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Resolution Number 02-05-21-07RESOLUTION NO. 02-05-21-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE REVISED AND RECIRCULATED ENVIRONMENTAL IMPACT REPORT FOR THE WHISPERING HILLS ESTATES PROJECT AS COMPLETE WHEREAS, Whispering Hills LLC has filed two sets of rezoning, tentative map, and related applications with the City of San Juan Capistrano to reclassify approximately 356 acres located at approximately 2,000 feet south of the Camino Lacouague terminus from the "GM" Growth Management District to the "PC" Planned Community District and to allow the development of the property; and, WHEREAS, the City, as lead agency for the project, has carefully reviewed an Initial Study pursuant to the State CEQA Guidelines ("Guidelines") §15064, and has caused to be prepared a Notice of Preparation and a Draft Revised and Recirculated Environmental Impact Report ("DEIR") for the proposed project, which addresses the environmental effects, mitigation measures and project alternatives associated with the project; and, WHEREAS, the DEIR was prepared pursuant to the requirements of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines and City Environmental Procedures; and, WHEREAS, the DEIR was distributed for a 60 -day review period starting November 20, 2001, and written comments on the DEIR were received from the public and responsible agencies during the 60 -day review period; and, WHEREAS, such comments were responded to through a Response to Comments document and in the staff report dated May 21, 2002 submitted to the City Council, and in staff reports dated April 9, 2002 and May 14, 2002 submitted to the Planning Commission; and, WHEREAS, the City Council of the City of San Juan Capistrano conducted a public hearing on May 21, 2002 and the Planning Commission of the City of San Juan Capistrano conducted public hearings on February 12, 2002, March 12, 2002, April 9, 2002, and May 14, 2002 to receive all public testimony with respect to the DEIR and the project; and, WHEREAS, the City planning staff has recommended that the City Council find that the Final EIR be certified as complete; and, WHEREAS, the City Council has reviewed all environmental documentation comprising the Final EIR and has found that the Final EIR considers all environmental effects of the proposed project, and is complete and fully complies with all requirements of CEQA and the Guidelines; and, WHEREAS, a mitigation monitoring and reporting program has been prepared to meet the requirements of CEQA §21081.6 ("Mitigation Measure Monitoring Program" or "MMP"), attached hereto as Exhibit "B", which is designed to ensure compliance with project changes and mitigation measures imposed to avoid or substantially lessen the significant effects identified in the Final EIR. The MMP, which is incorporated herein and into the Final EIR by reference, defines the following for each mitigation measure: A Time for Performance - In each case, a time for performance of the mitigation, or review of evidence that mitigation has taken place, is provided. The performance points selected are designed to ensure that impact related components of project implementation do not proceed without establishing that the mitigation is assured. A Responsible Party Supervising Performance - In each case, a public official is named in the mitigation measure as responsible for ensuring that the mitigation is carried out. To guarantee that the mitigation measure will not be inadvertently overlooked in connection with the issuance of a later permit, the supervising public official who grants the permit called for in the performance. Definition of Mitigation - In each case (except where a mitigation, such as a geotechnical report, is a well-known procedure or a term of art), the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation; and WHEREAS, §21081 of CEQA and §15091 of the Guidelines require that the City make one or more of the following findings prior to approval of a project for which an EIR has been completed, identifying one or more significant effects of the project along with statements of facts supporting each finding: Finding 1 - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR, or Finding 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency, or Finding 3 - Specific economic, social or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR; and WHEREAS, the City Council contemplates and directs continuing compliance with CEQA and the Guidelines in the implementation of the phases and elements of the project; and, -2- WHEREAS, this City Council Resolution adopts the CEQA Statement of Findings and Facts per Section 15091 of the Guidelines. NOW THEREFORE, BE IT RESOLVED THAT: This City Council hereby finds that the Final EIR prepared for the Whispering Hills Estates 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. The Final EIR is composed of the following elements: a. Draft Revised and Recirculated EIR (Volume 1, State Clearinghouse No. 1998-031150); b. Technical Appendices to Draft Revised and Recirculated EIR (Volume 2); C. Comments received on the Draft Revised and Recirculated EIR and responses to those comments (Volume 3); City of San Juan Capistrano Planning Department staff reports dated February 12, 2002, March 12, 2002, April 9, 2002, May 14, 2002 and May 21, 2002; e. All attachments, incorporations, and references specified in a. through d. above. All of the above information has been and will be on file with the City of San Juan Capistrano Planning Department, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. 2. This City Council make the findings contained in the Statement of Findings and Facts with respect to significant impacts identified in the Final EIR and find that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. The Statement of Findings and Facts is attached hereto as Exhibit "A" and incorporated herein by this reference. 3. This City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. This City Council finds that all significant effects of the project are set forth in the Statement of Findings and Facts and the Final EIR. 5. This City Council finds that the Mitigation Monitoring Program, attached hereto as Exhibit "B", provides a systematic program to ensure implementation of the -3- mitigation measures identified in the Final EIR. The Council finds, in the case of the High School Alternative, that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasiblely be mitigated or avoided have been reduced to an acceptable level by the imposition of mitigation measures on the approved project, with the exception of cumulative Air Quality impacts. Although mitigation measures in these areas will substantially lessen these significant impacts, adoption of the measures will not fully avoid them. Therefore, a Statement of Overriding Considerations is required and is attached hereto as Exhibit'C". 7. This City Council finds that potential mitigation measures or project alternatives not incorporated into the project (including the "No Project/No Development' Alternative) were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Findings and Facts and the Final EIR. 8. This City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasiblely obtain the basic objectives of the project (including the "No Project' Alternative), even when these alternatives might impede the attainment of project objectives and might be more costly. Further, this City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft Revised and Recirculated EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. This City Council finds that no substantial evidence has been presented which would call into question the facts and conclusions in the EIR. 10. This City Council finds that no significant new information has been added to this EIR pursuant to CEQA Guidelines §15088.5, such that recirculation for additional public review is necessary. PASSED, APPROVED AND ADOPTED this 2151 day of May, 2002. ATTEST: J F, M O"RO TEM twoII,—/_ i. 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 thatthe foregoing Resolution No. 02-05-21-07 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 215` day of May 2002, by the following vote: AYES: COUNCIL MEMBERS: Hart, Campbell and Swerdlin NOES: COUNCIL MEMBERS: Gelff ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate MARGARET R. MONAHAN, City erk -5- RESOLUTION EXHIBIT A: STATEMENT OF FINDINGS AND FACTS — CEQA STATEMENT OF FINDINGS AND FACTS WHISPERING HILLS ESTATES REVISED & RECIRCULATED ENVIRONMENTAL IMPACT REPORT 1. Introduction The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide that: "No public agency shall approve or carry out a project for which an Environmental Impact Report has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (CEQA Guidelines §15091) Because the EIR identified significant effects which may occur as a result of the project, and in accordance with the provisions of the Guidelines, the City Council hereby adopt these findings as part of the approval of the Project. The City has prepared an EIR for the proposed Project in accordance with CEQA and CEQA Guidelines requirements. As mandated by City procedures, the EIR is subject to review and approval by the City Council. It is not considered reasonable, required or feasible for this City Council to recite every single detail forming the basis for its findings herein, since the voluminous record, incorporated herein by reference and made publicly available, contains the substantial evidence explaining the facts in support. The City Council considers this incorporation approach justified, especially in light of the fact that the City has responded in writing to each written comment raising environmental issues and has made this information widely available through staff reports and mailings. Where appropriate and helpful to understanding the basis of the City Council's recommended findings herein, the City Council has mentioned certain aspects of the record arising from public input. 2. Description of EIR Project Designs The EIR evaluated two alternative project designs for the Whispering Hills property. The following is a description 356 Dwelling Units Application #1 is for the original "Proposed Project/356 DU" design, including a rezone from "GM" Growth Management to "PC" Planned Community (with integral Comprehensive Development Plan or "CDP"), a Ridgeline Exception to allow construction of a road across two General Plan Ridgelines, a Hillside Management application to provide for review of the project in accordance with the City's hillside development regulations, and a vesting tentative tract map to subdivide the property into 356 single family residential lots and several open space and private street lots. High School/193 Dwelling Units Application #2 is for a new "High School/193 DU Alternative", including a rezone from "GM" Growth Management to "PC" Planned Community (with CDP), and a vesting tentative tract map to subdivide the property into 193 single family residential lots, a lot for the proposed high school, and several open space and private street lots. Hillside Management and Ridgeline Exception applications are also a part of this project application. Primary access is proposed from Avenida La Mancha for the West Canyon and La Pata Avenue for the East Canyon and the high school. 