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Resolution Number 04-03-02-01RESOLUTION NO. 04-03-02-01 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 AN INITIAL FOUR MILLION GALLON AND A FUTURE FOUR MILLION GALLON TERMINAL RESERVOIR. (760 ZONE SC -04 SOUTH TERMINAL RESERVOIRS/ SOUTH OPEN SPACE) WHEREAS, The City's Public Works Department in implementing the City's Master Water Plan, has requested approval of preliminary design concepts for Capital Improvement Project 791. The project involves grading of approximately 15 acres, the construction of an initial 4.0 million gallon (mg) reservoir and a future 4.0 mg reservoir , the construction of a 20 -foot wide maintenance access road from the terminus of Calle Delgado to the reservoirs, a 480 square foot chloramination facility, and appurtenant water feed and distribution lines. The site is located within the Glendale Federal Planned Community (CDP 81-02) approximately 1.5 miles east of the 1-5 and at the head of Reservoir Canyon, which connects to the terminus of Calle Delgado in the Meredith Canyon neighborhood. The area in which the reservoirs would be located is commonly referred to as the "South Open Space." which is General Plan -designated "GOS" (General Open Space), and classified as "PC" Planned Community (CDP 81-02) on the Official Zoning Map; and, 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, this project has been processed and reviewed in accordance with the California Environmental Quality Act (1970). The City's Environmental Administrator (EA) has reviewed this project and 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, WHEREAS, the Mitigated Negative Declaration was distributed for a 30 -day review period which ended on January 2, 2004 and the Governor's Office of Planning and Research State Clearinghouse notified the City that no State agencies commented on the proposed Mitigated Negative Declaration; and, WHEREAS, the City has made modifications to the grading plan which substantially reduce impacts to biological resources over which federal and state resource agencies have permitting authority; and, 03-02-2004 WHEREAS, the Commission hereby incorporates the wetlands determination, --- revised grading plan and proposed 4(d) concurrence request into the Mitigated Negative Declaration; and WHEREAS, a mitigation monitoring and reporting program (MMRP) has been prepared to meet the requirements of CEQA §21081.6 which is designed to ensure compliance with project revisions and mitigation measures imposed to avoid or substantially lessen the significant effects identified in the Mitigated Negative Declaration (MND), which is incorporated herein by reference; and, WHEREAS, CEQA requires that the City make findings prior to approval of a project for which an Mitigated Negative Declaration (MND) has been completed that all identified significant impacts have been reduced to a level of insignificance; and WHEREAS, the City has initiated contact necessary for project approval with the following agencies: U.S. Fish & Wildlife Service, California Department of Fish and Game, Army Corps of Engineers and California Regional Water Quality Control Board; and, I WHEREAS, pursuant to Public Resources Code §21089, this project requires the filing of California Department of Fish and Game fees in accordance with Section 711.4 of the Fish and Game Code; and, WHEREAS, the Mitigated Negative Declaration (MND) assumed permanent and temporary environmental impacts to vegetation associated with the project in the amount of 8.0 acres of Coastal Sage Scrub under the revised project grading scheme; and, WHEREAS, the project analyzed in the Mitigated Negative Declaration (MND) would have resulted in an impact to biological resources of 55 acres; and, WHEREAS, the Planning Commission conducted duly noticed public meetings on January 27 and February 10, 2004 pursuant to Section 9-2.313 of the Municipal Code and after considering public testimony, recommended approval of the proposed project; and, NOW, THEREFORE, the City Council hereby makes the following findings based on substantial evidence in the record: Pursuant to CEQA §15074, all environmental documentation comprising the Mitigated Negative Declaration (MND) considers all environmental effects of the proposed project, and is complete and fully complies with all requirements of CEQA and the Guidelines; and, 2 03-02-2004 2. The Mitigated Negative Declaration is complete in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and State CEQA Guidelines. 1 Subsequent consultations and permit applications with Federal and State resource agencies have resulted in a redesign of the project which reduces grading impacts to sensitive biological resources as follows: PERMANENT IMPACTS Coastal Sage Scrub (CSS)2.2 acres CSS/Annual Grassland (AnG) 0.8 acres Ruderal 1.9 acres TOTAL 4.9 acres TEMPORARY IMPACTS Coastal Sage Scrub (CSS)5.8 acres CSS/Annual Grassland (AnG) 2.4 acres Ruderal 2.0 acres TOTAL 10.2 acres TOTALIMPACTS 15.1 acres 4. The Mitigation Monitoring Program provides a systematic program to ensure implementation of the mitigation measures identified in the Mitigated Negative Declaration (MND); and, 5. No significant new information has been added to the Mitigated Negative Declaration pursuant to CEQA Guidelines §15073.5, such that recirculation for additional public review is necessary. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1 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 two proposed four million gallon reservoirs 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 Domestic Water Master Plan (DWMP) identifies the construction of two 4 MG reservoirs (760 Zone SC - 3 03-02-2004 04) in the City's South Open Space in order to provide necessary and required additional storage capacity for domestic water; increased storage capacity and associated pipelines will assist in providing higher levels of water service to the -- existing and proposed developments located in the southern part of the City, and will contribute to the implementation of the Plan's goal of increasing the domestic water storage capacity for the City from two days to five days; 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 certify the Mitigated Negative Declaration, and approves the preliminary design plans for the project, including revised grading plans which reduce significant environmental impacts, subject to the following mitigation measures: The reservoir site is within an earthquake -induced landslide hazard zone. Recommendations for site development that would reduce landslide potential to less than significant shall be identified by a qualified geotechnical engineer. The recommendations shall be made conditions of project approval and implemented prior to reservoir construction and operation. 2. Final slopes shall be no steeper than 2:1 consistent with the City's Title 9, Land Use Code standard (revised). 3. Soils at the reservoir site have a high expansion potential. Recommendations for site development that would reduce impacts associated with expansive soils shall be identified by a qualified geotechnical engineer. The recommendations shall be made conditions of project approval and implemented during grading operations. 4. Soils at the reservoir site are expected to be corrosive. Construction material recommendations shall be specified by a qualified geotechnical and/or soils engineer. The recommendations shall be made conditions of project approval and implemented during project construction. 5. The project shall be designed and constructed in accordance with the stormwater pollution control requirements of the California Regional Water Quality Control Board — San Diego Region. Prior to the issuance of a grading permit, the applicant shall file a Notice of Intent with the California Regional Water Quality Control Board — San Diego Region to comply with the applicable NPDES requirements. A Notice of Termination shall be filed once construction is completed. 6. Prior to grading, a stormwater pollution prevention plan (SWPPP) for site construction shall be prepared and shall be implemented throughout each 4 03-02-2004 construction phase. The SWPPP shall contain Best Management Practices for erosion and sediment control, and water quality protection including a) routine cleaning of construction areas to remove sediment and any spilled materials; b) control of fuel, lubricants, and any other hazardous materials stored or used in the project area; c) strict control of site litter and preservation of vegetation; d) control of wash down discharges from the project site; e) sediment tracking control; and f) wind erosion control. The California Regional Water Quality Control Board — San Diego Region shall be included in the review and approval process of the SWPPP. 7. Develop and implement a construction management plan consistent with SCAQMD Rule 403 that includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAQMD: a. Maintain equipment and vehicle engines in good condition and in proper tune as per manufacturers' specifications and per SCAQMD rules, to minimize exhaust emissions. b. Suspend use of all construction equipment operations during second stage smog alerts. Contact the SCAQMD at (800) 242-4022 for daily forecasts. C. Use electricity from power poles rather than temporary diesel- or gasoline - powered generators. d. Use methanol- or natural gas -powered mobile equipment instead of diesel if readily available at competitive prices. e. Use propane- or butane -powered on-site mobile equipment instead of gasoline if readily available at competitive prices. 