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Resolution Number 03-05-20-02RESOLUTION NO. 03-05-20-0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYINGTHE FINAL ENVIRONMENTAL IMPACT REPORT & ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE DEVELOPMENT OF 126 SINGLE-FAMILY DETACHED HOME LOTS ON AN EXISTING 78.6 ACRE PARCEL LOCATED ALONG THE EAST SIDE OF RANCHO VIEJO ROAD NORTH OF ORTEGA HIGHWAY (ASSESSOR'S PARCEL NUMBERS 650-141-01, 04, & 14; 650-152-09; 650-552-03, 04, 06, & 07) (HONEYMAN RANCH - WILLIAM LYON HOMES, INC.)(RZ 01-06, TTM 16221, HM 01-02) Whereas, the William Lyon Company requests approval of planning entitlements for an existing 78.60 acre site located along the east side of Rancho Viejo Rd. north of Ortega Highway to develop one -hundred and twenty-six (126) single-family detached home lots. The proposed zone change application would change the zoning district designation from "HR" (Hillside Residential) to "PC" (Planned Community) and establish a Comprehensive Development Plan (CDP) for the property. The property is General Plan - designated "VLD" (Very Low Density Residential 0-1.0 du/ac), "LD" (Low Density Residential 1.0-2.0 du/ac), "MLD" (Medium Low Density Residential 2.0-3.5 du/ac), "MD" (Medium Density Residential 3.5-5.0 du/ac), and a General Plan -designated "major ridgeline" bisects a portion of the site; and, Whereas, the proposed project has been processed pursuant to Section 9-2.345, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation (NOP) pursuant to Section 15082 of those guidelines, has overseen the preparation of the Draft Environmental Impact Report (DEIR) prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and all mitigation measures will be included in the final approving resolution as conditions of approval; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: A. Air Quality Significant impactA-1: Implementation of the project will result in a short-term impact to localized air quality as a result of grading of the project site. Air emissions generated by grading and construction activity include: 1) construction equipment tailpipe emission; 2) emissions from workers' vehicles traveling to and from the construction sites; and , 3) dust 05-20-2003 from grading and earth -moving operations. Approximately 51.3 acres (or 62%) of the 78.6 acre site will be graded to create housing pads, manufactured slopes, and infrastructure necessary to support the subdivision. Based on project construction plans, more the 3 acres of the area will be disturbed each day, which would exceed the SCAQMD threshold of 150 pounds per day for PM,(). Therefore, the potential short-term air quality impact from grading of the project site is considered significant. (FEIR 5.4-8) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure AQ1 includes SCAQMD Rule 403 with policies to regulate construction activities and minimize the impacts of construction related dust and exhaust emissions. Policies include wetting down the construction site, cleaning dust off of trucks leaving the site, and restricting activities during certain weather conditions. Additionally, Mitigation Measure AQ2 is a condition of the project development. Implementation of the following mitigation measures will reduce the significant short-term air quality impact to a level less than significant. AQ1. During grading and construction, the project developer shall comply with the following: • Construction contractors shall use low emissions mobile construction equipment where feasible to reduce the release of undesirable emissions; • Construction contractors shall encourage rideshare and transit programs for project construction personnel to reduce automobile emissions; • Construction contractors shall water active grading sites at least twice a day, and clean construction equipment in the morning and/or evening to reduce particulate emissions and fugitive dust; • Construction contractors shall, as necessary, wash the tires of trucks leaving the site to reduce the amount of particulate matter transferred to paved streets; • Construction contractors shall sweep on- and off-site street if silt is carried over to adjacent public thoroughfares, to reduce the amount of particulate matter on the streets; • Construction contractors shall limit traffic speeds on all unpaved road surfaces to 15 miles per hour to reduce fugitive dust; • At the discretion of the City Planning Director, construction contractors shall suspend grading operations during first and second smog stage alerts to reduce fugitive dust; • At the discretion of the City Planning Director, construction contractors shall suspend grading operations when wind speeds (including instantaneous gusts) exceed 25 miles per hour to reduce fugitive dust; • Construction contractors shall maintain construction equipment engines by keeping them tuned; 05-20-2003 • Construction contractors shall use low sulfur fuel for stationary construction equipments as required by AQMD Rules 431.1 and 431.2 to reduce the release of undesirable emissions; • Construction contractors shall use existing on-site electrical power sources to the maximum extent practicable. Where such power is not available, the contractor shall use clean fuel generators during the early stages of construction to minimize or eliminate the use of portable generators and reduce the release of undesirable emissions; • Construction contractors shall use low emission, on-site stationary equipment (e.g., clean fuels) to maximum extent practicable to reduce emissions; • Construction contractors, in conjunction with the Engineering and Building Department, shall locate construction parking to minimize traffic interference on local roads; and • Construction contractors shall ensure that all trucks hauling dirt, sand, soil or other loose material are covered or maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer) in accordance with the requirements of the California Vehicle Code Section 23114 to reduce spilling of material on project area roads. AQ2. Note: This mitigation is a condition of project development. The project applicant shall limit the application of architectural coatings, exterior paint, and asphalt to the equivalent of 15 dwelling units per day. Compliance with this measure shall be