3. Alternatives The EIR addressed the two primary alternative project designs and several alternatives to these primary designs. The alternatives examined in the EIR include: (1) No Project/No Development (2) Golf Course (222 DU) (3) No Ridgeline Exception (No Emergency Access with 103 DU or Emergency Access with 275 DU (4) Development Under Existing GM Zoning (65 DU) (5) Slope Density/High School (131 DU) The City Council has reviewed and considered such alternatives in light of the adverse environmental effects which may resultfrom the project and the reduction orelimination of such effects which might be accomplished by selection of one of the alternatives. Each alternative is summarized below and the specific economic social or other considerations that are considered to render such alternatives infeasible are set forth. The discussions below are intended to summarize and not fully restate the evidence contained in the Draft EIR, Response to Comments, and the administrative records as a whole. PROJECT ALTERNATIVES: Project/No Development This alternative is the circumstance under which the Project does not proceed. This alternative would retain the property in its present undeveloped state. The No Project/No Development alternative does not meet the objectives of the 356 DU Alternative or the High School/193 DU Alternative because it would not provide for any development. Although the No Project/No Development alternative is the environmental superior alternative because it has no potential for adverse environmental impacts, this alternative does not meet project objectives, nor would it create additional housing opportunities. Also, keeping private property undeveloped is sustainable in the long term only if the property is purchased by the public or some other entity for the purpose of retaining it in open space. Therefore, it is recommended that this alternative be rejected. Golf Course (222 DU) This alternative includes 222 dwelling units (DU) and a 18 -hole golf course on the 356 -acre Whispering Hills Estates site. The Golf Course (222 DU) alternative would also require a zone change from GM District to Planned Community (PC) District. A road would be constructed across the ridgelines and grading would also impact the ridgelines. Therefore, a ridgeline exception would be required. Access would be from Avenida La Mancha and Camino Lacouague. This alternative would result in significant impacts associated land use, geotechnical, and aesthetic impacts. This project alternative does not meet project objectives, nor eliminates or reduces significant environmental impacts. Therefore, it is recommended that this alternative be rejected. No Ridgeline Exception (No Emergency Access with 103 DU or Emergency Access with 275 DU) This alternative includes two variations, neither requiring a ridgeline exception; one with no emergency access and one with emergency access. The No Emergency Access (103 DU) alternative would have 43 DU in the west canyon and 60 DU in the east canyon. The Emergency Access (275 DU) alternative would have 43 DU in the west canyon, 232 DU in the east canyon, and emergency access to La Pata Avenue through the Prima Deshecha landfill to the southeast. Implementation of the other development alternatives, with the exception of the Golf Course (222 DU) Alternative, could fulfill the project objectives of creating a low-density planned hillside community with an open, rural character in accordance with the City's current General Plan designation. However, from an economic perspective, the lower dwelling unit alternatives which do not include other development (i.e. golf course or high school), such as the Existing GM Zoning (65 DU) and No Ridgeline Exception (103 DU) alternatives, may not be able to support the high cost of grading and slide stabilization which would be necessary to allow any development of the property. Additionally, this alternative does not eliminate or reduce significant environmental impacts. Therefore, it is recommended that this alternative be rejected. Development Under Existing GM Zoning (65 DU This alternative consists of development under the existing GM (Growth Management) zoning, consisting of 65 DU on five -acre lot minimums. There would be 65 DU, with 27 DU in the west canyon and 38 DU in the east canyon. Access would be from Avenida La Mancha and Camino Lacouague. From an economic perspective, the lower dwelling unit alternatives which do not include other development (i.e. golf course or high school), such as this alternative, may not be able to support the high cost of grading and slide stabilization which would be necessary to allow any development of the property. This alternative does not meet project objectives, nor would it create additional housing opportunities. Additionally, this alternative does not eliminate or reduce significant environmental impacts. Therefore, it is recommended that this alternative is rejected. Slope Density/High School 031 DU) City Policy 421 establishes a slope density formula for residential projects in hillside areas. This formula progressively reduces the number of DU allowed as terrain becomes steeper. This alternative, a variation of the High School/193 DU Alternative, would permit a maximum of 131 DU, overall, after the exclusion of the high school site from the project site. — From an economic perspective, the lower dwelling unit alternatives which do not include other development (i.e. golf course or high school), may not be able to supportthe high cost of grading and slide stabilization which would be necessary to allow any development of the property. Additionally, this alternative does not eliminate or reduce significant environmental impacts. Therefore, it is recommended that this alternative is rejected. 4. Findings of Fact The City Council has reviewed the final EIR prepared to evaluate the proposed project and has considered the public record on the project as earlier described in these findings. These findings summarize the data and conclusions contained in the Draft EIR, the various response to comments and the administrative record. The Draft EIR, the various responses to comments and the administrative record are incorporated into these findings as set forth in full. Consistent with the requirements of the CEQA Guidelines, the EIR for the Whispering Hills Estates Project, herein after EIR, discusses environmental effects in proportion to their severity and probability of occurrence. To that end, the EIR recognizes that certain areas of impact from the project are unlikely to occur, or if potentially occurring can be mitigated to a level of insignificance by imposition of conditions to the project. It is not reasonably 4 anticipated that potential additional impacts will be discovered as a result of future studies (as identified per the mitigation measures) because of the substantial evidence in the administrative record (including the EIR presently). Therefore, these studies are incorporated into the mitigation measures to further assure protection and recognize responsible agency involvement occurring in the normal course of affairs after the lead acts. The City Council finds, based on all the data currently available, that while no significant adverse impacts are expected to be discovered as a result of any of these subsequent studies, the requirements of such studies in connection with the project and the reservation of the power to incorporate any mitigation measures required to mitigate any previously unknown impacts to insignificant levels, is itself adequate mitigation for any impacts disclosed by such subsequent surveys and studies, however, unlikely. The EIR identifies a number of potentially significant adverse environmental effects of the project. The EIR also identifies mitigation measures which would reduce or eliminate potential adverse effects. These effects and the mitigation measures are summarized below. All mitigation measures have been written as monitoring programs pursuant to Public Resources Code §21081.6. The drafting of these measures have been designed to ensure compliance during project implementation as explained further in the EIR. These findings merely summarize data in the EIR administrative record for purposes of identifying the significant impacts and mitigation measures for the project. The EIR is incorporated by reference into these findings as substantial evidence therefore as if set forth fully in the findings. LAND USE AND PLANNING Significant Effects The following is a summary of significant effects to land use and planning. The 356 DU project design will encroach upon a designated General Plan ridgeline by constructing a connecting road and adjacent homes across two General Plan -designated ridgelines. The High School/193 DU project design includes a rezone from "GM" Growth Management to "PC" Planned Community (with CDP), and a vesting tentative tract map to subdivide the property into 193 single family residential lots, a lot for the proposed high school, and several open space and private street lots. Hillside Management and Ridgeline Exception are also required. The construction of the high school and relocation of the SDG&E transmission lines will likely encroach upon the required 200 -foot buffer zone for the General Plan -designated ridgelines. With implementation mitigation measures impacts relative to land use will be reduced to less than significant. Findings Finding 1 - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures 356 DU & High School/193 DU If an exception to the ridgelines protection requirements is granted, the developer shall incorporate design techniques into finish grading that include variable slope gradients, rounding of tops and toes of slopes, blending of contours with existing natural topography, and slope landscaping. These shall be consistent with the requirements of the San Juan Capistrano General Plan and Section 9-3.510 of the Land Use Code. High School/193 DU 2. If the General Plan Amendment and Zone Change are approved, measures shall be taken to mitigate impacts on surrounding properties and streets resulting from — establishment of the high school, as described in the sections on noise, aesthetics (light and glare), and traffic. Mitigation Measures Added None. Mitigation Measures Not Incorporated None. Effects Not Mitigated to a Level of Insignificance None. GEOLOGY AND SOILS Significant Effects The following is a summary of significant effects to geology and soils. Both project designs (356 DU and the High School/193 DU) would be situated in an area of moderate or high risk potential for expansive/erosive soils, seismic ground shaking, liquefaction, and landslides. The 356 DU would result in grading and/or development across two General Plan -designated ridgelines. The High School/193 DU project design will result in grading or development on or near a General Plan -designated "major ridgeline," in order to provide for the construction of the high school and undergrounding- relocation of the SDG&E transmission lines. With implementation mitigation measures impacts relative to geology and soils will be reduced to less than significant. Findings Finding 1 - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures 356 DU & High School/193 DU 3. Prior to issuance of a grading permit and prior to approval of a final tract map, the project proponent shall ensure that all recommendations contained in the Preliminary Geotechnical Investigation, Whispering Hills (Reed Ranch), dated September 17, 2001 and the Third Party Geotechnical Review 2001 prepared by Cotton, Shires and Associates, Inc., dated September 12, 2001, are incorporated into the project grading and development design to the satisfaction of the Director of Engineering and Building. 