8. Develop and implement a dust control plan consistent with SCAQMD Rule 403 that includes the following measures recommended by the SCAQMD, or equivalently effective measures approved by the SCAOMD: a. Apply approved non-toxic chemical soil stabilizers according to manufacturers specification or other measures agreed to by the City to all inactive construction areas (previously graded areas inactive for four days or more). b. Replace ground cover in disturbed areas as quickly as possible. C. Enclose, cover, water twice daily, or apply approved soil binders to exposed piles (i.e., gravel, sand, dirt) according to manufacturers' specifications. 5 03-02-2004 d. Water active grading sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as -- instantaneous gusts) exceed 25 mph. Provide temporary wind fencing consisting of three- to five-foot barriers with 50 percent or less porosity along the perimeter of sites that have been cleared or are being graded, if necessary. 9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer), in accordance with Section 23114 of the California Vehicle Code. h. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. Apply water three times daily or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces. j. Enforce traffic speed limits of 15 mph or less on all unpaved roads and trails. 9. Signs shall be posted on the trails informing users that the trails would be used by construction vehicles. The signs shall identify the duration of the construction, and the days of the week and hours that construction vehicles are expected to use the trails. Flagmen shall be placed at points on the trails where visibility may be compromised. 10. Construction vehicle speeds on the trails shall be set by the City of San Juan Capistrano Department of Public Works and shall be posted along all trails. 11. The permanent loss of coastal sage scrub as coastal California gnatcatcher habitat shall be mitigated at a 1:1 or 2:1 ratio based on the habitat integrity and quality of habitat on the site. Mitigation shall be in the form of in -lieu payments of $25,000.00 per acre of disturbance at the appropriate ratio based on the assessed value of the coastal sage scrub being disturbed. 12. If there are temporary impacts associated with the implementation of this project, coastal sage scrub habitat shall be re-established for a result of no net loss of this habitat type, -and in -lieu payments of $25,000 per acre at a 1:1 ratio for temporary impacts to areas that are high quality coastal sage scrub. 6 03-02-2004 13. A formal determination/delineation of jurisdictional waters and streambeds shall be conducted at Reservoir Canyon during the rainy season. If jurisdictional waters are found within the proposed graded area of Reservoir Canyon, permits to grade in the canyon shall be obtained from the ACOE, CDFG and Regional Water Quality Control Board — San Diego Region prior to grading operations. The City of San Juan Capistrano may be required to mitigate the impacts to Reservoir Canyon as part of the permit process. Depending upon the requirements to implement the project, mitigation may include such measures as avoidance, enhancement of existing on- or off-site waters and streambeds, the payment of in -lieu fees to a recognized conservation bank and/or restoration as deemed practicable by the jurisdictional agencies. 14. Construction activities proposed near areas that support nesting bird habitat (grasslands, shrubs and trees) shall be planned to avoid the breeding season of these and other potentially occurring special -status bird species. If construction activity occurs within the nesting period, a nesting bird survey shall determine the absence or presence of active bird nests. If active nests are present within the proposed grading area or within its vicinity (within 50 feet for common birds or 300 feet for raptors), a fence barrier shall be erected around the nest site. Construction activities shall not be permitted within the exclusion zone until the young birds have fledged, as determined by a qualified biologist. 15. Due to construction activities within or adjacent to special -status species and � habitat, a biological monitor shall be retained during grading operations. 16. The project shall comply with the requirements of Section 9-3.519, Fuel Modification Standards, of the City's Municipal Code. 17� All access to the reservoir site and proposed maintenance access road by grading and construction vehicles shall be via Camino Las Ramblas to the existing City trail system. Construction vehicles shall be prohibited on local streets. 18, Construction activities shall be prohibited during the periods of 6:00 P.M. to 7:00 A.M. on Monday through Friday, from 4:30 P.M. to 8:30 A.M. on Saturday, or at any time on Sunday or a national holiday. 