Resolution Number 04-08-31-02 RESOLUTION NO. 04-08-31-0 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO UPHOLDING THE APPEAL AND REVERSING THE
PLANNING COMMISSION ACTION AND CONDITIONALLY APPROVING
ARCHITECTURAL CONTROL (AC) 02-07 FOR EXPANSION OF AN
EXISTING PRIVATE HIGH SCHOOL BY DEVELOPING RECREATIONAL
AND ATHLETIC FACILITIES ON APPROXIMATELY 29.2 ACRES OF LAND
LOCATED AT THE SOUTHEAST CORNER OF CAMINO CAPISTRANO
AND JUNIPERO SERRA ROAD (J.SERRA HIGH SCHOOL SOUTH
CAMPUS - APN 649-011-30, 649-011-25)
WHEREAS, on February 26, 2003 Pueblo Serra Inc. submitted an application for an
Architectural Control (AC) approval to permit development of recreational and athletic
facilities on approximately 29.2 acres of land located at the southeast corner of Camino
Capistrano and Junipero Serra Road, in order to support and expand an existing private
high school known as J Serra High School (located on approximately 9 acres of land at the
northeast corner of Junipero Serra Road and Camino Capistrano); and,
WHEREAS,the proposed project includes development of a gymnasium; swimming
pool; baseball, soccer and softball fields; volleyball, basketball and tennis courts; a
football/track/soccer field; parking; pedestrian bridge linking the two portions of the campus;
and a performing arts center; and
WHEREAS, on May 19, 2003 the City Council adopted Ordinance No. 879 that
established the JSerra Education Initiative, said Initiative established the Zoning for the
property as Public and Institutional (P&I) and further provided that the future use of the
property is for the "development, construction and operation of a public or private school'
and including the "development, construction and operation of any accessory facilities,
gymnasium facilities and recreational halls"; and
WHEREAS, the proposed project has been processed pursuant to Chapter 9-2,
Article 3 of Title 9 of the San Juan Capistrano Municipal Code; and,
WHEREAS, on July 28, 2003 the Environmental Administrator required preparation
of an Environmental Impact Report (EIR) pursuant to Section 15081 of the CEQA
Guidelines and issued the Notice of Preparation (NOP) pursuant to Section 15082 of those
guidelines, and on December 17, 2003 the NOP was re-circulated to clarify the project
description and subsequently the Environmental Administrator oversaw the preparation of
the draft environmental impact report (DEIR) pursuant to Section 15084 of those
Guidelines, and on March 22, 2003 issued a Notice of Completion(NOC) pursuant to
Section 15085 of those Guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA) and mitigation measures
have been included in this approving resolution as conditions of approval; and,
1 08-31-2004
WHEREAS, the Parks, Recreation, & Equestrian Commission conducted duly-noticed —
public meetings on May 17, 2004 and June 21, 2004 on the proposed project and
recommended construction of Class 1 and Class 2 bike lanes on Camino Capistrano along
the project frontage and that a joint use agreement between the applicant and the City be
executed to allow for shared use of sports facilities on the site, and further recommended
that said joint use agreement and trail plan be returned to the Parks Recreation and
Equestrian Commission for review prior to final approval; and
WHEREAS,the Transportation Commission conducted a duly-noticed public meeting on
June 2, 2004 on the proposed project and voted to forward the project to the Planning
Commission recommending that the applicant submit a trip reduction program for
consideration by the Planning Commission and that the applicant contribute towards
regional traffic improvements; and
WHEREAS, the Cultural Heritage Commission conducted duly-noticed public
meetings on May 25, 2004, and June 7, 2004 on the proposed project and voted to forward
the project to the Planning Commission with a recommendation to include a mitigation measure
in the project EIR requiring provision of an approximately 100 sq. ft. historic monumentation
area in a publicly accessible location; and
WHEREAS, the Design Review Committee (DRC) conducted duly-noticed public
meetings on April 15, 2004, May 6, 2004 and June 17, 2004 on the proposed project and
voted to forward the project to the Planning Commission for consideration of the site plan
design, and further recommended that detailed design plans for building architecture,
landscaping, lighting, and other design features be submitted to the DRC for review prior to
final approval; and
WHEREAS, the Planning Commission conducted duly-noticed public meetings on
July 13, 2004, July 27, 2004, and August 10, 2004 on the proposed project and has
considered all relevant public testimony, written comments, the EIR, and written and oral
staff reports. At the meeting of August 10, 2004, the Planning Commission took action to
deny the Architectural Control; and
WHEREAS, on August 11, 2004, an appeal was received from the applicant seeking
to overturn the Planning Commission action, said appeal being duly completed and
