wastewater treatment facilities would be less than significant. (Draft EIR, p. 6-34.) 4. Landfill Capacity Threshold: Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Findings: Less than significant impact. (Draft EIR, p. 6-35.) Explanation: The project would generate solid water during both construction and operation. Construction would temporarily generate solid waste such as scrap lumber, concrete, residual wastes, packing materials, plastics, and soils. Once construction is complete, construction generated solid waste would cease to be produced. Trash receptacles would be placed throughout the site to collect potential waste generated by skatepark users. However, it is anticipated that waste generated during operation of the project would be minimal. (Draft EIR, p. 6-35.) According to the Land Use Element chapter of the General Plan, SO LAG, a private solid waste hauler collects and disposes of the City's solid waste (City of San Juan Capistrano 1999). The City's solid waste is disposed of at the County of Orange Integrated Waste Management Department's Prima Deshecha Landfill, located approximately 3 miles east of the site. The landfill is currently active and has a maximum permitted daily refuse is 4,000 tons per day (County of Orange 2018). The project would generate nominal amounts of waste during operation and would not contribute a significant amount of waste that would exceed the maximum permitted daily capacity. Therefore, the project would be served by landfills with sufficient capacity. Impacts would be less than significant. (Draft EIR, p. 6-35.) 5. Solid Waste Threshold: Would the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Findings: Less than significant. (Draft EIR, p. 6-35.) Explanation: Solid waste generated by the project would be disposed of at designated landfill facilities under federal, state, and local regulation. Additionally, the City is required to comply with relevant solid waste reduction and diversion requirements, including AB 939, AB 341, and AB 1327. Collectively, these regulations set statewide waste diversion goals and established solid waste and recycling governing standards for local agencies. In addition, waste diversion and reduction during project construction and operations would be completed in accordance with City diversion requirements. As a result, the project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Impacts would be less than significant. (Draft EIR, p. 6-35.) 27 U. WILDFIRES 1. Impairment of Adopted Emergency Response Plan or Emergency Evacuation Plan Threshold: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project substantially impair an adopted emergency response plan or emergency evacuation plan? Findings: Less than significant impact. (Draft EIR, pp. 6-35 through 6-36.) Explanation: The project site is not located within a Very High Fire Hazard Severity Zone or a Wildland Fire Area that may contain substantial fire risk. Moreover, the project would not adversely affect operations on the local or regional circulation system, and as such, would not impact the use of these facilities as emergency response routes. For these reasons and the reasons discussed in the EIR, impacts associated with an emergency response plan or emergency evacuation plan would be less than significant. (Draft EIR, pp. 6-35 through 6-36.) 2. Exacerbation of Wildfire Risks Threshold: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Findings: Less than significant impact. (Draft EIR, p. 6-36.) Explanation: The project site is not located within a Very High Fire Hazard Severity Zone or a Wildland Fire Area that may contain substantial fire risk. Moreover, the project would not include structures intended for long-term occupancy and operation of the project would involve active maintenance of landscaping and vegetation, which would prevent dry or fire-prone overgrowth of vegetation. Therefore, the project would not exacerbate wildfire risks such that project users would be exposed to pollutants concentrations. Impacts would be less than significant. (Draft EIR, p. 6-36.) 3. Infrastructure-Related Wildfire Risks Threshold: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project require installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Findings: Less than significant impact. (Draft EIR, p. 6-36.) Explanation: The project site is not located within a Very High Fire Hazard Severity Zone or a Wildland Fire Area that may contain substantial fire risk. Moreover, the project would not 28 result in installation or maintenance of associated infrastructure that may exacerbate fire risk. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, p. 6-36.) 4. Landslides and Slope Instability Threshold: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Findings: Less than significant impact. (Draft EIR, pp. 6-36 through 6-37.) Explanation: The project site is not located within a Very High Fire Hazard Severity Zone or a Wildland Fire Area that may contain substantial fire risk. Moreover, the project would not pose a substantial risk for wildfire. Notably, the project would contain no habitable structures or other structural development intended for human occupancy that would be located within or adjacent to identified landslide zones. Therefore, the project would not expose people or structures to significant risks from post-fire slop instability or drainage changes. For these reasons and the reasons discussed in the EIR, impacts would be less than significant. (Draft EIR, pp. 6-36 through 6-37.) SECTION 3. FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City hereby finds that feasible mitigation measures have been identified in the EIR that will avoid or substantially lessen the following potentially significant environmental impacts to a level ofless than significant. The potentially significant impacts, and the mitigation measures that will reduce them to a less than significant level, are as follows: A. BIOLOGICAL RESOURCES 1. Special Status 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 plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Findings: Less than significant with mitigation incorporated. (Draft EIR, pp. 4.2-5 through 4.2-6.) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: The project site is in an urban environment within a predominantly developed part of the City. While much of the site is comprised of dirt surface, and crops, some plant species are supported. Plant species found on the project site consist of ruderal and ornamental non-native 29 species, including small, scattered shrubs, as well as common weedy varietals growing within the less-maintained areas of the site. Additionally, several ornamental trees are located along part of the project site's southern, northern and western borders. Due to the disturbed condition of the project site, no native plant species are expected to occur on site. Together, the on-site plant species form a non-native and non-cohesive plant community that do not support any candidate, sensitive, or special-status plant species. Based upon the urbanized nature of the project area, wildlife species that could potentially occur in the surrounding area include common species typically found in urban/developed settings such as mourning dove (Zenaida macroura), desert cottontail (Sylvilagus audubonii), and western fence lizard (Sceloporus occidentalis). The on-site land cover is not known to support any candidate, sensitive, or special-status wildlife species. However, the area surrounding the project site contains scattered trees, shrubs, and bare ground that could potentially be used by migratory birds for breeding. Direct impacts to migratory nesting birds must be avoided to comply with the Migratory Bird Treaty Act (16 USC 703-712) and the California Department of Fish and Wildlife's (CDFW) requirements as established by Section 3503.5 of the California Fish and Game Code. Prior to construction, ornamental trees within the project footprint would be removed thus posing a potential impact to nesting birds onsite. Additionally, demolition and subsequent clearing and grading activities on the project site have potential to impact ground-nesting bird species. Furthermore, indirect impacts to nesting birds from short-term, construction-related noise could result in decreased reproductive success or abandonment of an area as nesting habitat if construction were conducted during the breeding/nesting season (i.e., February through August). As such, to avoid potential direct and indirect impacts to nesting birds, and in conformance with the requirements of the Migratory Bird Treaty Act and California Department of Fish and Wildlife, MM-BIO-1 would be implemented. With implementation ofMM-BIO-1 (produced below), direct and indirect impacts to nesting birds from construction-related activities would be less than significant as discussed in the EIR. (Draft EIR, pp. 4.2-5 through 4.2-6.) MM-BI0-1: Nesting Bird Survey. In conformance with the requirements of the Migratory Bird Treaty Act and Section 3503.5 of the California Fish and Game Code, should vegetation clearing, cutting, or removal activities be required during the nesting season (i.e., February 1 through August 31), a qualified biologist shall conduct a nesting bird survey no more than 7 calendar days before such activities take place. The survey shall consist of full coverage of the project footprint and an appropriate buffer, as determined by the qualified biologist. If no occupied nests are found, no additional steps shall be required. If nests are found that are being used for breeding or rearing young by a native bird, the qualified biologist shall recommend further avoidance measures, including establishing an appropriate buffer around the occupied nest. Appropriate buffers may be 300 feet for passerine species and 500 feet for raptor species; however, the buffer shall be determined by the qualified biologist based on the species present, surrounding habitat, and existing environmental setting/level of disturbance. No construction or ground- disturbing activities shall be conducted within the buffer until the biologist has determined that the nest is no longer being used for breeding or rearing. 30 B. CULTURAL RESOURCES 1. Archaeological Resources Threshold: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Findings: Less than significant impact with mitigation incorporated. (Draft EIR, pp 4.3-7 through 4.3-9.) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: The entirety of the project site has been subjected to previous cultural resource investigations. Of the two previous studies, one study (OR-01237), identified lithic material and marine shell remains during a reconnaissance pedestrian survey within the Kinoshita Farm Property, which is the 28-acre City-owned parcel that includes the current project site. However, none of the lithic material identified exhibited any evidence of cultural modification and the marine shell that was observed appeared to be recent in origin. Additionally, the CHRIS records search indicates that one previously recorded prehistoric archaeological site, P-30-000835/CA-ORA-000835, was identified within 720 meters (approximately 2,360 feet) to the southeast and outside of the project site. This prehistoric archaeological site was originally recorded in 1979 and was identified during a pedestrian survey. The record notes that the nearest water source as the San Juan Creek. The site is described in the 1979 record as a prehistoric temporary campsite and was noted to be disturbed by an irrigation system and the construction of the San Diego Freeway (I-5). The site was revisited in 2007 as part of a cultural resources inventory and site assessment and the record was updated to state that the prehistoric archaeological site as documented in 1979, no longer exists and was destroyed during the construction of the southbound lanes for I-5 and it was concluded that there is no potential for buried deposits to exist anywhere near the former footprint of site P-30-000835/CA-ORA000835 as mapped in 1979. The current project site is less than 500 meters west of the San Juan Creek and has remained in use for agricultural purposes since the early twentieth century to present. Although the project site has remained undeveloped to present-day and operates as an orchard and crop farm, the vast majority of tree roots disturb roughly the top 22 to 36 inches of the soil. An intensive-level pedestrian survey of the project site did not identify any cultural materials. It should be noted that based on current site conditions, the native soils upon and within which cultural deposits would exist in context was not observed during the survey. Given this information and geoarchaeological suitability for supporting the presence of buried archaeological resources, there is a moderate potential for the discovery of unanticipated cultural resources during initial ground disturbance within native soil, beneath the extant root system of the orchard. Despite thorough cultural assessments intended to identify or determine the potential for archaeological resources to exist within a Project site, the potential to encounter yet unknown and unrecorded buried archaeological resources cannot be ruled out when ground disturbances occur within native soils. In the event that yet unknown and unrecorded archaeological resources are encountered during project implementation, impacts to these resources would potentially be 31 significant. To appropriately respond to the unanticipated and inadvertent discovery of yet unknown and unrecorded archaeological resources and mitigate potential impacts to a level ofless than significant, the project shall incorporate MM-CUL-1 and MM-CUL-2, which provide: MM-CUL-1. Workers Environmental Awareness Program Training: All construction personnel and monitors who are not trained archaeologists shall be briefed regarding inadvertent discoveries prior to the start of construction-related excavation activities. A basic presentation and handout or pamphlet shall be prepared in order to ensure proper identification and treatment of inadvertent discoveries. The purpose of the Workers Environmental Awareness Program (WEAP) training is to provide specific details on the kinds of archaeological materials and tribal cultural resources that may be identified during construction of the project and explain the importance of and legal basis for the protection of archaeological resources and tribal cultural resources. Each worker shall also learn the proper procedures to follow in the event that archaeological resources and tribal cultural resources or human remains are uncovered during ground-disturbing activities. These procedures include work curtailment or redirection, and the immediate contact of the site supervisor and archaeological monitor. MM-CUL-2. Cultural and Tribal Cultural Resources Monitoring and Inadvertent Discovery of Archaeological Resources: An archaeological monitor must be present during all initial ground disturbing activities with the potential to encounter cultural resources. A monitoring plan must be prepared by the archaeologist and implemented upon approval by the City. An inadvertent discovery clause, written by an archaeologist, shall be added to all construction plans associated with ground-disturbing activities. An archaeological monitor shall be present on the project site during initial ground-disturbing activities to monitor rough and finish grading, excavation, and other ground-disturbing activities in the native soils. In the event that yet unknown and unanticipated archaeological resources (sites, features, or artifacts) are inadvertently exposed during ground disturbing activities for the Project, all construction work occurring within 50 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the unanticipated resource. If a resource is deemed significant by the qualified archaeologist, preservation in place or avoidance of the resource shall be the preferred method of preservation consistent with Public Resources Code section 21083.l(b). If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource. This mitigation will reduce any potential significant impacts to a level of less than significant by ensuring that any significant resource discovered is either avoided, preserved in place, or removed so that there will be no substantial adverse change in the significance of the resource. The methods and results of the data recovery excavation shall be included in a monitoring report, to be completed by the qualified archaeologist after completion of the project. The monitoring report shall include a description of resources recovered, treatment of the 32 resources, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Upon completion of the project, all appropriate documentation (reports, site records, etc.) shall be submitted to the City Development Services Director and the South Central Coastal Information Center (SCCIC). 2. Human Remains Threshold: Would the Project disturb any human remains, including those interred outside of formal cemeteries? Findings: Less than significant impact with mitigation incorporated. (Draft EIR, pp. 4.3-9 through 4.3-10.) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: No known current or historic cemeteries or burial sites interred outside of a formal cemetery have been identified on the project site or adjacent area (within 0.5-mile radius). However, it is possible ground-disturbing activities may encounter previously unknown or unrecorded human remains, including those interred outside of a dedicated cemetery. To ensure consistency with the requirements of CCR Section 15064.S(e), and to reduce any potential impacts related to inadvertently disturbing human remains, MM-CUL-3 (produced below) would be implemented. MM-CUL-3 requires work to halt in the event that human remains are encountered, and establishes required steps for notification, treatment, and reporting of the remains. With the implementation of MM-CUL-3, impacts related to disturbance of human remains would be less than significant. MM-CUL-3. Inadvertent Discovery of Human Remains. In the event that yet unknown and unrecorded human remains are inadvertently encountered during construction activities, the remains and associated funerary objects shall be treated in accordance with state and local regulations that provide requirements with regard to the accidental discovery of human remains, including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be immediately notified of the discovery. No further excavation or disturbance of the Project site or any nearby (no less than 100 feet) area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to immediately notify the Native American Heritage Commission (NAHC). The NAHC will notify the person/s it believes to be the most likely descendant (MLD) from the deceased individual. The MLD must then complete their inspection and determine, in consultation with the property owner, the treatment and potential disposition of the human remains. All resulting documentation shall be submitted to the City Development Services Director, or designee, for their review and work shall not continue within the area of the discovery without authorization from the City. Upon completion of the project, all appropriate documentation (reports, site records, etc.) shall be submitted to the SCCIC. 33 C. GEOLOGY AND SOILS 1. Paleontological Resources and Geologic Features Threshold: Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 4.4-8 through 4.4-9.) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: As discussed in Appendix A, no paleontological resources were identified within the project site. Recent young alluvial flood-plain deposits that are generally too young to contain significant paleontological resources on or very near the surface immediately underlie the project site. However, at depths greater than five feet below the original surface, there is a greater likelihood of encountering sediments that are old enough to contain significant paleontological resources. As such, the likelihood of impacting paleontological resources within the project site is considered low above a depth of five feet below the original ground surface, increasing with depth. Therefore, the project would incorporate mitigation measure MM-GEO-1 through MM-GEO-4, which requires retention of a qualified paleontologist if resources are encountered during construction. Incorporation of MM-GEO-1 through MM-GEO-4 would reduce potential impacts to a level below significance. Therefore, impacts to paleontological resources would be less than significant with mitigation incorporated. MM-GEO-I. Retention of a Qualified Paleontologist. If excavations below a depth of five feet below the original ground surface are planned for the proposed project a qualified Orange County certified paleontologist meeting the Society of Vertebrate Paleontology's 2010 standards must be retained to oversee the implementation of all paleontological resources mitigation requirements for the project. The qualified paleontologist shall prepare an inadvertent discovery clause to be added to all construction plans associated with ground disturbing activities. MM-GE0-2. Paleontological Resources Sensitivity Training. Prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. MM-GE0-3. Paleontological Resources Monitoring. If excavations below a depth of five feet below the original ground surface are planned for the proposed project, the qualified paleontologist shall determine when and where paleontological monitoring is warranted based on the paleontologists understanding of the construction plan and the lithologic character and age of the sediments that could be exposed during excavation. The qualified 34 paleontologist or a qualified paleontological monitor meeting the Society of Vertebrate Paleontology's 2010 standards under the direction of the qualified paleontologist must conduct the paleontological monitoring. If the sediments are determined by the qualified paleontologist to be too young or too coarse-grained to likely preserve paleontological resources, the qualified paleontologist can reduce or terminate monitoring per the Society of Vertebrate Paleontology's 2010 guidelines and based on the excavations remaining for the proposed Project. The paleontological monitor should complete daily monitoring logs for each day monitoring is conducted documenting construction activities and geological and paleontological observations. The qualified paleontologist must produce a final paleontological monitoring report that discusses the paleontological monitoring program, any paleontological discoveries, and the preparation, curation, and accessioning of the fossils into a suitable paleontological repository with retrievable storage. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. MM-GE0-4. Paleontological Resource Treatment and Disposition. If paleontological resources are discovered, significant fossils shall be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. D. NOISE 1. Local Noise Level Standards Threshold: Would the Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Findings: Less than significant impact with mitigation incorporated. (Draft EIR, pp. 4.6- 6 through 4.6-10.) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: Construction of the proposed project is anticipated to involve distinct and sequential groupings of onsite activities or phases that for purposes of this assessment include site preparation, excavation (for skate bowl areas), building construction, paving, and application of architectural finishes. Utilizing FWHA reference noise levels and AUF values for anticipated heavy construction equipment and vehicles to be used on the project site, an RCNM emulator predicted the aggregate noise level exposures from each of these project construction stages at the nearest offsite noise-sensitive receptors (NSR): existing homes on the southern side of Camino Del Avion that are as close as 90 feet to the southern boundary of the project site or approximately 35 325 feet to its geographic centroid. As shown in Table 4.6-5 of the EIR, neither the general assessment nor the detailed assessment technique predicts an 8-hour Leq exposure from a project construction stage that would exceed the FTA guidance-based threshold of 80 dBA; hence, on this basis, project construction noise would result in a less than significant impact. Despite the expected compliance with FTA guidance, noise emission from onsite project construction equipment would likely cause the outdoor ambient sound environment at these nearby offsite NSRs to increase by as much as 14 dB with respect to the daytime Leq value range of 60- 65 dBA as presented in Section 4.6.1. Although such increase would be temporary and conclude when project construction is completed, it would be clearly perceived under most conditions and sound twice as loud as pre-project outdoor conditions when the increase is at least 10 dB in magnitude. For this reason, the project would implement MM NOI-1 to further minimize this construction attributed change to the daytime sound environment. MM NOI-1 below is provided to reduce the magnitude of temporary construction-related increases to the outdoor ambient sound level at offsite nearest NSR. MM NOI-1 Construction Noise Reduction. In addition to adherence to the City of San Juan Capistrano 's policies found in the City's General Plan Noise and Safety Element and Municipal Code limiting the construction hours of operation, the following measures shall be implemented to reduce construction noise emanating from the project: i. The project contractor shall, to the extent feasible, schedule construction activities to avoid concurrent operation of several pieces of construction equipment proximate to an offsite noise- sensitive receiver. ii. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained engine exhaust mufflers. iii. Based on feasibility and/or practicality, the project contractor shall apply the following onsite equipment noise control and sound abatement methods: a. shutting off idling engines of vehicles and stationary engine-driven equipment when not in use; b. orient operating stationary equipment so that audibly or measurably louder cabinet surfaces or penetrations (e.g., air intake or discharge vents) are facing away from nearest offsite noise-sensitive receptors; and c. apply factory-approved enclosures, vent shrouds, and other equipment-mounted features to attenuate (via dissipative acoustical absorption, south path occlusion or redirection, etc.) noise emission. iv. During the site preparation and excavation phases of the Project, the project contractor shall install a minimum 7-foot-tall temporary noise barrier (e.g., vertical installation of adjoining plywood sheeting [minimum ½-thick], a frame-suspended outdoor acoustical blanket, or other materials/assembly that demonstrates a minimum of sound transmission class [STCJ 20) along the full southern extent of the project boundary. v. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented, and a report of the action provided to the reporting party. With implementation of MM-NOI-1, required insertion of an 7-foot tall temporary solid barrier would further reduce construction noise levels at residential NSRs just south of the project site by as much as 11 dB during the site preparation and grading phases of construction. Under these modeled conditions, construction noise at the nearest offsite receptors would fall within the 36 62 dBA to 63 dBA 8-hour Leq range during such activities. For these reasons and the reasons discussed in the EIR, implementation of MM-NOI-1 would reduce potential construction noise- related impacts to a level of less than significant. Operational Noise. The project is anticipated to generate 193 daily trips, which one could reasonably assume would occur on the Camino del A vion roadway segment that adjoins the project to the south. Using an FHWA traffic noise model that include the 25 mile per hour (mph) roadway speed, these additional project-related trips would create an estimated CNEL of 42.6 dBA at a distance of 50 feet. Outside of school hours, the speed limit is 40 mph and would yield an estimated 47.0 dBA CNEL. This latter noise level is substantially lower than the 60 dBA CNEL contour shown in the vicinity of the existing park along Camino del A vion and lower than the measured CNEL of 64 dBA as shown in Table 4.6-1 of the EIR. Logarithmically adding 47.0 dBA to either 60 dBA or 64 dBA would be a negligible (i.e., less than 0.1 dB) increase to the existing outdoor ambient sound level; therefore, traffic noise from project operation would result in a less than significant impact. Since the predicted exterior noise level exposures attributed to project stationary sources are not expected to exceed 50 dB A hourly Leq at the boundaries of the nearest existing homes on Camino del Avion, both of the City's noise standards-daytime or evening-would be satisfied. E. TRIBAL CULTURAL RESOURCES 1. Potential Impacts to 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, or 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)? Findings: Less than significant impact with mitigation incorporated. (Draft EIR, pp. 4.8- 10 through 4.8-12.) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) Explanation: SCCIC records indicate that four cultural resources have been previously recorded within 0.5-mile of the project site. Of these, three are historic built environment resources and one is a prehistoric archaeological site. None of these resources overlap the project site and none of the available SCCIC records reviewed indicate that any previously recorded cultural resources exist within the project site. However, despite thorough cultural assessments intended to identify or determine the potential for cultural resources to exist within a Project site, the potential to encounter yet unknown and unrecorded buried tribal cultural resources cannot be ruled out when ground disturbances occur within native soils. In the event that yet unknown and unrecorded tribal cultural resources are encountered during project implementation, impacts to these resources would potentially be significant. To appropriately respond to the unanticipated and inadvertent 37 discovery of yet unknown and unrecorded archaeological resources and mitigate potential impacts to a level ofless than significant, the project shall incorporate MM-CUL-1, MM CUL 2, and MM CUL-3. Therefore, impacts associated with tribal cultural resources 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), would be less than significant with mitigation incorporated. MM-CUL-1 Workers Environmental Awareness Program Training: All construction personnel and monitors who are not trained archaeologists shall be briefed regarding inadvertent discoveries prior to the start of construction-related excavation activities. A basic presentation and handout or pamphlet shall be prepared in order to ensure proper identification and treatment of inadvertent discoveries. The purpose of the Workers Environmental Awareness Program (WEAP) training is to provide specific details on the kinds of archaeological materials and tribal cultural resources that may be identified during construction of the project and explain the importance of and legal basis for the protection of archaeological and tribal cultural resources. Each worker shall also learn the proper procedures to follow in the event that archaeological and tribal cultural resources or human remains are uncovered during ground-disturbing activities. These procedures include work curtailment or redirection, and the immediate contact of the site supervisor and archaeological monitor. MM-CUL-2 Cultural and Tribal Resources Monitoring and Inadvertent Discovery of Archaeological Resources: An archaeological monitor must be present during all initial ground-disturbing activities with the potential to encounter cultural resources. A monitoring plan must be prepared by the archaeologist and implemented upon approval by the City. An inadvertent discovery clause, written by an archaeologist, shall be added to all construction plans associated with ground-disturbing activities. An archaeological monitor shall be present on the project site during initial ground-disturbing activities to monitor rough and finish grading, excavation, and other ground-disturbing activities in the native soils. In the event that yet unknown and unanticipated archaeological resources (sites, features, or artifacts) are inadvertently exposed during ground disturbing activities for the Project, all construction work occurring within 5 0 feet of the find shall immediately stop until a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards, can evaluate the significance of the unanticipated resource. If a resource is deemed significant by the qualified archaeologist, preservation in place or avoidance of the resource shall be the preferred method of preservation consistent with Public Resources Code section 21083.2(b). If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource. This mitigation will reduce any potential significant impacts to a level of less than significant by ensuring that any significant resource discovered is either avoided, preserved in place, or removed so that there will be no substantial adverse change in the significance of the resource. The methods and results of the data recovery excavation shall be included in a monitoring report, to be completed by the qualified archaeologist after completion of the project. The monitoring report shall include a description of resources recovered, treatment of the resources, and evaluation of 38 the resources with respect to the California Register of Historical Resources and CEQA. Upon completion of the project, all appropriate documentation (reports, site records, etc.) shall be submitted to the City Development Services Director and the South Central Coastal Information Center (SCCIC). MM-CUL-3 Inadvertent Discovery of Human Remains. In the event that yet unknown and unrecorded human remains are inadvertently encountered during construction activities, the remains and associated funerary objects shall be treated in accordance with state and local regulations that provide requirements with regard to the accidental discovery of human remains, including California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e). In accordance with these regulations, if human remains are found, the County Coroner must be immediately notified of the discovery. No further excavation or disturbance of the Project site or any nearby (no less than 100 feet) area reasonably suspected to overlie adjacent remains can occur until the County Coroner has determined if the remains are potentially human in origin. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she is required to immediately notify the Native American Heritage Commission (NAHC). The NAHC will notify the person/s it believes to be the most likely descendant (MLD) from the deceased individual. The MLD must then complete their inspection and determine, in consultation with the property owner, the treatment and potential disposition of the human remains. All resulting documentation shall be submitted to the City Development Services Director, or designee, for their review and work shall not continue within the area of the discovery without authorization from the City. Upon completion of the project, all appropriate documentation (reports, site records, etc.) shall be submitted to the SCCIC. (Draft EIR, pp. 4.8-10 through 4.8-12.) SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT FULLY MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City hereby finds that, despite the incorporation of mitigation measures outlined in the EIR and in this Resolution, the following impacts from the proposed Project and related approvals cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein: A. AGRICULTURE AND FORESTRY RESOURCES 1. Farmland Conversion 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: Significant and unavoidable impact. (Draft EIR, p. 4.1-4 through 4.1-5.) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen some of the significant environmental effects as identified in the EIR. (State CEQA Guidelines, § 15091(a)(l).) It is not feasible, however, to fully mitigate the Project impact to a 39 level of less than significant. Impacts would remain significant and unavoidable. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. (State CEQA Guidelines, § 15091 (a)(3).) Explanation: The project site is classified as "Prime Farmland" and is actively farmed and has a reliable water supply. The project site currently represents approximately 1.4 percent of all Prime or Unique Farmland, or Farmland of Statewide Importance in the City and less than one percent in Orange County. Although the project site represents a small fraction of farmland in Orange County, the direct loss of Prime Farmland to a non-agricultural use would be considered a significant impact to agricultural resources. Here, the development of the project would result in a loss of 1.75 acres of Prime Farmland. To reduce this significant impact, the City shall implement mitigation measure MM-AG-1., which requires the City to mitigate the loss of agricultural land as follows: MM-A G-1: Contribution to Agricultural Preservation Fund. Prior to issuance of a grading permit, the City shall mitigate for the loss of Prime Agricultural Land by depositing payment of fees into the City's Agricultural Preservation Fund and in accordance with Section 3-3.104, Schedule C, and Section 3-3.109(b) of the City's Municipal Code. The fee payment shall be equivalent to cost of acquisition of Prime Farmland in the region at a ratio of 1:1 (i.e., 1.75 acres) or comparable open space land that could be converted to Prime Farmland. The fee payment shall be used for agricultural mitigation purposes, including but not limited to farmland acquisition, agricultural conservation easements, and/or farmland deed restrictions, with priority given to prime agricultural farmlands. Implementation of MM-AG-1 would provide payment of a fee into the City's Agricultural Preservation Fund to be used for agricultural mitigation purposes, including but not limited to farmland acquisition, agricultural conservation easements, and/or farmland deed restrictions. However, MM-AG-1 would not replace the approximate 1.75 acres of Prime Farmland lost as a result of the proposed project and does not result in a net increase in agricultural land; therefore, the measure does not offset the conversion of Prime Farmland to a nonagricultural use. Therefore, implementation of MM AG-1 would not reduce the impact to Prime Farmland to a less-than- significant level, and the permanent conversion of 1. 75 acre of Prime Farmland to non-agricultural uses would constitute a significant and unavoidable impact pursuant to CEQA. (Draft EIR, p. 4.1- 4 through 4.1-5.) 2. Conversion Thresho1d: 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? Finding: Significant and unavoidable. (Draft EIR, p. 4.1-5.) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen some of the significant environmental effects as identified in the EIR. (State CEQA Guidelines,§ 15091(a)(l).) It is not feasible, however, to fully mitigate the Project impact to a level of less than significant. Impacts would remain significant and unavoidable. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified 40 in the EIR. (State CEQA Guidelines,§ 15091(a)(3).) Explanation: Project implementation would result in the conversion of approximately 1. 7 5 acres of Prime Farmland to a non-agricultural use. Although the project proponent would be required to mitigate the loss of agricultural land through implementation of MM-AG-1, the mitigation measure does not result in a net increase in agricultural land, and thus does not offset the conversion of Prime Farmland to a nonagricultural use. Therefore, MM-AG-1 would not reduce impacts to Prime Farmland to a less-than-significant level, and the permanent conversion of 1.75 acres of Prime Farmland to non-agricultural uses would constitute a significant and unavoidable impact pursuant to CEQA. (Draft EIR, p. 4.1-5.) SECTION 5. FINDINGS REGARDING CUMULATIVE ENVIRONMENTAL IMPACTS Consistent with CEQA's requirements, the EIR for the Project includes an analysis of cumulative impacts. The City hereby finds as follows: A. AESTHETICS There are no designated scenic vistas in the project vicinity and the project is not within the Ridgeline and Open Space Preservation District; however, hillsides are visible in the vicinity of the project site and could be visible from cumulative projects. Because of the distance of the hillsides, construction of the proposed projects in combination with the cumulative projects would not obstruct views of the distant hillsides. Further, all projects would be consistent with City of San Juan Capistrano Municipal Code Title 9, Land Use, and the General Plan Land Use Element and the Conservation & Open Space Element goals and policies pertaining to scenic quality, development standards, and design guidelines. Cumulative projects may introduce new sources of nighttime lighting. However, all projects would be in compliance with Section 9-3.529, Lighting Standards, of the City's Municipal Code, which establishes lighting and operational guidelines to minimize light pollution or light spillover. Therefore, compliance with these regulations would ensure that impacts related to aesthetics would not be cumulatively considerable, and therefore, no mitigation is required. (Draft EIR, p. 5-5 through 5-6.) B. AGRICULTURAL AND FORESTRY RESOURCES The geographic context of agricultural resources is confined to areas containing agricultural resources in the project region (within City boundaries and adjacent cities/communities). Therefore, cumulative impacts as related to agricultural resources would be confined to related projects on the cumulative projects list that are located near agricultural resources or that would result in direct or indirect impacts to agricultural resources. This would include cumulative project 4, The Farm on Del Obispo, which included conversion of land classified as Unique Farmland into a residential development located just north of the proposed project. As described in Section 4.1, Agricultural Resources, the proposed project would result in a significant and unavoidable impact related to the conversion of Prime Farmland to a non- agricultural use (see thresholds 1 and 3). To reduce the significant impact, the City would implement MM-AG-1, which requires the City to mitigate the loss of agricultural land with 41 payment of a fee to the City's Agricultural Preservation Fund. Although the project proponent would be required to mitigate the loss of agricultural land through implementation of MM-AG-1, the measure does not result in a net increase in agricultural land, thereby offsetting the conversion of Important Farmland to a nonagricultural use; thus, the impact would remain significant and unavoidable. Because the project would result in the conversion of Prime Farmland to non- agricultural uses, the project's incremental contribution to conversion of farmland within the project vicinity and surrounding region would be cumulatively considerable; therefore, this would be a significant and unavoidable cumulative impact. (Draft EIR, p. 5-6.) As described in Section 4.1, Agricultural Resources, MM-AG-1 would be implemented as part of the proposed project. However, there are no mitigation measures to reduce the project's contribution to cumulative loss of agricultural lands. Therefore, the project's incremental contribution to conversion of farmland within the project vicinity and surrounding region would be considered a significant and unavoidable cumulative impact. (Draft EIR, p. 5-6.) C. AIR QUALITY The geographic scope for air quality cumulative impacts is the South Coast Air Basin and the jurisdictional boundaries of the South Coast Air Quality Management District (SCAQMD) which administers the Air Quality Management Plan (AQMP). Air pollution is by its nature a cumulative issue. The nonattainment status of regional pollutants is a result of past and present development. Per SCAQMD, "Projects that exceed the project-specific significance thresholds are considered by the SCAQMD to be cumulatively considerable. This is the reason project-specific and cumulative significance thresholds are the same. Conversely, projects that do not exceed the project-specific thresholds are generally not considered to be cumulatively significant" (SCAQMD 2003). The proposed project would not result in a cumulatively considerable increase in emissions of nonattainment pollutants, nor would it result in the exposure of sensitive receptors to substantial pollutant concentrations. Further, the Project and all Cumulative Projects within the region, including Easley Renewable Energy Project, would be subject to SCAQMD regulatory requirements. As such, the project's potential contribution to impacts related to air quality would not be cumulatively considerable, and therefore, no mitigation is required. (Draft EIR, p. 5-6 through 5-7.) D. BIOLOGICAL RESOURCES The geographic context is defined differently for each species, based on species distribution, habitat requirements, and scope of impact from proposed activities. For some species the geographic context would be on-site habitat and directly adjacent habitat, while the geographic scope for other species would be defined by migratory routes or patterns. Biological resources in the project area and region are managed through the Orange County Southern Subregion Habitat Conservation Plan (OCSSHCP). Cumulative impacts to biological resources from cumulative projects would result in significant and cumulative loss of natural habitat and special-status plant and wildlife species in the region. Significant permanent loss of habitat and special-status species results from direct 42 removal of habitat due to physical development or other changes, or indirect effects related to project activity that impacts special-status species' life cycles. Physical development of several of the cumulative projects in Table 5-2 could result in direct and/or indirect impacts to habitat, special status species, or other biological resources; however, implementation of mitigation measures, conformance with existing regulatory requirements and project-specific permit requirements would reduce most potential impacts to less than significant. Biological resource impacts resulting from the proposed project would be less than significant with mitigation measures included. Mitigation measure MM-BIO-1 would ensure conformance with the requirements of the Migratory Bird Treaty Act and California Department of Fish and Wildlife, which would reduce potential direct and indirect impacts to nesting birds from construction-related activities to less than significant. Because the proposed project would avoid or minimize impacts to nesting birds and because the impacts to nesting birds can be reduced to less-than-significant for cumulative projects, the project's potential contribution to impacts related to direct and indirect impacts to nesting birds from construction-related activities would not be cumulatively considerable, and therefore, no further mitigation is required. (Draft EIR, p. 5-7.) E. CULTURAL RESOURCES Impacts would be considered cumulatively considerable if the cumulative projects would result in direct or indirect permanent impact to identified cultural resources and implementation of mitigation or compliance with regulation would not avoid or reduce the impact. However, no known historical or archaeological resources occur within the project site; therefore, the project would not contribute to a cumulative loss of identified cultural resources in the region. Implementation of the project, in combination with other proposed or planned projects listed in Table 5-2 of the EIR, would involve ground-disturbing activities which could result in discovery of