Resolution Number 99-2-16-1029
RESOLUTION NO. 99-2-16-1
CONFIRMING MITIGATED NEGATIVE DECLARATION -
SILVERADO SENIOR LIVING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION ASSOCIATED WITH THE CONSTRUCTION OF AN
ALZHEIMER'S CARE FACILITY LOCATED AT ASSESSOR'S PARCEL
NUMBER 121-070-08 - SOUTHWEST CORNER OF CAMINO CAPISTRANO
AND JUNIPERO SERRA ROAD (SILVERADO SENIOR LIVING)
WHEREAS, Mr. Loren Shook, as an agent for Silverado Senior Living, is owner of
real property described as Assessor's Parcel Number 121-070-08, located at the southwest comer
of Camino Capistrano and Junipero Serra Road, San Juan Capistrano; and,
WHEREAS, the applicant, on behalf of Silverado Senior Living, 11 Mareblu, Suite
200, Aliso Viejo, California 92656, has requested approval of a Rezone, Conditional Use Permit,
and Architectural Control to construct a 38,000 -square -foot Alzheimer's care facility on this
property; and,
WHEREAS, in accordance with the California Environmental Quality Act of 1970
(CEQA), the Environmental Administrator considered the project on December 22, 1998, and
determined that the project, if mitigated, would not have a significant impact on the environment and
thereby issued a Mitigated Negative Declaration; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Municipal Code, and reviewed for compliance with the City's General
Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, a public hearing notice was mailed to property owners within 300 feet
of the site, the site was posted, and the Planning Commission held a duly -noticed public hearing on
January 26, 1999, to receive public comments; and,
WHEREAS, the Planning Commission, at a duly -noticed public hearing held on
January 26, 1999, did forward the proposed rezone and shared driveway concept to the City Council
for their approval; and ,
WHEREAS, a public hearing notice was mailed to property owners within 300 feet
of the site, the site was posted, and the City Council held a duly -noticed public hearing on
February 16, 1999, to receive public comments.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby find that:
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1. The mitigation measures contained in the Mitigated Negative Declaration, as
issued by the City's Environmental Administrator, will reduce potentially significant environmental
impacts to a level of insignificance.
BE IT FURTHER RESOLVED, that the City Council confirms a Mitigated
Negative Declaration for Rezone 98-3, Conditional Use Permit 98-9, Architectural Control 98-7 for
a 38,000 -square -foot Alzheimer's care facility proposed for a parcel of land located at Assessor's
Parcel Number 121-070-08 subject to the following mitigation measures:
WATER:
Mitigation Measure #1: The proposed storm water drainage system design shall
comply with the City's adopted "storm water managementregulations and policies" and be subject
to review and approval by the City Engineer or his designee.
TRANSPORTATION:
Mitigation Measure 42: Prior to the issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review and obtain approval
for, a Traffic Feasibility Study, prepared by a Registered Traffic Engineer, which evaluates the
proposed development project and mitigates its anticipated traffic impact. In compliance with the
Master Plan of Arterial Highways, any off-site improvement mitigation along the frontage of the
project shall be borne by this development. Said study shall be consistent with the City's Master
Plan of Streets and Highways Standards, the Traffic Demand Management Ordinance and
Administrative Policy 311 (Preparation of and use of Traffic Studies).
BIOLOGICAL RESOURCES:
Mitigation Measure #3: Prior to issuance of any grading permit, the project shall
retain a qualified wildlife biologist to conduct a field survey of the project site to determine the
existence of either vernal pools or related associations and/or associated endangered species, using
protocols established by the Natural Communities Conservation Program. In the event the field
survey would determine the existence on-site of either vernal pools or related associations and/or the
presence of endangered species, then prior to grading permit issuance, the project shall pay any
mitigation fees as required by the Natural Communities Conservation Program and provide written
evidence of such payment to the City.
NOISE:
Mitigation Measure 44: Prior to issuance of a building permit the applicant shall
submit an acoustical analysis which demonstrates compliance with the interior noise standards
(Section 9-3.615[c]) of the Municipal Code.
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AESTHETICS:
Mitigation Measure #5: Prior to issuance of a Certificate of Occupancy the City shall
perform a post -installation review of the parking and site lighting to determine if the lighting results
in significant off-site aesthetic impacts. In the event that the site lighting does result in off-site
aesthetic impacts, the applicant shall remedy these impacts. Remedies may include the use of
opaque shields, relocation of lights, change in lamp wattage, or other means as appropriate.
CULTURAL RESOURCES:
Mitigation Measure #6: Prior to issuance of grading permit, the applicant will retain
the services of a Society of Professional Archeologists -certified archeologist who will monitor all
grading and excavation for potential impacts on cultural resources including archeological,
paleontological, and historic resources. The applicant will provide an executed contract for services
with a Society of Professional Archeologists -certified archeologist including a scope -of -work which
provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation;
and the preparation of a technical memoranda or report. In the event cultural resources are
encountered during grading, the monitor may cease grading operations, consistent with City Council
policy, to allow for the assessment, recovery, and/or evaluation of any cultural resources.
PASSED, APPROVED, AND ADOPTED this 16th day of
February .1999.
ATTEST:
CITY CLE T
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
99-2-16-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of February 1999, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)CHERYL JO SO , CITY CLERK
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