Resolution Number 03-12-02-05RESOLUTION NO. 03-12-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND APPROVING PRELIMINARY DESIGN PLANS FOR
THE CONSTRUCTION OF A SIX MILLION GALLON TERMINAL
RESERVOIR, NUMBER THREE TO REPLACE THE EXISTING TEN
MILLION GALLON TERMINAL RESERVOIR NUMBER TWO LOCATED
IMMEDIATELY WEST OF 27171 HIGHLAND DRIVE (HIGHLAND DRIVE
SITE)
WHEREAS, The City of San Juan Capistrano Public Works Department has
requested certification of a Mitigated Negative Declaration and approval of preliminary
design plans for the construction of a 6 MG Terminal Reservoir No.3 to replace the
existing 10 MG Terminal Reservoir No.2, and ancillary site work associated with the
construction of TR -3 that includes: 1) Construction of a.small, enclosed structure
(approx. 15' x 25') to house reservoir altitude valves, remote SCADA control panel,
electrical panel, and Chloramine generator system. This structure, or T3 itself will have
a 15' radio antenna on the roof. (2) Paving the existing gravel access road that runs
northeast from Mission Hills Drive to the reservoir site. (3) Stockpiling of up to 120,000
CY of excavated dirt in a vacant area, southwest of the reservoir site. (4) Replacement
of the existing chain link fence with a new six foot high chain link fence topped with
three strands of barbed wire. The property is located immediately west of Highland
Drive, and one mile east of Rancho Viejo Road which is General Plan -designated "P/1"
(5.0 Public & Institutional), and classified as "P&I" Public & Institutional on the Official
Zoning Map.
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.337, Public Improvement Plans and Outside Agency Development Review of the Land
Use Code; and,
WHEREAS, the Environmental Administrator has prepared an initial study
pursuant to Section 15063 of the CEQA Guidelines and, pursuant to Section 15070 of
the CEQA Guidelines, has issued a Mitigated Negative Declaration and caused a Notice
of Negative Declaration to be posted pursuant to Section 15072 of the CEQA
Guidelines, and all mitigation measures have been included herein, and the City has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (CEQA); and,
1 12-02-2003
WHEREAS, the City Council conducted a duly noticed public meeting on
December 2, 2003 pursuant to Section 9-2.313 of the Municipal Code to consider public
testimony on the proposed project; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
I The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan, specifically, the Public Services & Utilities
Element because the replacement reservoir will assist in ensuring that the City
maintains the ability to provide the required domestic water storage capacity, as
well as high-quality, dependable water service to the community; and,
2. The proposed project has been designed in a manner consistent with the San
Juan Capistrano Open Space Master Plan, in that the DWMP identifies the
replacement of the existing 10 MG reservoir TR2, with a new 6 MG reservoir
TR3. The balance of 4 MG will be addressed through future reservoir
construction also included in the Domestic Water Master Plan; and,
3. The proposed project complies with all applicable provisions of the City's
administratively approved Public Facility Standards for public works projects.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby confirm issuance of a Mitigated Negative
Declaration and approves the preliminary design plans for the project, subject to the
following mitigation measures:
Mitigation Measures
Mitigation measure #1: Prior to issuance of a grading permit, the Public Works
Department shall submit dust control plans/procedures for managing/reducing dust and
PM10 emissions associated with grading and construction to the satisfaction of the
Planning Director or his designee. Plans/procedures for PM10 emissions reduction will
be consistent with South Coast Air Quality Management District (SCAQMD) Rule 403
and may include use of soil binders, truck washing, street sweeping, periodic watering
of stockpiles, and regular vehicle maintenance. Implementation of the PM10 emissions
plans and procedures shall be utilized during all demolition, excavation, grading, and
construction activities for this project.
Mitigation measure #2: During periods when average wind speeds exceed twenty-five
(25) miles per hour, the City's grading inspector shall have the authority to require the
project to cease all grading activity, or implement extraordinary air quality mitigation to
effectively reduce fugitive dust emissions (PM,o).
2 12-02-2003
Mitigation Measure #3: Prior to issuance of any demolition, grading, or building permits
for the site, the city shall provide and implement construction mitigation measures
prepared by a wildlife specialist to ensure that the construction activities that occur
beyond the boundaries of the terminal reservoir site and .48 acres identified as Coastal
Sage Scrub and Costal California Gnatchatcher habitat in the 4(d) permit for taking, and
issued by USFWS and CDFG does not encroach into any surrounding sensitive habitat,
subject to final review and authorization to proceed from the Planning Director. If the
final grading design results in additional impacts, the City shall request an amendment
to the current 4(d) permit from the USFWS, and pay the appropriate permit fees prior to
construction. Should the USFWS require additional mitigation measures during
construction, those measures shall be included in the construction documents.