or damage to previously undiscovered archaeological resources as defined in State CEQA Guidelines Section 15064.5. However, when considered in combination with the impacts of other projects in the cumulative scenario, the project would not be cumulatively considerable because implementation of MM-CUL-1 through CUL-3 would avoid or reduce project impacts associated with potential for unanticipated archaeological resources and/or unanticipated human remains. Further, cumulative development would also be required to implement similar mitigation to avoid or reduce impacts to unknown archaeological resources. Therefore, the project's potential contribution to impacts related to unanticipated archaeological resources and/or unanticipated human remains would not be cumulatively considerable and no further mitigation is required. (Draft EIR, pp. 5-7 through 5-8.) F. ENERGY RESOURCES The Project would not result in wasteful, inefficient, or unnecessary use of energy during construction or operations, nor would it conflict with an applicable plan. Cumulative projects within the region would have a construction period during which electricity, natural gas, and 43 petroleum would be used; however, it is expected that such usage would be temporary and would not constitute a wasteful, inefficient, or unnecessary consumption of energy. Furthermore, per the City's Municipal Code, the project and cumulative projects would be subject to the 2019 California Green Building Standards Code (CALGreen) (City of San Juan Capistrano 2021a). Additionally, cumulative projects would also be subject to statewide mandatory energy requirements as outlined in Title 24, Part 6, of the California Code of Regulations. And Title 24, Part 11, of the California Code of Regulations contains additional energy measures that are applicable under CALGreen. Future development would also be required to meet even more stringent requirements, including the objectives set forth in the AB 32 Scoping Plan, which seek to make all newly constructed residential homes produce a sustainable amount of renewable energy using on-site photovoltaic solar systems. Furthermore, various federal and state regulations, including the Low Carbon Fuel Standard, Pavley Clean Car Standards, and Low Emission Vehicle Program, would serve to reduce the transportation fuel demand of cumulative projects. As such, the project's potential contribution to impacts related to energy consumption would not be cumulatively considerable and no mitigation is required. (Draft EIR, p. 5-8.) G. GEOLOGY AND SOILS As discussed in Section 4.4, Geology and Soils, the proposed project would result in a less than significant impact related to geology and soils-related impacts and a potentially significant impact to paleontological resources. With implementation of MM-GEO-1 through MM-GEO-4, retention of a qualified paleontologist shall be required if paleontological resources are encountered during construction and a qualified paleontological monitor would be required during exaction activities greater than 5 feet. With incorporation of MM-GEO-1 through MM-GEO-4, potential impacts to paleontological resources would be reduced to a level ofless than significant. Implementation of the project, in combination with other proposed or planned projects within the project site and vicinity, would involve ground-disturbing activities which could result in discovery of or damage to previously undiscovered paleontological resources. However, when considered in combination with the impacts of other projects in the cumulative scenario, the project would not be cumulatively considerable because implementation of MM-GEO-1 through MM- GEO-4 would reduce the impact associated with unknown paleontological resources to a level of less than significant. Further, cumulative development would be required to implement similar mitigation to avoid/reduce impacts to paleontological resources. Therefore, the project's potential contribution to risks of the existing seismic and geologic conditions or potential impacts related to previously undiscovered paleontological resources would not be cumulatively considerable, and no further mitigation is required. (Draft EIR, pp. 5-8 through 5-9.) H. GREENHOUSE GAS EMISSIONS The geographic scope of cumulative GHG impacts is the jurisdictional boundaries of the SCAQMD. The cumulative context is that GHG emissions inherently contribute to cumulative impacts, and, thus, any additional GHG emissions from cumulative projects would result in a cumulative impact. The project, as described in Section 6.2, would not exceed the SCAQMD threshold of 3,000 MT CO2e per year, and the project's GHG contribution would not be cumulatively considerable. Further the project would not conflict with the CARB Scoping Plan or 44 SCAG's 2020-2024 RTP/SCS. As such, the project's potential contribution to greenhouse gas emissions would not be cumulatively considerable and no mitigation is required. (Draft EIR, p. 5- 9.) I. HAZARDS AND HAZARDOUS MATERIALS Cumulative projects, like the proposed project, could include use or handling of hazardous materials during construction; however, all projects would be required to comply with existing federal, state, and local regulations regarding hazardous material use, storage, disposal, training, and transport to prevent project-related risks to public health and safety. Cumulative projects could be located on a site included in a hazardous materials list and could exacerbate the hazardous conditions for the public or the environment. The proposed project is not located on a site included on a hazardous materials list and would not exacerbate any existing hazardous conditions. Hazardous conditions could also be exacerbated by cumulative projects interfering with an emergency or evacuation plan or expose the public or the environment to significant hazards related to wildfire. The proposed project would not introduce any new physical features or activities that would conflict with emergency or evacuation response, or wildfire conditions. Therefore, the project's potential contribution to impacts related to hazardous materials and hazardous conditions would not be cumulatively considerable, and therefore no mitigation is required. (Draft EIR, pp. 5-9 through 5-10.) J. HYDROLOGYANDWATERQUALITY Cumulative projects, like the proposed project, would be required to comply with a framework of local and state regulations that protect water quality of surface water bodies and groundwater. This includes compliance with Chapter 8, Water Quality Regulations, of the City's Municipal Code, National Pollutant Discharge Elimination System (NPDES) permit, and Stormwater Pollution Prevention Plan (SWPPP) that require water quality BMPs and storm drainage system design measures to minimize the potential for erosion, siltation, flooding, or the deposition of mud, debris, or construction-related pollutants. The Project and cumulative projects would be required to comply with applicable State and local plans and regulations that protect water quality; therefore, impacts to hydrology and water quality would not be cumulatively considerable, and therefore no mitigation is required. (Draft EIR, p. 5-10.) K. LAND USE As discussed in Section 4.5, the project would result in less than significant impacts related to dividing an existing community or conflict with existing plans and policies governing land use. This is because the project would implement a land use (park and trail) that would be cohesive with the adjacent land uses and would not introduce a new, inconsistent land use that would impede the continued operation of the adjacent and nearby land uses. While the project would remove 1.75 acres of land from agricultural use, it would not prevent the continued operation of adjacent agricultural activity, and potential indirect impacts from the project would be mitigated as discussed throughout this EIR. Taken as a whole, the proposed project is in harmony with the 45 overall intent of the City's General Plan goals and policies. As such, the impact would be less than significant. The projects included in Table 5-2 of the EIR consist primarily of infill development or redevelopment of existing and aging structures. Like the project, proposed uses for the cumulative projects would be consistent with surrounding uses and area land uses because the projects would be subject to land use regulations found in the City's Municipal Code and would be required to comply with goals and policies of the General Plan. Therefore, all cumulative projects, including those in the project vicinity (i.e., The Farm; City Hall; Distrito La Novia -San Juan Meadows; and Ganahl Lumber) would be consistent with the existing and planned land uses of the surrounding area and would not conflict with the proposed project. As such, potential impacts to land uses would not be cumulatively considerable, and therefore no mitigation is required. (Draft EIR, pp. 5-10 through 5-11.) L. MINERAL RESOURCES Cumulative impacts to mineral resources could occur if the project or cumulative projects caused a loss of availability of a known mineral resource valuable to the region and the state or caused a loss of availability of an important mining site delineated in a local general plan or other land use plan. The project vicinity is largely urbanized and built-up, which limits opportunities for mineral resource extraction. While the project site is located within an MRZ-3 (Mineral Resource Zone) area, the project site and surrounding areas are not designated or zoned as uses that would allow mineral resource extraction, nor are the existing or proposed land uses compatible with mineral resource extraction. Therefore, the project's potential contribution to impacts related to mineral resources would not be cumulatively considerable, and therefore no mitigation is required. Draft EIR, p. 5-11.) M. NOISE As discussed in Section 4.6, Noise, project impacts related to operational noise and groundbome vibration would be less than significant. Compliance with City policies and Municipal Code, along with the implementation of MM-NOI-1 to reduce the magnitude of temporary increases in outdoor ambient sound levels at offsite noise sensitive receptors (NSR) during construction activities, would reduce noise from construction of the proposed project to a less-than-significant level. Cumulative impacts from construction-generated noise could result if other future planned construction activities were to take place in the immediate project vicinity and cumulatively combine with construction noise from the project. The Farm on Del Obispo project ( cumulative project 4) is nearly complete and is the closest project to the project site (approximately 1,000 feet north). As discussed in Section 4.6, Noise, project construction would not exceed the FT A guidance-based threshold of 80 dBA, and project construction noise would result in a less than significant impact. Although construction noise would be within FTA standards, project construction could cause the outdoor ambient sound environment at nearby offsite NSR to increase by as much as 14 dB with respect to the daytime Leq value range of 60-65 dBA. To reduce changes 46 to outdoor ambient noise levels, the project would implement MM-NOI-1 related to management of the construction equipment, hours, and schedule. With implementation of MM NOI-1 during project construction, potential impacts to outdoor ambient noise levels resulting from construction activities and equipment would be reduced to a less than significant level. Construction of the nearby Farm on Del Obispo project is also subject to applicable noise- related policies in the City's General Plan Noise and Safety Element and noise requirements in the City's Municipal Code, including limits on construction hours of operation. In addition, similar construction noise mitigation would be applicable to the Farm on Del Obispo project pursuant to the CEQA document prepared for that project. Therefore, nearby cumulative construction noise