monitored by the Engineering & Building Department. B. Biological Resources Significant Impact B-1: Seven sensitive plant species are known to occur in the vicinity of the site. Implementation of the project would result in the removal of habitat for the sensitive plant species. Removal of the habitat represents a potentially significant impact on regional populations of these species. (FEIR 5.5-5) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure B1 will reduce the potential impact to sensitive plant species to a level less than significant. B1. A focused spring survey for sensitive plants shall be completed during the spring prior to the start of construction. If a sensitive species is located on the site, the California Native Plant Society shall be contacted to determine the most appropriate avenue for preservation of the individuals. If the plant species is a state or federally listed threatened or endangered species, the appropriate agency will be contacted. Further, the project shall mitigate any impacts to sensitive plant species identified through the survey in accordance with the mitigation identified in the survey and 3 05-20-2003 through consultation with California Native Plant Society and the appropriate agencies. Proof of implementation of this mitigation shall be provided prior to grading or vegetation removal on the project site and shall be subject to the review and approval of the City of San Juan Capistrano Planning Department. Significant Impact B-2: During the early stages of construction, the trees located along the eastern boundary of the project site may be impacted by grading activities. The loss of these trees may be considered significant if the trees meet the City of San Juan Capistrano heritage tree criteria and are deemed to be ecologically significant. A potentially significant impact to tree resources could occur. (FEIR 5.5-6) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Mitigation Measure B2 addresses the potential impact to trees as a result of the grading activities. Implementation of the Mitigation Measure will reduce the impact to a level less than significant. B2. Prior to grading or construction on the project site, the trees located along the eastern boundary of the property shall be surveyed by a qualified biologist to determine if the trees meet the City's heritage tree criteria. If the trees are considered ecologically significant, the grading activities in the area of the trees will need to be modified to avoid the loss of the trees. One tree survey and modified grading (if required) will be performed to the satisfaction of the City of San Juan Capistrano Planning Department. Significant Impact B-3: Red-tailed hawk, red -shouldered hawk, and Cooper's hawk have a potential for being on the project site. These raptor species may use the site for nesting, especially in the eucalyptus trees or the ornamental areas. A significant impact to nesting birds could occur as a result of the proposed project. (FEIR, 5.5-6) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in SupportofFinding: Implementation of the Mitigation Measure B3 will reduce the impact to nesting birds to a level less than significant. B3. A nesting survey shall be conducted during the spring or prior to the start of construction. Clearing of vegetation shall be performed in the non -breeding season (roughly February 1 through July 31) in order to avoid impacts to nesting birds. Any occupied nests shall be identified and the trees and any areas providing nesting habitat shall be undisturbed until fledglings leave the nest. 4 05-20-2003 Significant Impact B-4: The Pacific pocket mouse is classified as sensitive wildlife species. This species has a potential for being present on the site. The species prefers alluvial sand found close to the coast. Although, the project site is largely disturbed, several non -disturbed areas exist adjacent to the site. The Pacific pocket mouse may reside in those areas and colonize the periphery of the project site. A potentially significant impact to Pacific pocket mouse could occur as a result of the proposed project. (FEIR 5.5- 6) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in SupportofFinding: Implementation of the Mitigation Measure B4 will reduce the potential impact to the Pacific pocket mouse to a level less than significant. B4. Prior to grading or construction of the project site, a trapping program shall be implemented by a qualified biologist to determine the presence or absence of the Pacific pocket mouse. If the Pacific pocket mouse is. found on-site, the project proponents shall mitigate any impacts to the species in accordance with the mitigation identified in the written results of the trapping program and through consultation with the appropriate agencies. The trapping program, written results of the program, and mitigation of impacts to the Pacific pocket mouse shall be performed prior to any grading on-site and to the satisfaction of the City of San Juan Capistrano Planning Department. Significant Impact B-5: Indirect impacts are impacts to the biological resources that occur over short or long periods of time due to the project construction and operation. Although biological resources may not initially be directly impacted, overtime they may be affected indirectly due to the relative proximity of the development. Specifically, indirect project related impacts would occur including increased human activity, increased ambient noise, higher unnatural nighttime light levels, and increased threat of road kill by traffic. Common wildlife species using habitats on-site would avoid habitats affected by these "spillover" impacts, thereby decreasing diversity beyond the actual development envelope. Therefore, a potentially significant indirect impact to biological resources could occur as a result of the proposed project. (FEIR 5.5-7) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of the Mitigation Measures B5 and B6 will reduce the potential indirect impact to a level less than significant. 