Mitigation Measure #4: Prior to issuance of any demolition, grading, or building permits
the city shall coordinate with the Army Corps of Engineers (USACE) in obtaining a
nationwide permit under section 404 of the Clean Water Act for the deposition of
dredged or fill material, or if the project qualifies for a nationwide permit 39 then the City
shall work with the USACE to complete all pre -construction package requirements.
Mitigation Measure #5: Prior to issuance of any demolition, grading, or building permits
the city shall coordinate with the Regional Water Quality Control Board (RWQCB) in
obtaining a 401 water quality certification or waiver.
Mitigation Measure #6: Prior to issuance of any demolition, grading, or building permits
the city shall coordinate with the California Department of Fish and Game (CDFG) in
obtaining a Streambed Alteration Agreement for the proposed clearing of classified
wetlands.
Mitigation Measure #7: Prior to issuance of a grading permit, which would permit
trenching or grading at a depth of eighteen inches or greater, the applicant will retain the
services of a SOPA (Society of Professional Archeologists) - certified archeologist who
will provide on site monitoring of all grading and excavation for potential impacts on
cultural resources including archeological, paleontological, and historic resources. The
applicant will provide an executed contract for services with a SOPA-certified
archeologist including a scope -of -work which provides for comprehensive monitoring; a
contingency for assessment, recovery, and/or evaluation; and the preparation of a
technical memoranda or report. In the event cultural resources are encountered during
grading, the monitor may cease grading operations, consistent with City Council policy,
to allow for the assessment, recovery, and/or evaluation of any cultural resources.
Mitigation Measure # 8: Prior to commencement of any grading activities the Public
Works Department shall submit to the City Engineer and Building and Safety Manager
for their review and obtain approval for a Soils Report/ Final Geotechnical Stability
Analysis prepared by a Registered Geologist and/or Soil Engineer to determine the
seismic safety and soils stability of all proposed grading and development
improvements within the project and substructure bedding/backfill recommendations for
the project, and any affected adjacent properties, Said Geotechnical Study shall include
12-02-2003
but not be limited to the mitigation to potential fill and liquefaction -induced settlement,
the mitigation to slope stability by the removal of interfering landslide material and weak
bedrock and replacement with a structural engineered fill with proper drainage. (Engr.).
Mitigation Measure # 9: Erosion and Sediment Control. Prior to issuance of grading ,
or demolition permits, the Public Works Department shall submit to the City Engineer for
review and shall obtain approval for Erosion and Sediment Control Plans, prepared by a
Registered Civil Engineer. These plans shall show all temporary and/or permanent
erosion and sediment control measures in accordance with the NPIDES Permit. (Engr.).
Mitigation Measure # 10: Water Quality Requirements and Compliance. Prior to
issuance of grading, or demolition permits, the Public Works Department shall submit to
the City Engineer for review and shall obtain approval for a Water Quality Management
Plan(WQMP), specifically identifying structural and non-structural Best Management
Practices (BMP's) that will be used on-site to control predictable pollutant runoff. The
contractor shall obtain and follow the City of San Juan Capistrano's WQMP outline and
instructions. The contractor shall also comply with all the requirements of the latest
National Pollutant Discharge Elimination System (NPDES) Permit, the Citys Water
Quality Ordinance and the Clean Water Act. (Engr.).
Mitigation Measure # 11: Prior to issuance of any grading or demolition permit, the City
shall prepare and submit detailed hydraulic/hydrologic report which evaluates drainage
areas, storm water runoff, existing and proposed storm water drainage facilities to the
satisfaction of the City Engineer. Prior to issuance of any building or grading permits,
the City Engineer or his designee shall determine that the existing public storm water
drainage facilities potentially impacted by the project are adequate to accommodate all
drainage associated with the subject proposal. The City Engineer may require upgrade
of the existing public storm water drainage facilities in order to accommodate the
project's runoff.
Mitigation Measure # 12: The proposed storm water drainage system design shall
comply with the City's adopted "storm water management regulations and policies" and
subject to review and approval by the City Engineer or his designee.
Mitigation Measure # 13: All construction activities shall take place only between 7:00
A.M. and 6:00 P.M. (Monday through Friday). No construction activity shall take place
on Saturday, Sunday, or federal holiday.
Mitigation Measure #14: Submit Haul Route Plan. For importation / exportation of soil
in and out of the project site, the Public Works Department shall submit to the City
Engineer for review and obtain approval for, a Haul Route Plan specific to the project
and in compliance with all applicable City standards. (Engr.).
12-02-2003
Mitigation Measure #15: Obtain Haul Route Permit. Prior to issuance of grading or
demolition permits, the Public Works Department shall obtain a Haul Route Permit from
the Engineering Division which will specify the dates and times and head ways for -
hni dinn npfixiifioe IP nnr N
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 03-12-02-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2nd day of
December 2003, by the following vote:
AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL ME RS None
t5o���"7 Wx�
MA��RET R. MONAHAN, City Clerk
12-02-2003