contribution to outdoor ambient noise levels would also be reduced. All other ongoing and future anticipated development considered in this cumulative analysis would be located further away (see Figure 5-1) and would not be anticipated to influence the immediate project area because construction-related noise is typically a site-specific impact that affects those near the construction activities. For these reasons and with implementation ofMM-NOI-1, the project would not result in a new or substantially more severe cumulative construction noise impact and the project's potential contribution to short-term construction noise impacts would not be cumulatively considerable, and therefore, no additional mitigation is required. (Draft EIR, pp. 5-11 through 5- 12.) N. PUBLIC SERVICES The cumulative geographic context for public services is the jurisdictional boundaries of the agencies providing public services, which in this case would include the Orange County Fire Authority, Orange County Sheriffs Department, Capistrano Unified School District, and City of San Juan Capistrano. A cumulative impact would occur if cumulative projects resulted in demand to existing public service providers such that service standards could not be met, or additional facilities would need to be developed to serve the demand. The proposed project would be development of a park facility and is not anticipated to result in a significant impact to any public services. The proposed project would be complementary to the adjacent park and recreational uses, and would be served by the same fire and police providers that serve the adjacent uses. Demand could increase slightly due to expansion of recreational uses but would not be substantial given the project size and proposed recreational use. Therefore, the project's potential contribution to impacts related to public services would not be cumulatively considerable, and no mitigation is required. (Draft EIR, p. 5-12.) 0. RECREATION Cumulative projects in the City would have the potential to result in a significant cumulative impact if they would, in combination, result in the deterioration of parks and recreational facilities due to increased usage. The geographic boundary for this cumulative analysis includes all parks and recreational facilities within the project vicinity and region. Some cumulative projects, such as residential developments, would have the potential to increase the demand for recreational facilities, which could result in deterioration of existing facilities. The 47 project is a skatepark and trail that would provide additional recreational facilities to the community, and thus would not result in a negative impact on these resources. Therefore, the project's potential contribution to impacts related to recreation would not be cumulatively considerable, and no mitigation is required. (Draft EIR, pp. 5-12 through 5-13.) P. TRANSPORTATION As discussed in Section 4. 7, the project would not introduce any new features to a roadway that would result in a hazard or restrict emergency access. The proposed project would introduce a new multi-use trail which would provide more connectivity to existing bicycle and pedestrian routes in the area, consistent with several policies set forth in the General Plan. Furthermore, the project would provide another local recreational facility and would not result in daily vehicle trips that would conflict with policies and regulations regarding vehicle miles traveled (VMT). As a result, impacts would be less than significant. Cumulative impacts related to roadway hazards or restriction of emergency access would be localized to the roadways adjacent to the project sites. None of the cumulative projects within one mile of the project site (The Farm, City Hall, Distrito La Novia -San Juan Meadows, and Ganahl Lumber) would utilize the same roadway or propose any changes to the roadway utilized by the project for construction and operation ingress/egress (Camino Del Avion). As such, no localized cumulative impacts would occur related to roadway hazards or emergency access. Regarding conflict with policies or programs regulating transportation, all cumulative projects must also be consistent with relevant plans including the General Plan, the OCTA CBSP and CMP plans, and the Municipal Code, which govern roadway, transit, bicycle, an pedestrian facilities. Compliance with these regulations would result in less than significant cumulative impacts. Regarding cumulative VMT impacts, many of the cumulative projects are infill or redevelopment projects, which generally do not induce an increase in VMT. All cumulative projects would be subject to VMT screening and analysis pursuant to the City's VMT analysis guidelines. Per City's guidelines, if a project generates 200 or fewer weekday daily trips, it is considered consistent with the City's Administrative Policy and is screened from conducting a VMT analysis. Further, if projects conducting VMT analyses result in VMT impacts, mitigation measures would be applied to ensure consistency with VMT guidance and CEQA Guidelines section 15064.3, subdivision (b). As such, impacts would not be cumulatively considerable, and therefore, no mitigation is required. (Draft EIR, p. 5-13.) Q. TRIBAL CULTURAL RESOURCES Impacts would be considered cumulatively considerable if the cumulative projects listed in Table 5-2 would result in direct or indirect permanent impact to identified TCRs, and implementation of mitigation or compliance with regulation would not avoid or reduce the impact. The cumulative projects listed in Table 5-2 may result in potentially significant impacts to known 48 or previously undiscovered tribal resources that are identified over the course of project implementation. Compliance with existing regulations, such as 14 CCR Section 15064.5 and Public Resources Code Section 21074, as well as implementation of mitigation, including provision of archaeological and tribal cultural monitors during ground disturbing activities would reduce potential impacts. No tribal cultural resources were identified at the project site as a result of a thorough cultural assessment or as a result of consultation between the City and California Native American tribes; therefore, the project would not contribute to a cumulative loss of identified tribal resources in the region. However, despite thorough cultural assessments intended to identify or determine the potential for cultural resources to exist within a Project site, the potential to encounter yet unknown and unrecorded buried tribal cultural resources cannot be ruled out when ground disturbances occur within native soils. In the event that yet unknown and unrecorded tribal cultural resources are encountered during project implementation, impacts to these resources would potentially be significant. To appropriately respond to the unanticipated and inadvertent discovery of yet unknown and unrecorded archaeological resources and mitigate potential impacts to a level of less than significant, the project shall incorporate MM-CUL-1 through MM-CUL-3. When considered in combination with the impacts of other projects in the cumulative scenario, the project would not be cumulatively considerable because implementation of MM-CULl through CUL-3 would avoid or reduce project impacts associated with accidental damage to unknown resources to a less-than-significant level. Further, cumulative development would also be required to implement similar mitigation to avoid or reduce impacts to unanticipated tribal resources. Therefore, the project's potential contribution to impacts related to previously undiscovered tribal resources would not be cumulatively considerable, and therefore, no further mitigation measures are required. (Draft EIR, pp. 5-13 through 5-14.) R. UTILITIES The cumulative geographic scope for utilities would be the project region that is served by the utility providers. For the project, this would include the City of San Diego, South Orange County Wastewater Authority, and County of Orange Integrated Waste Management. Cumulative impacts would occur if the cumulative projects would together result in demand on utility and service systems that could not be met by existing and planned infrastructure and facilities. The proposed project would produce minor demand for water, wastewater, and solid waste services due to the proposed park and associated restroom facility. Given the size of the project, it is anticipated that existing utility demand and services would be sufficient to serve the proposed project. Therefore, the project's potential contribution to impacts related to utilities and service systems would not be cumulatively considerable, no mitigation is required. (Draft EIR, p. 5-14.) S. WILDFIRE The cumulative geographic scope for wildfire-related impacts would be the project vicinity and region. The project is not located in a Very High Fire Hazard Severity Zone or a Wildland Fire Area that may contain substantial fire risk. The nearest Wildland Fire Area that may contain substantial fire risk is located approximately 0.5 miles east of the site. Additionally, the nearest Very High Fire Hazard Severity Zone is located approximately 1.3 miles southeast of the project 49 site. Projects developed in a Very High Fire Hazard Severity Zone may result in significant impacts if they would exacerbate existing dangerous conditions or interfere with emergency response. The project would not exacerbate wildfire risk due to its location and proposed uses. Any future development of cumulative projects would be required to comply with applicable federal, state, and local regulations related to emergency response and wildland fires. Required compliance with these regulations would ensure impacts related to wildfire and associated emergency response would be less than significant. Therefore, impacts related to emergency response and wildfires would not be cumulatively considerable, no mitigation is required. (Draft EIR, pp. 5-14 through 5-15.) SECTION 6. FINDINGS REGARDING GROWTH-INDUCING IMPACTS The State CEQA Guidelines requires a Draft EIR to discuss the ways in which the Project could foster economic or population growth or the construction of additional housing, directly or indirectly, in the surrounding environment. Under State CEQA Guidelines section 15126.2(e), a project would be considered to have a growth-inducing effect if it would result in any of the following effects: • Directly or indirectly foster economic or population growth, or the construction of additional housing in the surrounding environment; • Remove obstacles to population growth ( e.g., construction of an infrastructure expansion to allow for more construction in service areas); • Tax existing community service facilities, requiring the construction of new facilities that could cause significant environmental effects; or • Encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. Here, the Project would not result in significant growth-inducing impacts. (Draft EIR, pp. 6-1 through 6-2.) The San Juan Capistrano Skatepark and Trail Project (project) would require a temporary construction workforce to construct the proposed skatepark, new playground, restroom building, raised berm seating, and associated improvements. The number of construction workers needed during any given period would largely depend on the specific stage of construction but would likely range from a dozen to several dozen workers on a daily basis. The project would not require a permanent operational workforce; the project operation and maintenance would be served by existing City employees and the project would serve an existing community. Therefore, the project would not induce population growth in the project area. (Draft EIR, p. 6-1.) The project would construct a skatepark and associated amenities presumed to be utilized by residents in the City. The project would not introduce residential uses nor businesses to the project area and would not directly or indirectly lead to unplanned population growth or