356 DU & High School/193 DU 4. If an exception to the ridgeline protection requirements is granted, the developer shall incorporate design techniques into finish grading that include variable slope gradients, rounding of tops and toes of slopes, blending of contours with existing natural topography, and slope landscaping. These shall be consistent with the requirements o f the San Juan Capistrano General Plan and Section 9-3,510 of the Land Use Code. Mitigation Measures Added None. Mitigation Measures Not Incorporated None. Effects Not Mitigated to a Level of Insignificance The development of the 356 Du project design will cause extensive grading and construction on two General Plan -designated ridgelines. In light of the policies and standards of the General Plan and Land Use Code, the physical impacts of the ridgeline grading and construction cannot be fully mitigated. Therefore, this impact is determined to be significant and unavoidable. A Statement of Overriding Considerations is required. HYDROLOGY AND WATER QUALITY Significant Impacts The following is a summary of significant effects to hydrology and water quality The development of the property will alter the existing drainage pattern of the site through the alteration of the course of intermittent on-site streams. This would result in an increase in the amount of runoff generated on the project site. The 356 DU project design will increase stormwater runoff in excess of 20%. Peak flow runoff from the west canyon area may exceed the capacity of the existing 54 -inch RCP. Also, runoff from the east canyon may exceed the capacity of the existing 78 -inch RCP. Construction and operation of development of the site will create runoff that could impact water quality. With implementation mitigation measures impacts relative to hydrology and water quality will be reduced to less than significant. Mitigation Measures 356 DU & High School/193 DU 5. The Preliminary Geotechnical Investigation, Whispering Hills (Reed Ranch), November 10, 1997, prepared by Leighton and Associates, Inc., contains a number of recommendations regarding engineered drainage. 356 DU & High School/193 DU Prior to the issuance of grading permits or approval of the final map, whichever occurs first, further hydrological analysis of the west canyon shall be performed to determine the need to reduce peak flows. All recommendations of the hydrological analysis shall be incorporated into the final design. If necessary, a detention basin and/or other structure(s) will be provided to ensure that historical peak flows before development are maintained at the same levels after development. 356 DU & High School/193 DU 7. Prior to the issuance of grading permits or approval of the final map, whichever occurs first, further hydrological analysis of the east canyon shall be performed to determine the need to reduce peak flows. All recommendations of the hydrological analysis shall be incorporated into the final design. If necessary, a detention basin and/or other structure(s) will be provided to ensure that historical peak flows before development are maintained at the same levels after development. 356 DU & High School/193 DU 8. Design and construction of storm drains and sub -surface drainage shall adhere to all recommendations contained in the Preliminary Geotechnical Investigation for Whispering Hills (Reed Ranch) performed by Leighton and Associates, Inc. and dated November 10, 1997. 11 356 DU & High School/193 DU 9. Prior to the issuance of a grading permit, the project proponent will submit a Water Quality Management Plan for approval by the City. This plan will specify measures to eliminate non -storm water discharges into San Juan Creek. It will also specify pollution prevention, source control, and treatment control best management practices to prevent potential pollutants associated with the construction and operations of the project from causing or contributing to a violation of water quality standards in San Juan Creek, 356 DU & High School/193 DU 10. Prior to the issuance of a grading permit, the project proponent 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 the development of a Storm Water Pollution Prevention Plan which includes provisions for implementation of Best Management Practices and erosion control measures. Best Management Practices will include both structural and non- structural measures. A monitoring program for construction and post -construction will also be included. Proof of coverage by the State Construction Activities General NPDES Permit and a copy of the Storm Water Pollution Prevention manual shall be submitted to the City. Further if the proposed project site becomes part of a Special Area Management Plan or `SAMP', then the developer will meet all necessary requirements under that plan. 356 DU & High School/193 DU 11. Prior to the approval of final design, a landscape plan for Whispering Hills Estates shall be submitted for approval to the City of San Juan Capistrano. In addition to fuel modification for fire hazard reduction, the landscaping plan shall specify that all plants be drought tolerant and have low fertilizer requirements. The landscape plan shall specify that all irrigation be controlled to minimize runoff. 356 DU & High School/193 DU 12. Detention bases incorporated into the project will be designed to function as water quality basins as well as flow control basins. High School/193 DU 13. Prior to the issuance of grading permits or approval of the final map, whichever occurs first, a "blueline" stream impact analysis of the High School/193 DU Alternative shall be performed to address impacts to the blueline stream in the east canyon area. All recommendations of the analysis shall be incorporated into the final design. Mitiaation Measures Added None. Mitigation Measures Not Included None. Effects Not Mitigated to a Level of Insignificance None AIR QUALITY Significant Effects The following is a summary of significant effects to air quality. Potential air quality impacts associated with the development of the property fall into two areas: short-term impacts and long-term impacts. Short-term air quality impacts will occur as a result of exhaust emissions from construction activities (including fugitive dust emissions and transport of workers, machinery and construction supplies). The development of the property will general short-term impacts associated with Nox (emissions from construction activities). Operational emissions (long-term) are those associated with the change in permanent use of the project area. The 356 DU and the High School/193 DU project designs will exceed emission thresholds established by the SCAQMD for Nox and CO. Additionally, there will be no CO "hot spots" generated by development of the site. With implementation mitigation measures impacts relative to air quality will be reduced to less than significant. 10 Findinas Finding 1 - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures Short-term Air Quality Impacts 356 DU & High School/193 DU 14. Prior to issuance of a grading permit, the project proponent shall submit to the City of San Juan Capistrano Building and Engineering Department documentation demonstrating compliance with the South Coast Air Quality Management District Rule 403, Fugitive Dust, Best Available Control Measures for High Wind Conditions contained in Rule 403 shall be incorporated into compliance documentation. 356 Du & High School/193 DU 15. During construction, the following measures shall be followed to minimize construction -related emissions: A. Low emission construction equipment shall be utilized, where feasible: B. Construction equipment shall be kept in proper tune; C. Idling time for trucks and heavy equipment shall be minimized; and D. Electricity for power poles (rather than temporary on-site diesel -or gasoline - powered generators) shall be utilized where feasible. Documentation demonstrating compliance with the above construction -related measures shall be provided to the City of San Juan Capistrano Building and Engineering Department, prior to commencement of construction. Long-term Air Quality Impacts 356 DU & High School/193 DU 16. The traffic improvements identified in Section 4.5 (EIR) will serve to improve traffic flow and thus limit the increase in vehicle -generated pollutants, such as NOx and CO. Mitigation Measures Added None. 11 Miti abon Measures Not Included None. Effects Not Mitigated to a Level of Insignificance The development of the 356 DU or the High School/193 DU project design will contribute to an unavoidable significant cumulative impact on air quality. Therefore, this impact is determined to be significant and unavoidable. A Statement of Overriding Considerations is required. TRANSPORTATION AND CIRCULATION Significant Effects The following is a summary of significant effects to transportation and circulation. The 356 DU and the High School/193 DU project designs will contribute to significant short- range (existing -plus -project) traffic impacts in the surrounding area. Both project designs will also contribute to significant long-range cumulative traffic impacts at several identified intersections and road links. The EIR identifies, as a short term mitigation measure, the widening of Ortega Highway west of La Pata to four lanes. This suggested measure however is not currently feasible because there are circumstances that render its construction in conjunction with the Whispering Hills project impractical at this time. The City has been working with the California Department of Transportation, Caltrans, on improving the I-5/Ortega Highway Interchange because it is a recognized "choke point' to the Freeway and Ortega Highway (State Route 73). In previous meetings and in correspondence between the City and Caltrans, it has been recognized that any widening of Ortega Highway to a full four lanes to La Pata would only serve to increase traffic congestion at the interchange and further exacerbate existing impacted traffic levels of service. Caltrans is currently proceeding with the preliminary design engineering work for the widening and is currently programming construction of the widening in Fiscal Year 2006-07. However the City has asked, and Caltrans has agreed to work with the City to insure that the Ortega Interchange is improved prior to proceeding with construction of the Ortega widening project. The physical construction to widen Ortega Highway west of La Pata in conjunction with the Whispering Hills project is therefore inconsistent with current City direction and would, by its construction, result in additional negative impacts to the I- 5/Ortega Interchange. Therefore, the Ortega widening is not considered a feasible mitigation measure. 