5 05-20-2003 B5. Fencing shall be required along the common boundary between homes abutting the adjacent open space to control domestic pet predation of native animal species and access by residents into sensitive habitats. This measure shall be implemented to the satisfaction of the City of San Juan Capistrano Planning Department. B6. All backyard lighting installed on homes adjacent to open space shall be shielded to prevent light over spill. Shielding shall consist of the installation of fixtures that physically direct light away from the outer edges of the property and/or landscaping, berms, or other barriers at the edge of the lots that prevent light over spill. This measure shall be implemented to the satisfaction of the City of San Juan Capistrano Planning Department. C. Cultural Resources Significant Impact C-1: Field surveys on the project site found a dark grey flake at the southeast corner of the property, several pieces of marine shell near the eastern end of the site, and two pieces of marine shell near the northwestern end of the property. None of these resources were determined to be significant. However, because of the recent findings on-site and the fact that the project site is located in an area that is very sensitive with respect to the potential presence of archaeological sites, potentially significant archaeological resources could remain buried on-site that may be impacted by the proposed project. This is considered a potentially significant impact. (FEIR 5.6-4) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure C1 will reduce the impact to archaeological resources to a level less than significant. C1. A qualified archaeologist shall be present to monitor the removal of vegetation and initial stages of grading related to development of the project site, paying particular attention to the area of the isolate find, the northwestern corner, and the eastern area where the shell was noted: The monitoring archaeologist shall be empowered to divert grading in the event that archaeological deposits are exposed. Sufficient time shall also be allowed for adequate evaluation and recovery operations to be completed. Compliance with this measure shall be verified by the City of San Juan Capistrano Planning Department. D. Geology/Soils Significant Impact D-1: Based on the geotechnical investigation, the development of the site according to the proposed grading plan is considered feasible from a geotechnical standpoint. However, there are several geologic conditions that need to be addressed as 6 05-20-2003 part of the site grading and development, including the presence of potentially unsuitable and expansive soils, settlement, earthwork, cut and fill slopes/transitions/backcuts, soluble sulfates, drainage, and erosion. The potential impact associated with these geologic conditions is considered significant. (FEIR, 5.8-7) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of the following Mitigation Measure GS1 will reduce the impact associated with geologic conditions on the project site to a level less than significant: GS1. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the Geotechnical Investigation, Proposed Residential Development, Tentative Tract No. 16221, City of San Juan Capistrano, Orange County, California (Petra Geotechnical, Inc., June 26, 2002). This report contains specific recommendations for mitigating geologic conditions that shall be addressed as part of the project site grading and development, including the presence of potentially unsuitable and expansive soils, settlement, earthwork, cut and fill slopes/transitions/backcuts, soluble sulfates, drainage, and erosion. Compliance with this measure shall be monitored and performed to the satisfaction of the City of San Juan Capistrano. Significant Impact D-2: Because the project site is located in a seismically active region, the site is likely to be subject to at least one moderate to major earthquake during the design life of the structures. During such an earthquake, the danger from fault offset through the site is remote, but relatively strong groundshaking is likely to occur. This may result in a significant impact. (FEIR, 5.8-7) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure GS2 will reduce the significant impact associated with seismic activity to a level less than significant. Mitigation Measure GS2 requires the development to be constructed in accordance with the Uniform Building Code and the City's Soils Subsidence Remediation Program. GS2. Prior to or in conjunction with recordation of the first final map, the project shall comply with all applicable provisions of Title 9, Chapter 10, Soil Subsidence Remediation Program. 7 05-20-2003 E. Hazards Significant Impact E-1: The project site has been used for agricultural purposes from at least 1948 until 1980. There is a potential that on-site soils harbor residual agricultural chemicals. Only subsurface sampling can determine whether or not the soil or groundwater beneath the project site have been affected by historical agricultural use. A potentially significant impact associated with the presence of agricultural chemicals in soils on-site could occur. (FEIR, 5.10-3) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H1 will reduce the impact to a level less than significant. Mitigation Measure H1 requires an environmental firm approved by the City to install subsurface borings, collect, and analyze soil samples to identify any environmental impairments. Any hazardous material identified prior to grading on-site shall be removed from the site before grading can begin. H1. The project applicant shall retain a hazardous materials remediation firm approved by the City to install subsurface borings, collect, and analyze soil samples to identify if any subsurface environmental impairments associated with previous agricultural activities exist. Any hazardous material identified prior to grading on-site shall be removed from the site and properly disposed of before grading can begin. Significant Impact E-2: Two areas on the eastern portion of the site, within the meat the metal storage building, have staining. In addition, a pit with some surface staining was observed under a covered area near the metal storage shed. Due to the fact that the ground surface inside the metal storage building is gravel and the pit does not have a concrete bottom, the leaked material(s) may have penetrated and impacted the subsurface soils. The potential presence of contaminated soils in these areas is considered a significant impact. (FEIR, 5.10-3) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in SupportofFinding: Only subsurface sampling can determine whether or not the soil beneath the site has been affected by leaked and -or spilled materials. Implementation of Mitigation Measure H1 will reduce the impact to a level less than significant. Mitigation Measure H1 requires an environmental firm approved by the City to install subsurface borings, collect, and analyze soil samples to identify any environmental impairments. Any hazardous material identified prior to grading on-site shall be removed from the site before grading can begin. 