need for additional housing. (Draft EIR, p. 6-1.) According to the 2022 U.S. Census, the population of the City was approximately 34,548 50 residents (U.S. Census Bureau 2022a). According to the City's General Plan Housing Element, San Juan Capistrano is projected to grow by approximately 15.4% by 2045, an increase of 41,900 new residents (City of San Juan Capistrano 2022b). As such, the project's temporary employment requirements could likely be met by the City's existing labor force without people needing to relocate into the project region, and the project would not stimulate population growth or a population concentration above what is assumed in local and regional land use plans. (Draft EIR, p. 6-1.) Projects that physically remove obstacles to growth, or projects that indirectly induce growth, are those that may provide a catalyst for future unrelated development in the area. The project would involve installation of a new restroom building, which would connect to the City's existing water and energy utilities. The project's utility demands would be served by the City's projected current and future supplies, especially since the project would use a relatively nominal percentage of the projected supplies available to the City moving forward. The purpose of these utilities is solely to serve the needs of the project, and not to provide capacity for future projects or growth. No roadway construction is planned as part of the project; thus, the project would not result in indirect population growth by providing vehicular access to an area presently lacking such access. (Draft EIR, p. 6-1.) Based on the proximity of the project site to existing facilities, the average response times in the project area, the ability for nearby cities to respond to emergency calls, and the fact that the project site is already located within the San Juan Capistrano Police Services and the Orange County Fire Authority (OCF A) service areas, the project would be adequately served by public services without the construction of new, or the expansion of existing, facilities. The project would not result in an incremental increase in calls for service to the project site compared to existing conditions and would not result in the need for new or expanded fire or police facilities. Lastly, since the project would not directly or indirectly induce unplanned population growth in the City, it is not anticipated that many people would relocate to the City as a result of the project, and an increase in school-age children requiring public education is not expected to occur as a result. Thus, the need for new or expanded school facilities is not required. (Draft EIR, pp. 6-1 through 6-2.) In conclusion, the project would not cause population growth through new job opportunities, would not remove obstacles to population growth, and would not cause an increase in population such that new community facilities or infrastructure would be required outside of the project site. Lastly, the project is not expected to encourage or facilitate other activities that could significantly affect the environment, as explained above. For these reasons, the project is not considered to be significantly growth inducing. (Draft EIR, p. 6-2.) SECTION 7. FINDINGS REGARDING ALTERNATIVES The EIR analyzed three alternatives to the Project as proposed and evaluated these alternatives for their ability to avoid or reduce the Project's significant environmental effects while also meeting the majority of the Project's objectives. 51 A. PROJECT OBJECTIVES The following objectives have been established for the proposed Project: Objective 1: Fulfill a long-standing need for a skatepark facility in the community to address the express interest of residents and stakeholders as reflected in the City's 2007 recreational needs assessment. Objective 2: Create a destination skatepark facility for City and surrounding residents to encourage safe skating in a designated area rather than on public and private property where skating may be prohibited. Objective 3: Develop a skatepark facility in a location that is easily accessible, highly visible, and provides a safe environment for park users. Objective 4: Develop a skatepark facility that is contiguous to other recreational facilities in order to maximize cohesive recreational land use patterns that encourage community engagement, functionality, and convenience. Objective 5: Optimize the development and use of City-owned property with an emphasis on meeting community needs. Objective 6: Develop a skatepark facility that includes a restroom and playground amenities to meet the needs of skaters and visitors with children that may be too young to skate B. ALTERNATIVE SITE CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS CEQA does not require that an analysis of alternative sites be included in an EIR. However, if the surrounding circumstances make it reasonable to consider an alternative site, then an EIR may appropriately consider and analyze alternative sites. An EIR is required to identify any alternatives that were considered by the lead agency but were rejected as infeasible. Among the factors described under Section 15126.6(c) of the Guidelines in determining whether to exclude alternatives from detailed consideration in an EIR are failure to meet most of the basic objectives of the project, infeasibility, or inability to avoid significant environmental impacts. With respect to the feasibility of potential alternatives, Section 15126.6(£)(1) states the following: Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries ... and whether the proponent can reasonably acquire, control, or otherwise have access to the alternative site. If no feasible alternative locations exist, the agency must disclose the reasons for this conclusion. (State CEQA Guidelines, § 15126.6(f)(2)(B).) Alternatives were developed by 52 identifying other locations in the City where a skatepark facility could feasibly be developed. The parameters for identifying potential alternative sites included property that was owned or leased by the City, was vacant or underused, and was large enough to accommodate a state-of-the art skatepark facility. No other City properties were identified that meet all of these criteria. In determining an appropriate range of project alternatives to be evaluated in this EIR, one possible alternative (Descanso Park Alternative) was initially considered and then rejected. This project alternative was rejected because it could not accomplish the objectives of the project, would not have resulted in a reduction of significant adverse environmental impacts, and was considered infeasible to construct or operate. (Draft EIR, pp. 7-3 through 7-5.) The City considered a project alternative that would redevelop the existing Descanso Park into a skatepark facility. Descanso Park is located just south of the San Juan Capistrano Police station and other City Department buildings, on a peninsula of land in between two forks of the channelized Trabuco Creek. The existing park facility includes a playground, a picnic area, an open field, and a restroom building. This alternative would include redeveloping the entire Descanso Park, or just the open field portion, into a skatepark facility offering similar amenities to the proposed project. The Descanso Park property is owned by the County of Orange and leased by the City. Per the lease agreement, the County of Orange must approve any improvements proposed for the site, and if approved for construction, any improvements become the property of the County. The current lease agreement also allows the County to terminate the agreement with 60-day notice to the City. Prior to considering Descanso Park as a potential skatepark location, the City would need approval from the County that redevelopment of the site into a skatepark would be allowed and would need to negotiate significant amendments to the existing lease agreement to ensure the substantial financial investment of a skatepark property would remain in perpetuity on the site. Due to these ownership conditions, this alternative was not considered feasible or practical by the City. In addition, the site sits at the dead end of Paseo Adelanto on a peninsula ofland in between two forks of the channelized Trabuco Creek. The site is accessible to pedestrians and bicyclists from San Juan Creek Trail and Trabuco Creek Trail, which wraps around the park. Visitors using public transport would also need to access the skatepark from these adjacent trails because the site is not otherwise accessible from any major streets and/ or sidewalks due to the adjacent concrete channels. Given the single point of entry/exit and the site's unique location, the City also identified concerns related to vehicular parking options for the site. The site currently provides few onsite vehicular parking spaces and parking onsite could only be minimally increased due to the triangular shape of the site and the single point of entry/exit available to the site. In addition, offsite vehicular parking options along Paseo Adelanto are extremely limited as parking is reserved for adjacent City department building employees and visitors. Therefore, the City determined the lack of vehicular parking options on or near the site greatly impact the feasibility of this site as a skatepark location. 53 In addition to the ownership conditions and lack of parking options described above, this alternative would not meet Project Objectives 3, 4 or 5 (see Section 7.1 above). Regarding Objective 3, this alternative location would not be highly visible due to its location or easily accessible because it's not located on or adjacent to a major road and is not located near offsite and/or on street public parking options. Regarding Objective 4, the location is isolated from any major roads and provides very limited parking options on or near the site; therefore, the site location would not encourage functionality and convenience for visitors. Regarding Objective 5, this alternative would not be located on City-owned property. In addition, it would involve removing existing recreational facilities that are used by the community. Thus, this alternative site was considered by the City but rejected because it would not be a feasible alternative for the reasons described above. C. ALTERNATIVES SELECTED FOR ANALYSIS IN THE EIR 1. Alternative 1: No Project Alternative Description: Alternative 1 would result in no change to the existing conditions on the project site. Under Alternative 1, there would be no construction, ground disturbance, or operation of a skatepark recreational facility. (Draft EIR, p. 7-6.) Impacts: Alternative 1 would not impact the existing agricultural resources present on the project site and existing agricultural operations within the project site boundaries would continue. Thus, Alternative 1 would not result in the removal of Prime Farmland or any other Farmland of Statewide Importance from farming uses. As such, significant and unavoidable impacts (project and cumulative) with mitigation incorporated that would occur as a result of agricultural land conversion under the project would not occur under Alternative 1. Similarly, Alternative 1 would not result in any ground disturbance that would potentially affect biological, cultural, tribal cultural, or paleontological resources present, or potentially present, on the project site. As such, the less than significant impacts with mitigation incorporated that would occur related to these resources under the development of the proposed project would not occur under Alternative 1. Short-term construction activities related to the proposed project could result in potential significant impacts to ambient noise levels in the project vicinity that would be reduced with the implementation of mitigation to a less than significant level. Under Alternative 1, there would be no construction; therefore, there would be no noise-related impacts. Implementation of Alternative 1 would not protect the project site or prevent future project applications or development from occurring on the project site. In the future, development could occur on the project site allowed under the current Kinoshita Specific Pan and land use and zoning designations, or with a Minor Use Permit or Major Use Permit. Future development could result in potential impacts related to ground disturbance, construction, or intensification of uses. (Draft EIR, p. 7-6.) 