12 Ortega Highway is identified on the State Congestion Management Plan's (CMP) street network and as such the Whispering Hill's EIR traffic study must identify traffic impacts to the roadway. The CMP guidelines further specify that mitigation fees should be collected to defray the cost of proposed improvements. Therefore given implementation of the Ortega Highway widening west of La Pata is considered infeasible in the short term, the mitigation measure requiring widening of Ortega Highway to four lanes is infeasible therefore is not being included and instead a mitigation measure is being added requiring that the project proponent pay a fee per the City's "Fair Share" Policy 111 be imposed as an alternative mitigation. With implementation mitigation measures impacts relative to transportation and circulation Will be reduced to less than significant. Findings Finding 1 - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Finding 2 - Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measure identified in the EIR. Mitigation Measures 356 DU 17. The project proponent shall be responsible for implementing the improvements listed below. Timing and other details of improvements shall be as specified in project conditions of approval. 1-5 Ramps & Ortega Highway - Addition of an eastbound right -turn lane at the southbound ramps and modification to the westbound approach at the northbound ramps to provide a through lane, a shared through and right -turn lanes, and a right turn lane. Because state and interstate highways are involved, these improvements are to be done with the participation, and under the direction of, Caltrans. La Novia Avenue & San Juan Creek Road - Installation of protected/permissive left -turn signal phasing at the intersection in the northbound and southbound directions. La Novia Avenue & Calle Arroyo - Installation of a traffic signal, to be done concurrently with future widening of the La Novia bridge and roadway. Valle Road and 1-5/1-a Nova Avenue - Installation of a traffic signal and realignment of the intersection. 13 Orteaa ' 'ffiahwav west of Le Pata Avenue Widen to four lanes La Novia Avenue south of Calle Arroyo (including bridge) -Widen to four lanes plus turn lane(s). 356 DU & High School/193 DU 18. Prior to the issuance of building permits, "Fair Share" fees shall be paid to mitigate the long-range impacts identified in Mitigation Measure 17. High School/193 DU 19. Prior to approval of any final tract or parcel map within the property and prior to certification of grading for the high school site and/or commencement of building construction of the high school, the proponent shall pay all fees and complete all construction improvements listed below or shall provide for construction of those improvements via a binding improvement agreement or other instrument, to the satisfaction of the City. 1-5 Ramps & Ortega Highway - Addition of an eastbound right -turn lane at the southbound ramps and modification to the westbound approach at the northbound ramps to provide a through lane, a shared through and right -turn lanes, and a right turn lane. Because state and interstate highways are involved, these improvements are to be done with the participation, and under the direction of, Caltrans. La Novia Avenue & San Juan Creek Road - Installation of protected/permissive left -turn signal phasing at the intersection in the northbound and southbound directions. La Novia Avenue & Calle Arroyo - Installation of a traffic signal, to be done concurrently with future widening of the La Novia bridge and roadway. Antonio Parkway/La Pata Avene & Ortega Highway - Addition of a second northbound left -turn lane and a second westbound through lane or second eastbound left -turn lane; conversion of the existing southbound through lane to a right -turn lane; and provision of eastbound right -turn overlap phase. Valle Road and I-5/La Nova Avenue - Installation of a traffic signal and realignment of the intersection. ertece I '*ahway west of La Widen to four lane -s La Novia Avenue south of Calle Arroyo (including bridge) - Widen to four lanes plus turn lane(s). Del Obispo Street west of Camino Capistrano - Improvements such as re - 14 striping, signal modifications, and auxiliary lanes. Mitigation Measures Added 356 DU & High School/193 DU 20. Prior to the issuance of any building permits, the project proponent shall pay a fee per the City's "Fair Share" Policy 111 as mitigation for widening Ortega Highway to four lanes. Mitigation Measures Not Included The following component of Mitigation Measure #18 & #20: Effects Not Mitigated to a Level of Insignificance None. BIOLOGICAL RESOURCES Significant Impacts The following is a summary of significant effects to biological resources. Construction of the 356 DU project design would impact 7.03 acres of riparian vegetation, 28.84 acres of which are considered jurisdictional by the Army Corps of Engineers (ACOE) and 3.81 acres of which are considered jurisdictional by the California Department of Fish & Game (CDFG). Also, construction of the 356 DU would impact 62.14 acres of coastal sage scrub habitat and 1.76 acres of native grassland. Non -listed plant species such as Coulter's saltbush, intermediate mariposa lily, souther tarp lant, Blochman'sdudleya, many - stemmed dudleya, prostrate navarretia, rayless ragwort, and salt spring checkerbloom may occur within the SDG&E easement and remedial grading areas. Thread -leaved brodiaea may be located in the project impact area and, if so, may be significantly impacted by grading and construction activities. Three pairs and three apparently unpaired individual coastal California gnatcatchers would be directly impacted by the 356 DU project design. Two unpaired individuals would be adjacent to the impact area and one unpaired male would be indirectly impacted. Habitat that has been occupied by one male least Bell's vireo would be impacted by the 356 DU project design. Development activities will have an impact on raptors which have been observed on-site and have the potential to nest on-site. Indirect noise impacts are considered significant if the coastal California gnatcatcher, least Bell's vireo, or nesting raptor is found within 500 feet of the 356 DU impact area and construction would occur within the nesting/breeding/dispersal season (February 1 to September 15). Impacts to water quality from urban and landscaping chemicals and nutrients will incrementally contribute to a reduction in the water quality in the project area. Invasive exotic plant species will degrade the native vegetation in the project vicinity. Night lighting will inhibit potential special status wildlife species from using natural open space 15 areas adjacent to lighted areas. The High School/193 DU Alternative will result in the loss of ±304 acres vegetation. This impact includes 5.48 acres of riparian, 70.47 acres of coastal sage scrub, 1.10 acres of chaparral, 1.76 acres native grassland, 222.43 acres of California annual grassland, and 2.75 acresofdisturbed/developed vegetation types. The High School/193 DU designwould have similar impacts to special status plant species as the 356 DU project design. The High School/193 DU project design will result in significant impacts to special status wildlife species. The High School/193 DU project would impact two pairs of the five individual unpaired coastal California gnatcatchers, as well as other special status species listed for the 356 DU project. One pair and one unpaired individual coastal California gnatcatchers and the unpaired male least bell's vireo would not be directly impacted by the High School/193 DU project. Indirect impacts including noise, increased dust and urban pollutants, invasive exotic plant species, night lighting, and increased human activity, would impact plant and wildlife species with development of the High School/193 DU project design similar to the 356 DU project design. Construction activities and implementation of the High School/193 DU would result in similar direct and indirect cumulative impacts to biological resources as the 356 DU project design. With implementation mitigation measures impacts relative to biological resources will be reduced to less than significant. Findings Finding 1 - Changes or alterations had been required in or incorporated into the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures 356 DU & High/193 DU 21. Prior to issuance of a grading permit, the project proponent will obtain all necessary permits from the ACOE and CDFG. Mitigation for project impacts to riparian habitat will consist of restoring riparian habitat at no less than a 1:1 ratio or as otherwise approved through the ACOE and CDFG permit/agreement process for the proposed project. The location of the mitigation site will also be determined through consultation with the ACOE and CDFG during the permitting/agreement process. The objective of the mitigation would be to ensure no net loss of habitat values from the project. The project proponent will forward a detailed riparian mitigation plan for review and approval by the ACOE, CDFG, and City of San Juan Capistrano prior to grading. 16 Typical mitigation forthe ACOE/CDFG jurisdictional permit/agreement process may consist of, but would not be limited to, riparian habitat restoration. If the permitting process determines that this would be the appropriate mitigation, the mitigation programs submitted to the ACOE and CDFG as part of the permit/application process would typically contain the following information. A. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the project proponent, specialists, and maintenance personnel that would supervise and implementthe plan will be specified. B. Site selection. The site for the mitigation will be determined in coordination with the project proponent and resource agencies. Site selection will consider and avoid significant impacts to other sensitive biological resources. C. Site preraration and planting_ implementation. The site preparation will include: 1) protection of existing native species; 2) trash and weed removal; 3) native species salvage and reuse (i.e. duff); 4) soil treatments (i.e., imprinting, decompacting); 5) temporary irrigation installation; 6) erosion control measures (i.e., rice or willow wattles); 7) seed mix application; and 8) cuttings and container species. A good faith effort will be made to collect seed from the project site or the local vicinity for use on the restoration site. D. Schedule. A schedule will be developed in consultation with the resource agencies. E. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance; 5) maintenance training; and 6) replacement planting. F. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria as approved by the resource agencies; 4) monthly reports for the first year and bimonthly reports thereafter; and 5) annual reports which will be submitted to the resource agencies for a period of time as specified by ACOE and CDFG. The site will be monitored and maintained for a period of time as specified by ACOE and CDFG to ensure successful establishment of riparian habitat within the restored and created areas; however, if there is successful coverage prior to this time, the project proponent may request from the ACOE and CDFG to be released from monitoring requirements. If the site has not met its performance criteria within the specified time period, a meeting will be held with the resource agencies and the project proponent to determine a contingency course of action. 17 G. Long-term preservation. Long-term preservation of the site will be outlined in the restoration plan to ensure the mitigation site is not impacted by future development. A conservation easement will be obtained for the mitigation site. H. Performance standards will be identified and will apply for the restoration of riparian habitat. Revegetation will be considered successful for a specified period of time if the percent cover and species diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative analysis of existing and restored and/or created habitat areas. In addition, all activities involving the removal of riparian habitat occupied by the least Bell's vireo will be prohibited in the study area during the vireo breeding and nesting season (April 1 to August 15), unless otherwise directed by the USFWS and CDFG. Refer to MM 27 regarding the removal of this habitat outside the breeding season. 22. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, including clearing, grubbing, mowing, discing, trenching, grading, fuel modification, or any other construction -related activity within the project site, whichever occurs first, the project proponent will obtain any necessary authorization from the USFWS to remove coastal sage scrub pursuant to Section 4(d), 7, or 10(a) of the federal Endangered Species Act (FESA). As part of the FESA permitting process, the proponent will develop a detailed coastal sage scrub mitigation plan and submit the plan to the USFWS for review and approval. Mitigation included in the plan will include a combination of onsite or offsite preservation, enhancement, and/or restoration at no less than a 1:1 ratio or as otherwise deemed appropriate by the USFWS during the permitting process. The USFWS may also consider a financial contribution to the NCCP Consultants Trust to assist in the funding of the planning and management of the Southern Subregion NCCP reserve. The objective of the mitigation plan is to ensure no net loss of habitat values as a result of the project implementation. The location of the mitigation will be determined through consultation with the USFWS during the permitting process. Typical mitigation may consist of, but would not be limited to, preparation of a coastal sage scrub restoration plan. If the permitting process determines that this would be the appropriate mitigation, the mitigation programs submitted to the USFWS as part of the permitting process would typically contain the following information. A. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the project proponent, technical specialists, and maintenance personnel that will supervise and implement the plan will be specified. B. Site selection. The site for the mitigation will be determined in coordination with the project proponent and USFWS. The site will either be located on the project site in a dedicated open space area or within dedicated open space areas offsite. The mitigation site selected will be contiguous with other areas of natural open space. Appropriate sites will have suitable soils for the establishment of sage scrub species. Site selection will consider and avoid significant impacts to other sensitive biological resources. C. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species; 2) trash and weed removal; 3) native species salvage and reuse (i.e., duff); 4) soil treatments (i.e., imprinting, decompacting); 5) temporary irrigation installation; 6) erosion control measures (i.e., rice or willow wattles); 7) seed mix application; and 8) container species. D. Schedule. A schedule will be developed in consultation with the resource agencies. E. Maintenance clan/guidelines. The maintenance plan will include: 1) weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance; 5) maintenance training; and 6) replacement planting. F. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria as approved by the USFWS; and 4) site documentation (i.e., progress reports submitted after each qualitative survey and annual reports submitted to the USFWS on an annual basis). The site will be monitored and maintained for a period of time as specified by USFWS to ensure successful establishment of habitat within the restored and created areas; however, if there is successful coverage prior to this specified time, the project proponent may request early release from monitoring requirements from the appropriate resource agencies. If the site has not met its performance criteria within the specified time period, a meeting will be held with the USFWS and the project proponent to determine a contingency course of action. G. Long-term preservation. Preservation of the site in perpetuity will also be outlined in the restoration plan to ensure the mitigation site is not impacted by future development. A conservation easement and a performance bond will be secured prior to implementation of the site. H. Performance Standards. Performance standards will be identified and will apply to the restoration of coastal sage scrub habitat. Revegetation will be considered 19 successful prior to the specified time period if the percent cover and species - diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative analysis of existing and restored and/or created habitat areas. If onsite preservation comprises a portion of the mitigation, typical mitigation may include, but would not be limited to the following: The native and non-native habitats within natural open space on the project site that are not impacted by the proposed project will be preserved in perpetuity. Onsite preservation areas shall contain a combination of scrub, grasslands, and riparian vegetation types. These areas will primarily be located at the outer limits of the development boundary, adjacent to other open space areas within Rancho Mission Viejo, the City of San Juan Capistrano, and the Prima Deshecha Landfill. The onsite open space areas shall be protected from future development through a conservation easement or other appropriate mechanism. In addition, all activities involving the removal of occupied coastal sage scrub will be prohibited in the study area during the gnatcatcher breeding and nesting season (February 15 to August 30), unless otherwise directed by the USFWS. Refer to MM 26 in regards to removing this habitat outside the breeding season. 23. Prior to issuance of a grading permit, the project proponent will submit a native grassland mitigation plan for review and approval by the City of San Juan Capistrano. The objective of the mitigation is to ensure no net loss of habitat values from the project. Native grassland will be replaced at no less than a 1:1 ratio. The native grassland restoration may be conducted concurrently with the coastal sage scrub restoration. For example, the restoration plan can be combined into one report, and the mitigation sites may be in the same location. The native grassland can be designed as pockets within the coastal sage scrub; however, the native grassland mitigation acreage must be additional to the sage scrub restoration acreage. The detailed native grassland mitigation plan will contain the following: A. Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the City of San Juan Capistrano, technical specialists, and maintenance personnel that will supervise and implement the plan will be specified. B. Site selection. The site for the mitigation will be determined in coordination with the City of San Juan Capistrano. The site will either be located on the project site in a dedicated open space on the project site or offsite. The mitigation site selected will be contiguous with other areas of natural open space. Appropriate sites will have suitable soils for the establishment of native grassland. Site selection will consider and avoid significant impacts to other sensitive biological — resources. 20 C. Site preparation and planting implementation. The site preparation will include: 1) protection of existing native species; 2) trash and weed removal; 3) native species salvage and reuse (i.e., duff); 4) soil treatments (i.e., imprinting, decompacting); 5) temporary irrigation installation; 6) erosion control measures (i.e., rice or willow wattles); 7) seed mix application; and 8) container species. D. Schedule. A schedule will be developed in consultation with the resource agencies. E. Maintenance plan/guidelines. The maintenance plan will include: 1) weed control; 2) herbivory control; 3) trash removal; 4) irrigation system maintenance; 5) maintenance training; and 6) replacement planting. F. Monitoring plan. The monitoring plan will include: 1) qualitative monitoring (i.e., photographs and general observations); 2) quantitative monitoring (i.e., randomly placed transects); 3) performance criteria; and 4) site documentation (i.e., progress reports submitted aftereach qualitative survey and annual reports submitted to the City of San Juan Capistrano on an annual basis). The site will be monitored and maintained for a period of time as specified bythe resource agencies to ensure successful establishment of habitat within the created areas; however, if there is successful coverage prior to the specified time period, the project proponent may be released early from monitoring requirements. If the site has not met its performance criteria within the specified time period, a meeting will be held with the City of San Juan Capistrano and the project proponent to determine a contingency course of action. G. Long-term preservation. Preservation of the site in perpetuity will also be outlined in the approved restoration plan to ensure the mitigation site is not impacted by future development. A conservation easement and a performance bond will be secured prior to implementation of the site. H. Performance standards. Performance standards will be identified and will apply to the restoration of native grassland habitat. Revegetation will be considered successful prior to the specified time period if the percent cover and species diversity of the restored and/or created habitat areas are similar to percent cover and species diversity of adjacent existing habitats, as determined by quantitative analysis of existing and restored and/or created habitat areas. 