19. All stationary construction equipment in close proximity to residential uses shall be maintained in good condition, and shielded with temporary sound barriers, sound aprons, or sound skins so that, to the extent feasible, construction noise does not exceed 65 dB(A) at the nearest residential property line. 20. No motorized construction equipment in close proximity to residential uses shall be left idling when not in use. 7 03-02-2004 21. Power generators shall be discouraged in close proximity to residential uses. To the extent feasible, construction equipment used shall be powered by available electrical lines instead of gasoline or diesel fuel. 22. After construction of the initial 4.0 mg reservoir and then again after the second reservoir is constructed in 2010-2012, the City of San Juan Capistrano Department of Public Works shall inspect Camino Las Ramblas and the trails utilized by project construction vehicles and make repairs as necessary to restore the facilities to their pre -construction conditions. 23. The construction contractor shall recycle construction wastes and greenwastes to the extent feasible by maintaining separate receptacles for both. 24. The construction contractor shall coordinate with the solid waste handlers to ensure the recyclables from the construction are delivered to the appropriate facility for further processing. 25. The City of San Juan Capistrano shall ensure that greenwastes from routine maintenance at the reservoir site are delivered to a local composting facility or are chipped on site and used as mulch. 26. In the event that paleontological and archaeological resources are unearthed during project grading and trenching activities, all earth disturbing work shall be temporarily suspended or redirected until a City -approved archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, if necessary, work in the area may resume. A Native American shall monitor any mitigation work associated with prehistoric cultural finds, if any. 27. If human remains are unearthed, California Health and Safety Code Section 7050.5 requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the Coroner has 24 hours to notify the Native American Heritage Commission. 28. Prior to issuance of a grading permit, the Public Works Department shall submit dust control plans/procedures for managing/reducing dust and PM1O 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 PMIO emissions plans and procedures shall be utilized during all demolition, excavation, grading, and construction activities for this project. 8 03-02-2004 29. 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). 30. Water Quality Requirements and Compliance. Prior to issuance of grading, 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 (NPOES) Permit, the City's Water Quality Ordinance and the Clean Water Act. (Engr.). 31. Prior to issuance of any grading, 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. 32. 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. 33. 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. 34. 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.). 35� 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 hauling activities. (Engr.). PDF -1 Prior to City approval of the contract bid documents, the construction plan specifications for the project shall provide that all reservoir and building finishes 9 03-02-2004 shall incorporate non -reflective surfaces subject to review and approval by the Design Review Committee. PDF -2: Prior to City approval of the contract bid documents, the construction plan specifications for the project shall provide that all reservoir tank and building finishes shall use earth -tone colors (no pale yellow) that blend with the surrounding area and vegetation subject to approval by the Design Review Committee. PDF -3: Prior to final approval of the contract bid documents, the construction plan specifications for the project shall include landscape plans with a plant palette that is compatible with the surrounding native vegetation subject to review and ai)r)roval bv the Desiqn Review Committee. PDF -4: Prior to final approval of the contract bid documents, the construction plan specifications for the project shall include provisions for use of colored concrete, to match existing soil and vegetation color, for all storm drainage structures (terrace and down drains) subject to review and approval by the Design Review Committee. PDF -5: Prior to final approval of the contract bid documents, the construction plan specifications for the project shall include provisions for the use of soil cement binder for that portion of the proposed maintenance road extending easterly from Calle Delgado for a distance of 800-1000 linear feet subject to review and approval by the Design Review Committee. In addition, the construction plan specifications for the project shall include a proposed design for the maintenance road entrance to Calle Delgado, which maintains existing open space land access. PASSED, APPROVED, AND ADOPTEE� �isd y Aalch 2004, ATTEST: JOE %OTO, MAYOR 12, (/� R. MONAHAN, CITY CLERK 10 03-02-2004 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. 04-03-02-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2 nd day of March 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL Swerdlin, Hart and Mayor Soto None Bathgate /L,4—,LA/ 4 1 � -1 Ll� R. MONAHAN, City Clerk 11 03-02-2004