54 Objectives and Feasibility: The No Project Alternative would fail to meet any of the Project's objectives. (Draft EIR, p. 7-6.) Finding: The City Council rejects the No Project Alternative on grounds that it fails to meet any of the Project objectives. Therefore, the No Project Alternative is eliminated from further consideration. 2. Alternative 2: Develop Skatepark with a 500-Foot Setback from Camino Del A vion Description: Alternative 2 would result in the same scale, site plan layout, and design of the proposed skatepark facility and trail as the proposed project; however, the project footprint would be set back 500 feet north of Camino del Avion Road (see Figure 7-1). The entrance to the skatepark would be accessible from Camino del A vion Road or Via Positiva Road via the proposed trail located west of the project site. Operation of Alternative 2 would occur consistent with operation of the proposed project and the same project approvals would be required for Alternative 2 as for the proposed project. (Draft EIR, p. 7-6.) Impacts: Like the project, Alternative 2 would result in a significant and unavoidable impact to agricultural resources at a project level, and cumulatively significant and unavoidable. Relative to the project, impacts to biological resources, archaeological resources, undiscovered human remains, paleontological resources, and tribal cultural resources would be of similar magnitude under Alternative 2. Alternative 2 would be at least 410 feet farther from the nearest residential NSRs and would therefore result in a less than significant impact to the outdoor ambient sound environment near NSRs during construction. Relative to the project, potential construction noise-related impacts under Alternative 2 would be of lesser magnitude for residential sensitive noise receptors because of the increased distance from residential uses. (Draft EIR, pp. 7-6 through 7-8.) Objectives and Feasibility: Alternative 2 would meet Objectives 1, 2, 5, and 6 entirely, as it would provide the community-requested skatepark facility and associated amenities within a City-owned property and would encourage skateboarding within a designated area. Alternative 2 would not entirely meet Objectives 3 and 4 because the location of Alternative 2 is at least 500 feet from a public roadway and associated sidewalks, making the facility less visible. (Draft EIR, p. 7-8.) Finding: The City Council rejects Alternative 2 on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) this alternative does not avoid the Project's significant and unavoidable impact on the environment; and (2) this alternative meets the Project objectives to a lesser extent than the proposed Project. Therefore, Alternative 2 is eliminated from further consideration. 55 3. Alternative 3: Develop Skatepark at San Juan Capistrano Community Gardens Description: Alternative 3 would consist of development of the same size skatepark facility, operations, and trail alignment as the proposed project. However, the site design and layout of the skatepark facility would be altered and the proposed playground, including the restroom building, would no longer be proposed due to spacing concerns to accommodate the different shape and smaller size of the Alternative 3 site. Implementation of Alternative 3 would include demolition of the existing community garden and associated parking area to allow for development of the skatepark facility. The community garden site is designated as Community Park and is designated as Urban and Built-Up Land under the Farmland and Mapping and Monitoring Program (FMMP) [see Figure 4.1-1]. Although the site would be located off Via Positiva, it is anticipated vehicles would access the site from Camino Del Avion because Via Positiva does not provide onstreet parking, does not have adequate road width for cars to pull over to drop visitors off, and is located farther from available parking options (i.e., Community center lot and onstreet parking along Camino Del Avion). (Draft EIR, p. 7-8.) Impacts: Alternative 3 would not avoid any of the Project's significant and unavoidable impacts, but it could result in a nominally lesser impact to environmental impact areas such as agricultural, biological, cultural resources, paleontological resources, and tribal cultural resources due to the smaller development footprint. (Draft EIR, pp. 7-8 through 7-10.) Relative to the project, construction-related noise impacts from Alternative 3 would be greater because the nearest residential NSRs and a school located along Via Positiva would be a closer distance. (Draft EIR, p. 7-9.) Objectives and Feasibility: Alternative 3 would meet Objectives 1 and 2 entirely, as it would provide the community-requested skatepark facility and encourage skateboarding within a designated area. Alternative 3 would not entirely meet Objective 3, because although the site would be highly visible from Via Positiva, accessibility of the site would be reduced for visitors with vehicles due to no onstreet parking or road width to accommodate space for visitor drop offs on Via Positiva Way. Alternative 3 would not entirely meet Objective 4, because although it would develop a skatepark contiguous with other recreational facilities, the functionality and convenience of the site would be reduced without an onsite restroom and playground for visitors. Further, functionality and convenience would be reduced for visitors with vehicles as they would not be able to park along Via Positiva or have adequate space to drop off visitors due to the road width. Alternative 3 would partially meet Objective 5 because the site is owned by the City; however, development of this property would remove the existing public community gardens, which is also a public facility that is currently serving community needs. Alternative 3 would not meet Objective 6 because the site would not include a restroom and playground amenities to meet the needs of skaters and visitors with children that may be too young to skate. As such, Alternative 3 would meet most of the project objectives but not in their entirety. (Draft EIR, p. 7-10.) Alternative 3 also would not avoid the Project's significant and unavoidable impacts in its entirety. Alternative 3 would convert 0.78 acres of Prime Farmland to non-agricultural uses. 56 Finding: The City Council rejects Alternative 3 on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) this alternative does not fully avoid the Project's significant and unavoidable impact on the environment; and (2) this alternative meets the Project objectives to a lesser extent than the proposed Project, and does not meet Objective 6. Therefore, the Alternative 3 is eliminated from further consideration. D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE Section 15126.6( e )(2) of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed Project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. The No Project Alternative would avoid all of the significant effects of the Project. However, pursuant to State CEQA Guidelines section 15126.6(e)(2), if a "no project" alternative is identified as the "environmentally superior alternative" then the EIR shall also identify an environmentally superior alternative among the other alternatives. Accordingly, Alternative 3 is identified as the environmentally superior alternative. None of the alternatives would eliminate the Project's significant and unavoidable impacts relating to agricultural resources. However, Alternative 2 does reduce construction-related noise impacts and would result in similar impacts to the remaining resources. Alternative 2 meets most of the Objectives, but does not entirely meet Objectives 3 and 4. For these reasons, Alternative 2 is identified as the environmentally superior alternative. (Draft EIR, p. 7-11.) Alternative 3 would result in greater short-term construction noise impacts. It would reduce, but not avoid, the significant and unavoidable impacts to agricultural resources. Moreover, Alternative 3 would result in reduced impacts to agricultural resources, biological resources, cultural resources, paleontological resources, and tribal resources because of its smaller project site. Therefore, Alternative 3 would be considered environmentally superior to the proposed project and Alternative 2 overall. Alternative 3 would not meet all project objectives, as it would not meet Objective 6. Alternative 3 would fall short in meeting objectives related to accessibility, functionality, and convenience because (1) it lacks onsite restroom and playground amenities to meet the needs of skaters and visitors with children that may be too young to skate; and (2) it is located along Via Positiva Way, a road that does not provide street parking or adequate space to drop off visitors due to road width and is located farther from available parking options (i.e., Community center lot and onstreet parking along Camino Del Avion). (Draft EIR, p. 7-11.) Accordingly, the City Council rejects Alternative 3 and adopts the proposed Project. SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS The City Council hereby declares that, pursuant to State CEQA Guidelines section 15093, the City Council has balanced the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project. Pursuant to the State CEQA Guidelines, 57 if the benefits of the proposed Project outweigh the proposed Project's unavoidable adverse environmental impacts, those impacts may be considered "acceptable." Having reduced the adverse significant environmental effect of the Project to the extent feasible by adopting the Mitigation Measures contained in the EIR, the Mitigation Monitoring and Reporting Program (MMRP), and this Resolution, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impact after mitigation, the City Council has determined that each of the following social, economic, and environmental benefits of the Project separately and individually outweigh the Project's potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: A. The Project fulfills a long-standing need for a skatepark facility in the community to address the express interest of residents and stakeholders. B. The Project creates a state-of-the-art skatepark facility for City and surrounding residents to encourage safe skating in a designated area rather than on public and private property where skating may be prohibited. C. The Project develops a skatepark facility in a location that is easily accessible, highly visible, and provides a safe environment for park users. Moreover, the skatepark will be developed on a site that is contiguous to other recreational facilities in order to maximize cohesive recreational land use patterns that encourage community engagement, functionality, and convenience. D. The Project optimizes the development and use of City-owned property with an emphasis on meeting community needs. E. The Project promotes family-cohesiveness by developing a skatepark facility that includes a restroom and playground amenities to meet the needs of skaters and visitors with children that may be too young to skate. The City Council hereby declares that the foregoing benefits provided to the public through the approval and implementation of the Project outweigh the identified significant adverse environmental impact of the Project that cannot be mitigated. The City Council finds that each of the Project benefits separately and individually outweighs all of the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. 58 EXHIBIT "B" MITIGATION MONITORING AND REPORTING PROGRAM 59 EXHIBIT "C" CODE AMENDMENT (CA) 22-007 60 EXHIBIT "D" AMENDED ZONING MAP 61