21 24. Focused pre -construction spring surveys will be conducted on any impacted area not subjectto previous studies forthe Coulter's saltbush, intermediate mariposa lily, southern tarplant, Blochman's dudleya, many -stemmed dudleya, prostrate navarretia, rayless ragwort, and salt spring checkerbloom within suitable habitat within the impact areas in the SCE easement and remedial grading areas. If these species are not found or not found in significant numbers, no additional action is required. If a substantial population of these species is found to be present in the impact area, measures to avoid and/or minimize the impact will be developed in consultation with the City. Appropriate measures may include avoidance of the populations, relocation, or purchase of offsite populations for inclusion to adjacent open space areas. 25. If project grading occurs prior to May 1, 2002, a qualified biologist will identify the habitat areas with the greatest potential for the thread -leaved brodiaea in the impact area of the SCE easement and remedial grading areas that have not been subject to previous surveys. These areas will be staked and flagged by a botanist familiar with this species in the region. The topsoil in these potential habitat areas will be stockpiled on site during project grading and spread within appropriate restoration areas. If grading is to occur after May 1, 2002, pre -construction surveys will be conducted during the spring prior to construction in the SCE easement and remedial grading _ areas that have not been subject to previous surveys. If any thread -leaved brodiaea are found to be present in the impact area, measures to avoid and/or minimize the impact will be developed in consultation with the appropriate resource agencies. Appropriate measures may include avoidance of the populations, relocation, or purchase of offsite populations for inclusion to adjacent open space areas. 26. Prior to initiation of construction activities, the population of Coulter's saltbush will be salvaged from the project site. A pre -construction survey will be conducted during the peak blooming period for this species (typically between May and October) to locate and mark all locations with flagging. The number of plants at each salvage site will be determined for purposes of establishing success standards. After the plants have flowered, seeds will be collected by a qualified seed collector. In addition, the top three inches of soil, will be collected (scraped up) using a flattened shovel and placed in cardboard boxes. Collection of seed and soil will be conducted between September and October as directed by a qualified botanist/biologist. The boxes will be stored in a cool dry environment at an approved storage site (i.e., herbarium or native plant nursery) until translocation of the soil/plant mix is implemented. The relocation site will be selected by a qualified botanist/biologist and will be located within an open space area with appropriate ecological conditions for Coulter's saltbush. The selection of the relocation site will include appropriate soils, aspect, and habitat. The soils will be sampled in the existing population prior to 22 transplantation and in the relocation site before planting. The site selected will be protected in perpetuity with a conservation easement. Priorto planting, germination studies will be conducted on a small percentage of the collected seed. The purpose of these germination studies will be to determine: 1) viability of seed; and 2) necessary procedures to germinate the seeds. The germination studies will be conducted at an approved greenhouse by experienced professionals (e.g., California State University at Fullerton Greenhouse), This data will be documented and included in the relocation plan developed prior to planting. Collection of seed and soil for translocation will eliminate (or at least greatly reduce) propagules from impact sites. Therefore, collection of seed is to be a one-time event. A detailed planting program will be developed. The program will include the methods of seed collection, monitoring of transplanted populations, length of monitoring program, success criteria, and remedial measures if success criteria are not met. 27. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of coastal sage scrub habitat, including clearing, grubbing, mowing, discing, trenching, grading, fuel modification, or any other construction -related activity within the project site, the project proponent will obtain authorization from the USFWS to impact this species. The mitigation/compensation for the loss of coastal sage scrub and gnatcatchers must be approved through either Section 4(d), Section 7 or Section 10(a) of the FESA. Specific measures, including, but not limited to, avoidance, minimization, and compensation developed during consultation with the resource agencies will be implemented to the satisfaction of the resource agencies. This includes negotiation of an appropriate mitigation ratio for coastal sage scrub vegetation as described in MM 4.6 .2 22. In addition, the following measures will be implemented at the site during the construction period: A. Any activity involving the removal of occupied coastal sage scrub habitat in the study area during the breeding and nesting season will be prohibited (February 15 through August 30), unless otherwise directed by the USFWS. The use of any large construction equipment during site grading will be prohibited within 500 feet of an active gnatcatcher nest during the breeding and nesting season (February 15 through August 30), unless otherwise directed by the USFWS. B. All grubbing operations will be monitored by a qualified biologist with the necessary permits. The monitoring biologist will ensure that only the amount of coastal sage scrub approved during the consultation process will be removed. The monitoring biologist will flush gnatcatchers from the vegetation to be cleared prior to disturbance to ensure that no gnatcatcher are directly impacted during 23 the vegetation removal. The monitoring biologist has the authority to stop or direct construction at any time he/she feels that a gnatcatcher is in danger. C. All areas containing habitat suitable for occupation by the coastal California gnatcatcher adjacent to the impact area, will be delineated by the use of orange snow fencing or the use of lath and ropes/flagging. 28. Prior to the issuance of a grading permit or the initiation of any activity that involves the removal/disturbance of riparian habitat, including clearing, grubbing, mowing, discing, trenching, grading, fuel modification, or any other construction -related activity within the study area, the project proponent will obtain necessary authorization from the USFWS to impact this species. The mitigation/compensation for the loss of riparian habitat and least Bell's vireo must be approved through either Section 7 or Section 10(a) of the FESA. Specific measures, including, but not limited to, avoidance, minimization, and compensation developed during consultation with the resource agencies will be implemented to the satisfaction of the resource agencies. This includes negotiation of an appropriate mitigation ratio for riparian vegetation as described in MM 4.6 .1 21. In addition, the following measures will be implemented at the site during the construction period: A. All activities involving the removal of riparian habitat occupied by the least Bell's vireo will be prohibited in the study area during the vireo breeding and nesting season (April 1 to August 15), unless otherwise directed by the USFWS and CDFG. The use of any large construction equipment during site grading will be prohibited within 500 feet of an active vireo nest or during the breeding and nesting season of this species (April 1 to August 15), unless otherwise directed by the USFWS and CDFG. B. All grubbing operations will be monitored by a qualified biologist. The monitoring biologist will ensure that only the amount of riparian habitat approved during the consultation process will be removed. The monitoring biologist will flush vireos from the vegetation to be cleared prior to disturbance to ensure that no vireos are directly impacted during the vegetation removal. The monitoring biologist has the authority to stop or direct construction at any time he/she feels that a vireo is in danger. C. All areas containing habitat suitable for occupation by the least Bell's vireo adjacent to the impact area, will be delineated by the use of orange snow fencing or the use of lath and ropes/flagging. 24 29. Seven days prior to the onset of construction activities, a qualified biologist will survey within the limits of project disturbance for the presence of any active raptor nests/burrows. Any nest/burrow found during survey efforts will be mapped on the construction plans. If no active nests/burrows are found, no further mitigation would be required. Results of the surveys will be provided to the CDFG. If nesting activity is present at any raptor nest/burrow site, the active site will be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from February 1 to June 30. To protect any nest/burrow site, the following restrictions on construction are required between February 1 and June 30 (or until nests/burrows are no longer active as determined by a qualified biologist): (1) clearing limits will be established a minimum of 300 feet in any direction from any occupied nest/burrow; and (2) access and surveying will not be allowed within 200 feet of any occupied nest/burrow. Any encroachment into the 300/200 foot buffer area around the known nest/burrow will only be allowed if it is determined by a qualified biologist that the proposed activity will not disturb the nest/burrow occupants. Construction during the non -nesting season can occur only at the sites if a qualified biologist has determined that fledglings have left the nest/burrow. If an active nest/burrow is observed during the non -nesting season, the nest/burrow site will be monitored by a qualified biologist, and when the raptor is away from the nest/borrow, the biologist will flush any raptor to open space areas. The biologist will then remove the nest site or excavate the burrow site with hand tools or fill with soil so raptors/owls cannot return to a nest or burrow site. 30. A Construction Noise Minimization Program will be developed prior to issuance of a grading permit and submitted to the City of San Juan Capistrano and resource agencies for review and approval. The plan will be implemented and may include measures such as the utilization of construction noise barriers, the siting of construction equipment material and construction staging areas to minimize noise impacts, and the fitting of internal combustion engine construction vehicles with properly maintained mufflers. 