processed in accordance with Municipal Code Section 9-2.311; and
WHEREAS,the City Council conducted a duly-noticed meeting on August 31, 2004
on the appeal and the proposed project and has considered all relevant public testimony
written comments, the EIR, and written and oral staff reports.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The final EIR for JSerra High School (South campus) was completed in
compliance with CEQA and fully analyzes environmental impacts associated
2 08-31-2004
with Architectural Control (AC)02-07. The EIR was presented, reviewed and
considered by the City Council and reflects the City Council's independent
judgment. The final EIR contains mitigation measures to eliminate and/or
substantially lessen all significant effects on the environment and any
remaining significant effects on the environment found to be unavoidable
under CEQA Section 15091 are acceptable due to overriding considerations
adopted as part of Resolution 04-08-31-X, certifying the EIR for J.Serra High
School (South Campus), and a copy of said Resolution is hereby expressly
incorporated by reference as if set out in full; and,
2. The project plans, as conditioned, will comply with all applicable sections of
Title 9 of the San Juan Capistrano Municipal Code, including zoning, parking,
lighting, setbacks, noise, and building height, because the high school use is
permitted by the Public/Institutional zone district; a Parking Management Plan
has been required to provide for shared use of parking spaces by various
uses on the site and to ensure that parking is monitored and enforced;
conditions have been added requiring reduction of lighting adjacent to
residential uses, establishing hours for lighting, and maximum illumination
levels; conditions have been added to control noise from amplified address
systems, and to relocate basketball courts away from residential properties;
and building heights are required not to exceed 35 feet except as otherwise
approved by the Planning Commission pursuant to a development
agreement.
3. The architectural and general design of the project, as conditioned, is
generally consistent with the goals, policies and objectives of the Community
Design Element and all other applicable provisions of the General Plan,
because the high school use is consistent with the Land Use designation of
Public Institutional; the architectural design components of the project, as
conditioned, are hereby expressly incorporated by reference as if set out in
full; the project will construct circulation improvements and contribute towards
off-site traffic mitigation in conformance with the Circulation Element;
conditions of approval require construction techniques to provide for public
safety; noise has been addressed through project design and conditions of
approval; the project incorporates design features consistent with the Cultural
Resources Element by preserving known resources in place and depicting
historical and cultural features; and design of future buildings will be reviewed
for consistency with the Community Design Element.
4. The site plan, as conditioned, is compatible with surrounding existing and
proposed land uses because the use is consistent with the school uses to the
north and west, and landscaping, walls and setbacks have been required to
buffer the athletic uses from residential properties to the south and east.
5. As conditioned, the general design considerations, including the character,
scale and quality of the design, will be generally consistent with applicable
3 08-31-2004
citywide design guidelines because the majority of the site will be used for —
active recreational open space, and the gymnasium and performing arts
buildings will be reviewed by the Design Review Committee and approved by
the Planning Commission in order to ensure their conformance with City
design guidelines.
6. The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian
circulation, because the project includes a trail connection along Camino
Capistrano, and walkways and sidewalks will link all areas of the site together
with the North Campus portion of the high school and adjacent roadways. A
footbridge has been proposed over Junipero Serra Road to facilitate safe
passage of pedestrians without impeding vehicular traffic. Off-site traffic
mitigations have been required to ensure that the morning peak vehicle trips
will not have an adverse impact on the City's street system. Additional
conditions have been added to require provision of crosswalks and bicycle
racks.
7. The general landscape design, including the location, type, size, color,
texture and coverage of plant materials has been considered to insure visual
relief to complement buildings and structures, because the preliminary
landscape plan indicates landscaped setbacks, seating areas, courtyards and
pathways throughout the site, as well as adjacent to proposed buildings, and
the final landscape plans will be subject to further review and approval by the
Design Review Committee and Planning Commission.