8 05-20-2003 H1. The project applicant shall retain a hazardous materials remediation firm approved by the City to install subsurface borings, collect, and analyze soil samples to identify if any subsurface environmental impairments associated with previous agricultural activities exist. Any hazardous material identified prior to grading on-site shall be removed from the site and properly disposed of before grading can begin. Significant Impact E-3: Within the existing residential structures and in the irrigation piping located on the project site, materials have been identified that are suspected of containing asbestos. These materials may become hazardous if they in fact contain asbestos and are subsequently damaged or disturbed, as, for example, in the course of building demolition. The potential impact associated with asbestos is considered significant. (FEIR, 5.10-4) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H2 will reduce the impact associated with asbestos to a level less than significant. H2. Prior to disturbing the materials suspected of containing asbestos, such as during demolition or grading, the project applicant shall retain a hazardous materials remediation firm approved by the City to sample and analyze the suspected materials to determine if they contain asbestos. If samples test positive, a licenced asbestos contractor and Certified Asbestos Consultant, pursuant to EPAIAHERA Section 206 and CCR Title 8, Article 2.6 shall be retained to properly document, inspect, monitor, remove, and encapsulate the asbestos materials prior to their proper disposal. Significant Impact E-4: Given the pre -1979 construction dates on to structures of the project site, it is possible that lead-based paints have been used on the site. In some areas, paint has been observed peeling. The potential presence of lead-based paints is considered a significant impact. (FEIR, 5.10-4) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H3 will reduce the impact associated with lead-based paint to a level less than significant. H3. Prior to demolition of existing structures on-site that may contain lead, precautionary steps such as wearing protective clothing and installing containment barriers shall be taken to reduce worker exposure to lead, according to occupational health 9 05-20-2003 standards. Removal of any lead-based paint identified on-site shall be subject to state and federal regulatory guidelines. Significant Impact E-5: There are six telephone poles with mounted transformers on site. One is located along the sidewalk of Rancho Viejo Road and the others are located on site in the northern portion of the property. Given the pre -1979 date of development of the project site, the presence of polychlorinated biphenyl (PCB) -containing fluids in the transformers is suspected. No leakage or staining is evident on or around transformers; however, the potential presence of PCBs is considered a significant impact. (FEIR, 5.10-4) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H3 will reduce the impact associated with PCBs to a level less than significant. H4. If leaks on or around transformers should develop or occur during removal, the utility (SDG&E) should be contacted to sample the fluids for the presence of PCBs. Additionally, if the analysis results indicate that the transformers contain PCBs or the transformers begin to leak during removal, the utility would be responsible for remediating any leakage and staining, and for changing the fluids in the transformers. SignificantImpact E-6: In and around the northern and eastern portions to the project site many containers with various materials or substances were observed, the identity of which could not be readily determined. While no spillage or leakage of the materials is apparent, the unidentifiable substances may be hazardous substances, materials, or wastes. If hazardous, the storage practices for the materials may not be in compliance with federal, state, and local regulations. A significant impact associated with unidentified materials on site could occur. (FEIR, 5.10-5) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H5 will reduce the impact associated with hazardous substances on site to a level less than significant. H5. An interview with a knowledgeable representative of the present site ownership is required to determine the identity of these materials. If a definitive answer is not obtained, the applicant shall contact an environmental remediation firm to sample the unidentified substances for the presence of hazardous materials. If the substances are determined hazardous, these substances must be disposed of in a manner that complies with federal, state, and local regulations. Storage and/or 10 05-20-2003 use of hazardous materials may require a permit from an administering governmental agency. Significant Impact E-7: Three aboveground storage tanks are located on the project site. Two of the tanks are currently being used. An active 330 -gallon plastic tank is located at the east end of the existing nursery, an active 100 -gallon steel tank is located within the metal garage building on the project site, and an inactive 1,000 -gallon steel tank is located east of the nursery. One of the active tanks may be associated with the irrigation system, and the other may be associated with the application of pesticides. Aboveground storage tanks could pose a hazard to proposed residences and residents. The presence of these aboveground storage tanks is considered a significant impact. (FEIR, 5.10-5) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure H5 will reduce the impact associated with aboveground