31. Prior to the issuance of a grading permit, the project proponent 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 the development of a Storm Water Pollution Prevention Plan which includes provisions for the implementation of Best Management Practices and erosion control measures. Best Management Practices will include both structural and non-structural measures. Included in the non-structural Best Management Practices contained in the Storm Water Pollution Prevention Plan, all storm drain inlets shall be clearly marked with a notice prohibiting hazardous materials. This 25 notice may take the form of a phrase such as "No dumping drains to ocean" stenciled on the sidewalk above the inlet. Further, stormwater filters would be installed as needed. A monitoring program for construction and post -construction will also be included. Proof of coverage by the State Construction Activities General NPDES Permit and a copy of the Storm Water Pollution Prevention manual shall be submitted to the City. 32. Prior to the issuance of building permits, landscaping designs will be submitted to the City of San Juan Capistrano for review and approval by a qualified biologist. The review will determine that no invasive, exotic plant species are to be used in the proposed landscaping, and will propose suitable substitutes. Native species consistent with fire authority guidelines should be used to the extent practicable. 33. Prior to approval of improvement plans, a lighting plan will be submitted to the City of San Juan Capistrano for review and approval to demonstrate that lighting from the proposed project is directed away from natural open space areas. Mitigation Measures Added None. Mitiaation Measures Not Included None. Effects Not Mitigated to a Level of Insianificance None. HAZARDS Significant Impacts The following is a summary of significant effects for hazards. The 356 DU project would result in the development of residential uses in close proximity to a solid waste landfill, household hazardous waste facilities, manufacturing of explosives or flammable, hazardous waste processing, radioactive materials or similar uses. The project site may be impacted by landfill gases generated by the Prima Deshecha Landfill. With implementation mitigation measures impacts relative to hazards will be reduced to less than significant. Findings Finding 1 - Changes or alterations had been required in or incorporated into the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Finding 2 - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Mitigation Measures 34. Prior to the issuance of building permits, design of residential homes to be built within 1000 feet of the waste footprint of Prima Deshecha shall include systems to prevent methane -related hazards. Prior to the issuance of grading or building permits, landfill records will be reviewed for air sampling data and any known soil data with regards to any offsite migration of contaminates at levels above federal, state or local guidelines. Mitigation Measures Added None, Mitigation Measures Not Included None. Effects Not Mitigated to a Level of Insignificance None. PUBLIC SERVICES Significant Impacts The following is a summary of significant effects to public services. Fire Protection The project site is located at a substantial distance from existing Orange County Fire Authority (OCFA) facilities and response time to the project site does not presently comply with City and County standards. The development of the property (i.e. residential and/or high school) will result in new development which will increase Fre dangers and the need for fire protection. Additionally, the High School/193 DU project includes an institutional land use which might involve the handling or storage of hazardous materials. All handling and/or storage of hazardous materials will be required to comply with applicable state and local regulations. 27 Police Services The development of the site will require additional police services. The service requirements alone are not expected to result in the need for additional personnel or equipment. The EIR concluded that potential impacts to police services would be less than significant. School Facilities The residential component of developing the site will generate additional public school students who will require accommodation at school sites within the Capistrano Unified School District that are already operating beyond design capacity. Parks and Recreation The development of the property will increase the demand for public parkland by bringing new residents to the City. Findings Finding 1 - Changes or alterations had been required in or incorporated into the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures Fire Protection (356 DU) 35. Prior to the approval of a final tract map, provision shall be made for the project proponent to contribute, on a fair share basis toward, the development of fire protections infrastructure currently being planned in the San Juan/Ortega corridor. Fire Protection (356 DU) 36. In conjunction with any rezone or tentative tract map approval, standard conditions shall be imposed regarding provision of fire hydrants, water availability, automatic fire sprinkler systems, fire access roads, fire land markings, traffic signal preemption devices, fire hazard notification, fuel modification, access gates, combustible construction letter notification, combustible gas mitigation, and other standard conditions required OCFA. Fire Protection (High School/193 DU) 37. In conjunction with any new rezone or tentative tract map approval, conditions shall be imposed regarding handling and storage of hazardous materials to the satisfaction of the Orange County Fire Authority and/or the appropriate state agency. School Facilities (356 DU) 38. A mitigation fee will be pad by the developer to the Capistrano Unified School District in accordance with state law. 28 Parks and Recreation (356 DU) 39. Prior to the approval of a final tract map, the project proponent shall pay an in -lieu park fee in accordance with the City Land Use Code. Parks and Recreation (High School/193 DU) 40. In conjunction with any rezone or tentative tract amp approval, or by means of a project implementation agreement, the City and the project proponent shall agree to measures which provide for development and/or maintenance of the public park sites shown adjacent to the high school site in Section 4.1 (Land Use and Planning). Mitigation Measures Added None. Mitigation Measures Not Included None. Effects Not Mitigated to a Level of Insignificance None. - UTILITIES Significant Impacts The following is a summary of significant effects to utilities. Grading, construction, and development design may affect access to and along the existing SDG&E 150' electrical transmission corridor. No significant impacts to energy facilities and service, stormwater and water facilities and service, communications facilities and service, solid waste facilities and service, sewer facilities service. Mitigation Measures 356 DU & High School/193 DU 41. Prior to the issuance of a grading permit, the project proponent will obtain a "Letter of Permission for Grading" from SDG&E. Mitigation Measures Added 356 DU & High School/193 DU 42. Prior to the issuance of a grading permit, the project proponent will coordinate with Pacific Bell regarding access/easement(s) and facilities and services and obtain a "Letter of Permission for Grading" from Pacific Bell. Mitigation Measures Not Included None. Effects Not Mitigated to a Level of Insignificance None. AESTHETICS Significant Impacts The following is a summary of significant effects to aesthetics. The 356 DU project design will encroach upon a General Plan -designated ridgeline because it includes construction of a connecting road and adjacent homes over the ridgeline. The High School/193 DU project design will encroach upon a General Plan -designated ridgeline because it includes grading within 50 feet of the ridgeline. With implementation of the mitigation measures, aesthetic impacts will be reduced below a level of significance. Findings Finding 1 - Changes or alterations had been required in or incorporated into the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures 356 DU & High School/193 DU 43. The project proponent shall incorporate minimum design standards into finish grading that include variable slope gradients, rounding of tops and toes of slopes, and lending of contours with existing natural topography. These shall be consistent with the requirements of the General Plan and Section 9-3.510 of the Land Use Code. 44. Energy Efficient Luminaries - Light energy and resulting electrical energy will be such that the reflector system design places more than 60 percent of the total light output in the lower portion of the projected light below the maximum candlepower point and thereby onto the filed to be illuminated. Spill - Light onto adjoining areas and into sky glow will be restricted and will meet the same criteria, such that more than 60 percent of the total light is in the lower KE -- portion of the projected light below the maximum candlepower. Glare - Light as viewed from off-site locations will be controlled with a reflector system that projects more than 60 percent of the total light into the lower portion of the projected light below the maximum candlepower. Site Plan - Design Scheme "M", which places the sport stadium substantially behind the existing knoll to the north, shall be utilized to provide further screening for light and glare. Mitigation Measures Added None. Mitination Measures Not Included None. Effects Not Mitigated to a Level of Insignificance Notwithstanding the mitigation measures identified above, the visual analysis presented in the EIR indicates that, in light of policies and standards of the General Plan and Land - Use Code, the visual impacts of the ridgeline grading and construction of the 356 DU project design will remain significant and unavoidable. Therefore, a Statement of Overriding Consideration will be required. CULTURAL RESOURCES Significant Impacts The following is a summary of significant effects to cultural resources. The development of the property (356 DU design & the High School/193 DU project design) will result in substantial soil disturbance from construction. Therefore, construction could potentially impact unknown Paleontological, archaeological resources, and/or human remains. Findings Finding 1 - Changes or alterations had been required in or incorporated into the project which avoid or substantially lessen many of the significant environmental effects as identified in the EIR. Mitigation Measures 31 45. A. Prior to the issuance of any grading permits, and for any subsequent permit involving excavation to increased depth, the project proponent shall provide a letter from a paleontologist. The letter shall state that this individual has been retained by the project proponent, and that the consultant will be on-site during all grading