Resolution Number 04-01-06-05RESOLUTION NO. 04-01-06-0 S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND APPROVING THE DESIGN CONCEPT FOR THE
LOS RIOS HISTORIC DISTRICT PARKING LOT (CIP NO. 125)
WHEREAS, the City Council, on June 4, 2002 approved the concept plan for the
Los Rios Historic District Parking Lot and directed staff to submit the project to the
Environmental Administrator for environmental determination and Commission referral;
and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and has issued a
negative declaration and caused a Notice of Negative Declaration to be posted pursuant
to the City's Environmental Review Guidelines, and has included all mitigation
measures herein as conditions of approval, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Cultural Heritage Commission and the Planning Commission
have considered the Environmental Administrators determination pursuant to Section
15074 of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Cultural Heritage Commission conducted a duly noticed public
meeting on October 28, 2003 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project; and,
WHEREAS, the Planning Commission conducted a duly noticed public meeting
on December 9, 2003 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan; and,
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to the mitigation measures and conditions of approval contained in
this resolution; and,
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3. The proposed project is consistent with the policies and objectives of the Los
Rios Specific Plan, which proposes a parking lot in this location.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of a
mitigated negative declaration, and approval of the design concept subject to the
following mitigation measures:
Mitigation Measures
Mitigation Measure #11: All outdoor lighting shall be reviewed and approved
prior to issuance of any building permits, the City shall prepare a complete
lighting plan which illustrates the location of all proposed methods of illumination
for the project site, and to include landscaping accent lighting, exterior building
mounted lights, and parking lot lighting consistent with Section 9-3.614 of the
Municipal Code. The plans shall reflect type of fixture, location, height, and
surface illumination measurements, subject to final review and approval by the
City Council.
Mitigation Measure #2: Prior to approval of any development plan, the City
shall assure that all aspects of the proposed Public Parking and R.V. Storage Lot
concepts are designed in a manner that is consistent with the Site Design
Guidelines and Architectural Design Guidelines for the Los Rios Historic District.
Mitigation Measure #3: Development plans submitted for approval shall
incorporate a substantial edge treatment and open space buffer area that
provides a clear visual separation between the Public Parking/ R.V. Storage lot,
and the Los Rios Historic District.
Mitigation measure #4: Prior to issuance of a grading permit, the City shall
prepare and maintain 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, and regular vehicle maintenance.
Mitigation measure #5: 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
(PM10).
Mitigation Measure #6: Prior to issuance of a grading permit, which would
permit trenching or grading at a depth of eighteen inches or greater, the City
shall retain the services of a RPA (Register of Professional Archeologists) -
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certified field archeologist who will monitor all grading and excavation for
potential impacts on cultural resources including archeological, paleontological,
and historic resources. The City will execute a contract for services with a RPA
(Register of Professional Archeologists) -certified field 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 #7: Prior to issuance of any grading or building 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 #8: The proposed storm water drainage system design
shall comply with the Citys adopted "storm water management regulations and
policies" and subject to review and approval by the City Engineer or his
designee.
Mitigation Measure #9: Prior to the issuance of a grading permit, the City
shall demonstrate compliance with the applicable provisions of the National
Pollution Discharge Elimination System (NPDES) requirements subject to the
satisfaction of the City Engineer.
Mitigation Measure #10: Prior to issuance of any building or grading
permit, the City shall prepare and maintain a storm water management design
incorporating best management practices (BMP) to minimize impacts to surface
water quality.
Mitigation Measure #11: Any grading or building development within the
regulatory 100 year Floodplain will be required to demonstrate compliance with
the City's Floodplain Management Overlay District (Municipal Code Section 9-
3.503) and the Floodplain Management Regulation (Municipal Code Title 8,
Chapter 11).
Mitigation Measure #12: Prior to approval of any land development
application or building and grading permit, the project shall submit and obtain
approval of a Water Quality Management Plan (WQMP), to the satisfaction of the
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City Engineer, which identifies best management practices (BMPs) to control
pollutant runoff. The WQMP shall include the routine, structural, and non-
structural measures specified in the Countywide NPIDES Drainage Area --
Management Plan (DAMP) Appendix. The WQMP will establish long-term
maintenance responsibility of all BMPs, and the location of structural BMPs.
Mitigation measure #13: Prior to issuance of a grading permit, The city
shall prepare and maintain a "haul route permit" in accordance with City Policy.
The City shall restrict the hours of import/ export to exclude the AM and
PM peak periods so as to minimize impacts to the surrounding roadways and
intersection.
PASSED, APPROVED AND ADO 6t�7y of January 2004 by the
following vote, to wit: 7"
ATTEST:
R. MONAHAN, City Clerk
Joe Sq(to, Mayor
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. 04-01-06-05 was duly adopted by the City
th
Council of the City of San Juan Capistrano at a regular meeting thereof , held the 6 day of
January 2004, by the following vote:
AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNClk� MWBERS: None
75;1
ARET R. MONAHAN, City Clerk 4 01-06-2004