storage tanks to a level less than significant. H5. An interview with a knowledgeable representative of the present site ownership is required to determine the identity of these materials. If a definitive answer is not obtained, the applicant shall contact an environmental remediation firm to sample the unidentified substances for the presence of hazardous materials. If the substances are determined hazardous, these substances must be disposed of in a manner that complies with federal, state, and local regulations. Storage and/or use of hazardous materials may require a permit from an administering governmental agency. F. Hydrology/Water Quality Significant ImpactF-1: The impacts of the proposed project on the surface hydrology for the project watershed area include the following: (1) the total runoff volume is increased, (2) the runoff occurs more rapidly, and (3) the peak discharge is greater. The increase in runoff volume results from the decrease in infiltration due to an increase in impervious surfaces on-site. The dry weather flows from the project watershed will generally increase because of non-stormwater discharges from the extensive amount of landscaping which will be incorporated in the project. Implementation of the project will result in a significant impact to surface hydrology for the project watershed. (FEIR, 5.7-8) Finding: Pursuant to CEQA §15091(a)(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 FEIR. 11 05-20-2003 Facts in SupportofFinding: Implementation of Mitigation Measure HWQ1 will reduce the impact to project boundary facilities to a level less than significant. Mitigation Measure HWQ1 requires the use of a stormwater detention basin to attenuate the peak flow to correspond to the hydraulic capacity of the controlling drainage system. HWQ1. The project applicant shall construct and use a stormwater detention basin, to attenuate the peak flow to correspond to the hydraulic capacity of the controlling drainage system on-site. This drainage system shall be designed, installed, and operated to the satisfaction of the Engineering & Building Director. Significant Impact F2: Grading and development of the project site will change the hydrology of the site and will modify the existing floodplain. This is considered a significant impact. (FEIR, 5.7-8) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support ofFinding: Implementation of Mitigation Measure HWQ2 will reduce the impact to hydrology and floodplain to a level less than significant. Mitigation Measure HWQ2 requires the project applicant to comply with a detailed hydraulic analysis that will be prepared during the final engineering design process and verify actual design conditions associated with the project. HWQ2. The project applicant shall comply with a detailed hydraulic analysis that will be prepared during the final engineering design process to verify actual design conditions associated with the project. During this final design process the grading design shall be evaluated in detail by the City of San Juan Capistrano Engineering & Building Director with respect to the hydrologic and hydraulic requirements. All recommendations in the hydraulic analysis must be implemented during design, construction, and operation of the project. Significant Impact I~3: The predominant hydrologic soil classification of the natural watershed "Type D" which corresponds to a high runoff potential, soil having slow infiltration rates. During construction, soil loss will occur due to sheet erosion of exposed soils. In addition, due to increased traffic, urban types of pollutants, such as oil and grease, heavy metals, and debris, will increase, as well as sediment flows containing fertilizers and pesticides. The potential for erosion siltation, and emissions of construction related pollutants are short-term in nature, and will be controlled through compliance wjth the General Construction Stormwater Permit (Order No. 99-08, NPDES NO. CAS000002) and the General Municipal Stormwater Permit (Order No. R9-2002-0001, NPDES NO. CAS0108740) requirements. However, the potential short-term impact of siltation and construction related pollutants on water quality is considered a significant impact. 12 05-20-2003 Additionally, once the site has stabilized after the initial construction conditions (i.e., vegetative growth after one season to stabilize erodible surfaces), the total debris and sediment production from the project site should be lower than the existing conditions. (FEIR, 5.7-10) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure HWQ3 will reduce the significant short-term construction related water quality impact to a level less than significant. Mitigation Measure HWQ3 requires the project to prepare a Water Quality Management Plan and comply with the General Construction Stormwater Permit. HWQ3. Prior to the issuance of a grading permit, the project proponent shall submit and obtain approval by the City of San Juan Capistrano of grading plans, erosion control plans and a Water Quality Management Plan (WQMP). The WQMP will specify measures to eliminate non-stormwater discharges into Homo Creek and San Juan Creek. It shall also specify pollution prevention, source control, and treatment control best management practices to prevent potential pollutants associated with construction of the project from causing or contributing to a violation of water quality standards in Homo Creek or San Juan Creek. In addition, prior to issuance of a grading permit, the project applicant shall apply for coverage under the State Water Resources Control Board's General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activities General NPDES Permit) and shall comply with all the provisions of the permit, including development of a Storm Water Pollution Prevention Plan which includes provisions for the implementation of Best Management and erosion control measures. A monitoring program for construction shall also be included. Proof of coverage by the State Construction Activities General NPDES Permit and a copy of the Storm Water Pollution Prevention Plan shall be submitted to the City prior to grading. Significant Impact F-4: After project implementation, the project site will have significantly more impervious surface area than currently exists. Stormwater runoff from the project site will contain pollutants typically associated with urban development, such as, petroleum products, oil and grease, fertilizer and pesticide washoffs, animal droppings, and litter types of wastes. The project is required to comply with the NPDES Stormwater Permit issued to the County and City of San Juan Capistrano as a Co -permittee, the City's Storm Drainage Master Plan, and the Municipal Code, Title 8, Chapter 4 - Water Quality Regulations to reduce pollutants in stormwater runoff to the maximum extent practicable. 