excavation operations and other significant ground disturbing activities. This consultant shall be selected from the roll of qualified paleontologists maintained by the County of Orange Public Facilities and Resources Department within the Harbors, Beaches and Parks Division. B. The paleontologist shall be present atthe pre -grading conference, shall establish procedures for Paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossil finds. If major Paleontological resources are discovered which require long-term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and to the City of San Juan Capistrano. During grading, the paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and/or salvage of encountered paleontolgic resources (fossils). Excavated significant fossil finds shall be offered to the City of San Juan Capistrano or its designee or a first -refusal basis. C. If significant concentrations of fossils are encountered which cannot be collected during normal monitoring time, salvage operations shall be initiated and completed as quickly as feasible at the direction of palaeontologist and coordinated with the on-site grading foreman. The Planning Department and the property developer shall be notified regarding any Paleontolgic salvage operations as soon as possible. D. A Final Paleontological Report shall be prepared for submission, review, and approval by the Planning Director. The report shall include grading dates, methodologies, an itemized inventory of specimens and analysis of the significance of encountered fossils, curation of collected fossils to the point of identification, and accession of the fossils to the City of San Juan Capistrano or a museum repository with a retrievable storage system. 46. A. Prior to the issuance of any grading permits, and for any subsequent permit involving excavation to increased depth, the project proponent shall provide a letter from an archaeologist. The letter shall state that this individual has been retained by the project proponent, and that the consultant will be on-site during all grading excavation operations and other significant ground disturbing activities. This consultant shall be selected from the roll of qualified archaeologists maintained by the County of Orange Public Facilities and Resources Department, within the Harbors, Beaches and Parks Division. B. If archaeological resources are discovered during construction, notification and securing of the site area shall take place in accordance with City Council Policy 601. 32 C. A Final Archaeological Report shall be prepared by the project archaeologist and submitted to the Planning Department. The Report shall be based on information gathered during field observations and shall include discussion of the monitoring program and its results, any finds, and recommendations for additional work if deemed necessary. 47. Prior to the issuance of any grading and/or building permits, a mitigation program shall be submitted by the project proponent to the Planning Department to address the accidental discovery or recognition of any human remains. The program shall require the following: A. In the event human remains are discovered, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains will occur until the County Coroner is contacted and determined that no investigation of the cause of death is required. B. If the County Coroner determines any human remains discovered to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours; - 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American; and 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for mans of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Where the following conditions occur, the landowner or his authorized representative shall re -bury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance: A. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. B. The descendant identified fails to make a recommendation; or C. The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native 33 American Heritage Commission fails to provide measures acceptable to the landowner. Mitigation Measures Added IzITiL- Mitigation Measures Not Included None. Effects Not Mitigated to a Level of Insignificance None. NOISE Significant Impacts The following is a summary of significant effects to noise. No significant noise impact has been identified for either the 356 DU project design and/or the High School/193 DU project design. Therefore, no mitigation measures were recommended in the EIR and Findings for this topical area are not required. Findings None required. Mitigation Measures None. Mitigation Measures Added None. Mitigation Measures Not Included None. Effects Not Mitiaated to a Level of Insignificance None. 34 RESOLUTION EXHIBIT B: MITIGATION MONITORING PROGRAM 0 O w a Z Q' a W w ca CD Z N w 0 z O Z 0,^ V U) W Q U) w N J J_ V Z w W a N i C O cc a� cc w� m CC G E C m IL •o v v m m' m a m �a -a a) 06 ad� 4)g CL)o in C p O) N C O C O) d C p D) d w p m W n w 0 L � m m c m 0 c o O ca O o O w-, m a) as yah, �a •p D) •p tm c O C . O 01 C O O O L O a`o) a`�'aN am v 5. O ii 0A Y m Y O V U LL'...0- U C C O m U UpN L U m c c a m m c m m IL N a5c a w C m C C C N m O N d N L C C 3 O r C n XF«O N V N wm� .2G N > ) m pa mmm p m� c E dwa �C0'a0v'GON .@n maLc n O = 0 CL a) NwO ' O w C C O] d C d C 'v � N d N ^� N c �' y m N C 01 d U v c E d v c�vE N O O '0 Co Co c N op: r- (D E di= 0 N d N o c 3 m o N C �- CO C y) dj Co N N N ctl 'a om N G) V> N N r- > cism ��-'-0)p a�m C�NOC �n«CCL:��O dw "O C G C N m _O m O 0) E m a C c Q D) m- U >. 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C vU m -O >, m 3 C 2 NN (06 o C a � O o u7) f0 N O Y m C m m o L (Uj N C C w O > m N : Ea O OC a) 4) CCma O C -L E o C M U N CL N O L @ a r C ON �UUp 3 C 'oO L N N O N D E o m U - m a o o m O Z 0).E- a a m 10N Y m E c o CDC N w N y - > m L o c "0 O N v'o - c .o E N U a E m H da ER aod0d N `O•� t V C O C t4Ec°Na L O m E Q o E O m U m Od U L O)m cq a) v m= d O > 'm0 •C N m C U E d O N a N C N dd a 3 w a > O t O N l0 O C I- �L..Z `o.m U R RESOLUTION EXHIBIT C: STATEMENT OF OVERRIDING CONSIDERATIONS STATEMENT OF OVERRIDING CONSIDERATIONS WHISPERING HILLS ESTATES REVISED & RECIRCULATED ENVIRONMENTAL IMPACT REPORT A. UNAVOIDABLE IMPACTS IDENTIFIED IN EIR The High School/193 unit Alternative is to be reduced to 175 dwelling units will still have a significant unavoidable cumulative impact in the area of air quality, as described in detail in the Statement of Findings and Facts. The EIR has identified all feasible mitigation measures with respect to the above impact. Although these mitigation measures may substantially lessen this significant impact, adoption of the measures will not fully avoid the impacts. As a result, to approve the project, the City must make a statement of overriding considerations pursuant to State 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 judgement, the project's benefits outweigh the unavoidable significant effects. CEQA does not require lead agencies to analyze beneficial impacts in an EIR. Rather, EIR's are to focus on potential significant effects on the environment, defined to be adverse (Public Resources Code, Section 21068). However, these benefits can be cited, if necessary, in a statement of overriding considerations (CEQA Guidelines, Section 15093). B. IDENTIFIED PUBLIC BENEFITS The City, in its review and consideration of the proposed Whispering Hills Estates project, and in consideration of the significant unavoidable cumulative impact in the area of air quality, hereby finds that the following public benefits of the High School Alternative override the above -referenced Unavoidable Adverse Impacts: 44. The High School Alternative will contribute housing in the City of San Juan Capistrano by the provision of additional residential units. The provision of additional housing is a public benefit of the project. With regard to affordable housing opportunities, the project will be subject to payment of a Housing In - Lieu fee based upon one percent of the project's building permit valuations (if affordable housing units are not provided on site or provided by the developer in another location in the City). The project will provide housing opportunities that meet the objectives and policies the City's General Plan Housing Element and SCAG's Regional Housing Needs Assessment. 2. The High School Alternative will provide a location for a high school in the City and provide for single family residential development. No public high school is located within the City of San Juan Capistrano. The Capistrano Unified School District (CUSD) services ±46,000 students, of which more than 11,000 are of high school level throughout the five existing high school campuses. The CUSD is one of the largest school districts in the state, the largest geographically in Orange County and one of the fastest growing districts in the state. There are five existing high schools (Capistrano Valley, Dana Hills, San Clemente, Aliso Niguel and Tesoro) in the District to serve the entire CUSD. Although, a new high school, Tesoro High School was opened in September 2001, the CUSD has indicated that overcrowding still persists as a problem for the foreseeable future, both at the high school and at other levels (Letter from CUSD dated August 27, 2001 and Final EIR for Chiquita Canyon (Tesoro) High School 1996) and that a sixth high school is needed to serve the student population). Therefore, the project will provide school facilities for existing and projected student population of the CUSD and the City of San Juan Capistrano. The High School Alternative provides for an effective solution to critical high school overcrowding issue (Letterfrom CUSD dated January 18, 2002). 3. The High School will serve the emerging student population from residents within the City of San Juan Capistrano and surrounding areas. A total of 1,600 students from the City of San Juan Capistrano are projected to attend the high school in 2005 which represents approximately 73% of the high school's capacity (Letter from CUSD dated January 18, 2002). 4. The High School Alternative will provide for a public high school in the City of San Juan Capistrano, advancing the City's General Plan Public Services & Utilities Element Goal 3 and Policy 3.2, which identifies that the City work effectively with the CUSD to provide sufficient level of public education including a future high school. 5. Approximately 190 permanent teacher, administrator, and service jobs will be created by the High School. The High School Alternative will also encourage temporary economic growth during the construction phase of the project. 6. The High School will provide an opportunity between the City and CUSD for joint -use of facilities such as athletic fields, stadium, theater, and swimming pool facility. 7. An extensive trail system has been planned for by the City's General Plan including General Plan Trails, Feeder Trails, and Bicycle Routes. The project provides for hiking and equestrian trails to be implemented per the City's Master Plan of Trails.