13 05-20-2003 Implementation of Mitigation Measure HWQ4 will reduce the long-term water quality impacts to a level less than significant. (FEIR, 5.7-10) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure HWQ4 will reduce the long-term water quality impact to a level less than significant. Mitigation Measure HWQ4 requires a grassy swale biofilter be constructed in Lot M north of Street C, a screening device to collect trash and debris priorto discharge into the grassy swale biofilter, detention basins that incorporate water quality features, and a landscape plan that controls irrigation runoff. HWQ4. A grassy swale biofilter shall be constructed in Lot M north of Street C to filter storm water discharges prior to discharge into Homo Creek. This facility shall be included in the Water Quality Management Plan to be submitted to and approved by the Engineering & Building Director prior to the issuance of a grading permit. Non-mechanical gravity driven, non -blocking hydrodynamic screening devices to collect trash and debris from the storm drain system shall be installed prior to discharge into the grassy swale to be constructed in Lot M and prior to discharge into detention basins serving the project. These devices shall be constructed at locations approved by the City and provided with paved maintenance access. The devices shall be designed to capture 100% of the floatables and 100% of all particles equal to or greater than 5.0 millimeter (mm) for all flow conditions up to unit's design treatment flow capacity, regardless of the particle's specific gravity, and shall require no external power. Detention basins incorporated into and/or serving the project shall be designed to function as water quality basins as well as flow control basins. Prior to final design approval, a landscape plan for the project shall be submitted for approval to the Engineering & Building Director. The landscaping plan shall specify that all plants be drought tolerant and have low fertilizer requirements. The landscaping plan shall specify that all irrigation be controlled to minimize runoff. The project will also be required to prepare and submit a water conservation program which shall be subject to review and approval by the Engineering & Building Director or his designee. 14 05-20-2003 G. Land Use and Planning Significant Impact G-1: In general, the project is considered compatible with these adjacent uses. However, for each individual lot, the actual height, orientation, and rear yard setback of the proposed residential structure may vary, and will not be determined until the housing project and layout is established. A potentially significant impact associated with this issue could occur. (FEIR, 5.1-9) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure LU1 will reduce the impact to a level less than significant. Mitigation Measure LU1 is proposed to ensure that no conflict between existing and proposed uses occurwith respect to compatibility of scale and orientation of proposed residential uses. LU1. The City shall review the proposed building height and scale for each individual lot abutting existing residential properties adjacent to the project site's eastern and southern boundaries. Two-story homes shall be limited to only those lots that abut existing residential lots containing two-story homes, or where it can be demonstrated that the proposed height, orientation, and scale of the proposed home will not conflict with the scale of the existing home. H. Noise Significant Impact H-1: According to the proposed tentative map, the closest residential lot will be approximately 75 feet from the roadway centerline of Rancho Viejo Road. Future noise levels 75 feet from the Rancho Viejo Road centerline to the project site are projected to be 69.3 dB, which is 4.3 dB above the City's acceptable noise levels for exterior residential uses. A significant traffic -generated noise impact would occur to some proposed residential uses (lots 1-14, 127-129, and 103 and 104) as a result of vehicular traffic on Rancho Viejo Road. (FEIR, 5.3-11) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure N1 will reduce the impact associated with roadway noise to a level less than significant. Mitigation Measure N1 requires the project to construct a noise wall up to eight feet in height along Rancho Viejo Road from Lot 3 to Lot 127 to reduce the noise level to an acceptable level. 15 05-20-2003 N1. A noise wall up to eight feet in height shall be constructed within the property line of the project site along the frontage of Rancho Viejo Road from Lot 3 north to Lot 127. Specific noise barrier design and location shall be made based on detailed, site specific acoustical evaluations for each residential dwelling unit along Rancho Viejo Road to obtain the acceptable exterior and interior noise level established by the City of San Juan Capistrano Noise Guidelines. (Note: the actual wall height needed shall be determined as part of final engineering design of the project. The wall should be continuous structures (without gaps or gates) and should be constructed of concrete block). I. Transportation/Traffic Significant Impact 1-1: The project will result in a significant impact at the intersection of Ortega Highway/Interstate 5 Southbound. (FEIR, 5.2-11) Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T1 will reduce the impact to a level less than significant Ti. The project is required to construct an eastbound lane at the intersection of Ortega Highway/Interstate 5 Southbound. The project applicant shall construct the eastbound right turn lane priorto occupancy of the last home to be developed within Honeyman Ranch. The project shall also pay its fair share CUP fees. Compliance with this measure shall be monitored by the Engineering Department. Significant Impact 1-2: The project will result in a significant impact at the intersection of Ortega Highway/Interstate 5 Northbound. Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T4 will reduce the impact to a level less than significant. T4. The project is required to construct a northbound left turn lane at the Ortega Highway/Interstate 5 northbound intersection. The project applicant shall construct this improvement prior to occupancy of the last home to be developed within Honeyman Ranch. The project shall also pay its fair share CCFP fees. Compliance with this measure shall be monitored by the Engineering Department. 16 05-20-2003 Significant Impact I-3: The project will result in a significant impact at the Ortega Highway/Del Obispo intersection. Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T6 will reduce the impact to a level less than significant. T6. The project is required to construct and eastbound right turn lane at the Ortega Highway/Del Obispo intersection. The project applicant shall construct this improvement prior to occupancy of the last home to be developed within Honeyman Ranch. The project shall also pay its fair share CCFP fees. Compliance with this measure shall be monitored by the Engineering Department. Significant Impact 1-4: The project will result in a significant impact at the intersection of Junipero Serra/Interstate 5 Northbound. Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T2 will reduce the impact to a level less than significant. T2. The project is required to construct a signal at the Junipero Serra/Interstate 5 Northbound intersection. The project applicant shall construct a signal prior to occupancy of the last home to be developed within Honeyman Ranch, Compliance with this measure shall be monitored by the Engineering Department. Significant Impact 1-5: The project will result in a significant impact at the intersection of Junipero Serra/interstate 5 Southbound. Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T3 will reduce the impact to a level less than significant. T3. The project is required to construct a signal at the Junipero Serra/Interstate 5 Southbound intersection. The project applicant shall construct a signal prior to 17 05-20-2003 occupancy of the last home to be developed within Honeyman Ranch. Compliance with this measure shall be monitored by the Engineering Department. Significant Impact 1-6: The project will result in a significant impact to the Ortega Highway/Rancho Viejo Road intersection. Finding: Pursuant to CEQA §15091(a)(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 FEIR. Facts in Support of Finding: Implementation of Mitigation Measure T5 will reduce the impact to a level less than significant. T5. The project is required to construct a northbound left tum lane at the Ortega Highway/Ranch Viejo Road intersection. The project applicant shall construct this improvement prior to occupancy of the last home to be developed within Honeyman Ranch. Compliance with this measure shall be monitored by the Engineering Department. IX. PROJECT LEVEL IMPACTS DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE A. Land Use and Planning Significant Impact A-1: Due to the proposed removal of the Arley Leck house from the project site, the project is inconsistent with the General Plan Conservation and Open Space Element and Cultural Resources Element policies related to historic resources. This will result in a significant and unavoidable impact. Finding: Pursuant to CEQA §15091(a)(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 FEIR. However, pursuant to CEQA §15091(a)(3), specific economic, legal social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. Facts in Support of Finding: No mitigation exists that could reduce the project's inconsistency with the Conservation and Open Space Element and the Cultural Resources Element to a level less than significant. This issue will remain significant and unavoidable. B. Cultural Resources 18 05-20-2003 Significant Impact B-1: Within the broad historic context of local history, the Arley Leck house is significant because it is one of the last properties within the City limits of San Juan Capistrano to represents the phenomenal growth of the citrus industry in the 1920s. As proposed, the project would relocate or demolish and remove the Arley Leck house from the project site. This is considered a significant unavoidable impact. Finding: Pursuant to CEQA §15091(a)(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 FEIR. However, pursuant to CEQA §15091(a)(3), specific economic, legal social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. Facts in Support of Finding: Implementation of Mitigation Measure C2 is required; however, this issue will remain significant and unavoidable. C2. Per City of San Juan Capistrano City Council Policy 602, the following three mitigation measures shall be implemented by the applicant prior to relocation or removal/demolition of the Arley Leck house. Prior to issuance of a demolition permit for the Arley Leck House, the project applicant shall advertise for a period of 60 days in the Orange County Register and the National Trust for Historic Preservation (NTHP) magazine that the Arley Leck house is available for relocation. If at the end of the advertisement period there is no person willing to relocate the building, the applicant will be allowed to demolish the structure in accordance with other applicable City policies. 2. A historical report, including photographic documentation of the Arley Leck house, shall be placed in a publicly accessible historical collection. Historical Resources Technical Report, the Arley Leck House, San Juan Capistrano (RMW/SWCA, Inc. Environmental Consultants, January 2002) will serve that purpose. The local history collection of the public library at San Juan Capistrano and the history room of the Santa Ana Public Library would be appropriate repositories. 3. If no person is willing to relocate the house, prior to issuance of a demolition permit for the Arley Leck house, the applicant shall be required to allow the removal of any significant or unusual windows, doors, or hardware for a period of time up to two weeks at the expense of the person/organization removing the article. This option shall be made available only to local historic -interest groups and organizations. 19 05-20-2003 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby adopts a STATEMENT OF OVERRIDING CONSIDERATIONS based on the following findings: A. Significant, Unmitigable Impacts. The San Juan Capistrano City Council hereby finds that the proposed project would have a significant, unavoidable impacts on the following areas as described in the Final environmental impact report because of relocation and/or demolition/removal of the Arley Leck House from the project site: Land Use and Planning. Cultural Resources. The City has adopted all feasible measures with respect to these project level land use and planning impacts. Although in some instances mitigation measures may substantially lessen these significant impacts, adoption of such measures will not fully avoid the impacts or mitigate them to below a level of significance. As a result, to approve the proposed project, the City must adopt a "statement of overriding considerations" pursuant to CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project's general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The statement explains why, in the agency's judgment, the Project's benefits outweigh the unavoidable significant effects. B. Project Benefits. The City finds that the Project would have the following substantial social, environmental and economic benefits which outweigh the significant environmental effects of the Project activities, which cannot be avoided of substantially lessened. Proposed project would protect the major ridgeline of the property in compliance with the City's Hillside Management Regulations and (Municipal Code Section 9-3.505) Ridgeline and Grading Construction Controls (Municipal Code Section 9-3.510). The project would establish a quality gated residential community with meaningful open space opportunities. The proposed tentative map would create 126 single-family residential lots, while the General Plan would allow up to 161 lots/dwelling units on the project site. The proposed tentative map would also create 14 open space lots, totaling approximately 39.76 acres (or 51%) of the project site. These open space lots would include a water district facility and stormwater detention basin, an equestrian trail, the ridgeline in the northeastern -most portion of the property, as well as natural and manufactured slopes. 20 05-20-2003 • The project would underground the potentially incompatible and aesthetically distracting high voltage transmission line that traverses the site. This would result in a more aesthetically appealing landscape. • The project would provide additional recreational opportunities in the community by providing forthe expansion of the equestrian trails network on- site. • To establish the Romarco/Honeyman Planned Community (PC) District plans, programs, and guidelines for the development of 126 single-family residences with a private gated street system. • Implementation of the proposed project would result in a provision of 126 additional housing units on the project site; therefore, resulting in a beneficial effect associated with expansion of housing opportunities in the City. For the foregoing reasons, the City Council finds that the proposed project's adverse, unavoidable land use and planning impacts are outweighed by the these considerable benefits. NOW, THEREFORE, BE IT FURTHER RESOLVED, thatthe City Council of the City of San Juan Capistrano hereby certifies the Final Environmental Impact Report for the Rezone (RZ) 01-06, Tentative Tract Map (TTM)16221, Hillside Management (HM) 01- 02, Honeyman Ranch and approves the Mitigation Monitoring Reporting Program (MMRP) as provided by Exhibit A, attached hereto and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 20`hAaygf May, 2003. ATTEST: MARGARET R. MONAHAN, CITY CLERK 21 05-20-2003 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 03-05-20-02 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day of May 2003, by the following vote: AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto and Mayor Gelff NOES: COUNCIL MEMBERS: Bathgate ABSTAIN: COUNCIL MEMBERS: None MARGARET R. MONAHAN, City Clerk EXHIBIT "A" MITIGATION MONITORING PROGRAM (MMP) Honeyman Ranch EIR San Juan Capistrano, California INTRODUCTION This Mitigation Monitoring Program (MMP) has been developed in accordance with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The purpose of the MMP is to ensure that the Honeyman Ranch project, which is the subject of the Final Environmental Impact Report (FEIR), complies with all applicable environmental mitigation and permit requirements. Mitigation measures for the project will be adopted by the San Juan Capistrano City Council, in conjunction with the certification of the Final EIR, and these mitigation measures have been integrated into this MMP. Within this document, approved mitigation measures are organized and referenced by subject category and include those for: (1) land use and planning; (2) transportation/traffic; (3) noise; (4) air quality; (5) biological resources; (6) cultural resources; (7) hydrology; (8) geology; (9) hazards/hazardous materials; and (10) public services, utilities, and energy. Specific mitigation measures are identified, as well as the method and timing of verification and the responsible party that will ensure that each action is implemented. Mitigation measures applicable to the project include avoiding certain impacts altogether, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying impacts by repairing, rehabilitating, or restoring the affected environment, and/or reducing or eliminating impacts over time by preservation and maintenance operations during the life of the action. Public Resources Code Section 21081.6 requires the Lead Agency, for each project that is subject to the California Environmental Quality Act (CEQA), to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The City of San Juan Capistrano is the designated lead agency for the Mitigation Monitoring Program. The City is responsible for review of all monitoring reports, enforcement actions, and document disposition. 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