8. In reversing the Planning Commission action, the City Council determines
that the project will not be an overly intense use with the inclusion of the
Performing Arts Center in that:
a. The Performing Arts Center was included in the EIR evaluation and
the traffic analysis undertaken for the project, and will not in and of itself
substantially increase the morning peak hour traffic on surrounding
streets and intersections or cause other adverse impacts as determined
in the EIR;
b. The use is permitted by the Zone District within which it is proposed,
and is consistent with the floor area ratio of the Zone;
C. The building is set back in excess of the setback requirements of the
Zone District and is located a distance of 150 feet from the nearest
residential use;
d. The uses within the Center will be fully enclosed within the structure of _
the building and there will be no external noise sources associated with
the use; and
4 08-31-2004
e. Any proposed height exception for the building will be reviewed by the
Planning Commission on its own merit.
NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City
of San Juan Capistrano hereby upholds the appeal, reverses the Planning Commission
action and approves Architectural Control (AC) 04-08, based upon the findings set forth
herein and subject to the Conditions of Approval contained in Attachment 1of this
resolution, and adopts the Mitigation Monitoring Program for this project contained in
Attachment 2 of this resolution, both of which attachments are hereby expressly
incorporated by reference as if set out in full herein.
PASSED, APPROVED, AND E is 3 t y of August 2004.
JOE S TO, MAY R
ATTEST:--�;4 hj!L�j
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M G RET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-08-31-02 was duly adopted by the City
Council of the City of San Juan Capistrano at an adjourned regular meeting thereof, held the
315`day of August 2004, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Hart & Mayor Soto
NOES: COUNCIL MEMBERS: Bathgate
ABSTAIN: COUNCIL EMBERS: None
M RG RET R. MONAHAN, City Clerk
5 08-31-2004
AC 02-07: JSerra High Schoc,. Conditions of Approval
Page 1 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
August 31, 2004
ATTACHMENT1
TO CITY COUNCIL RESOLUTION NO. 04-08-31-02
CONDITIONS OF APPROVAL FOR
ARCHITECTURAL CONTROL (AC) 02-07
JSERRA HIGH SCHOOL SOUTH CAMPUS
General Conditions:
1. Development of the project site shall be substantially in conformance with the
plans as approved by the City Council on August 31, 2004. Minor
modifications that are determined by Planning Director to be substantially in
compliance with the original plans and that do not intensify or change the use
or require any deviations from adopted standards, may be approved by the
Planning Director. No change of use or establishment of additional uses,
beyond uses that are typically provided at a private high school shall be
permitted. However, ancillary uses conducted by the school as an accessory
use, such as but not limited to assembly, religious services, camps,
conference or meeting facility uses, may be operated on the site without
review and approval by the City, provided that such uses are conducted in
accordance with these conditions and applicable regulations. (PLN)
2. Approval of this application does not relieve the applicant from complying
with other applicable federal, state, County of Orange or City regulations or
requirements. (PLN)
3. The applicant, its agents, and assignees'shall defend, indemnify, and hold
harmless the City of San Juan Capistrano, its elected and appointed officials
and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, or void or annul any land use approval
associated with this project, including but not limited to environmental impact
report requirements under Municipal Code Title 9 land use approvals. Upon
notice provided by the City to the applicant, its agents, or assignees, of
service of process of such claims or actions, the project proponent, it agents,
and assignees, shall immediately act to provide an appropriate defense to
such claims or actions. (PLN)
4. Approval of this project shall not be effective until the effective date of
Ordinance No. 897, approving the JSerra High School Development
Agreement. (PLN)
5. The applicant or his/her successors in ownership, shall be responsible for
informing all subcontractors, consultants, engineers, other business entities
providing services related to the project, or any subsequent owner should the
project be sold, of their responsibilities to comply with these conditions and
AC 02-07: JSerra High Schoc,. Conditions of Approval
Page 2 of 29 Date of Approval.-8/31/04
Effective Date: 10/8/04
all pertinent requirements in the San Juan Capistrano Municipal Code,
including, but not limited to, the requirements for all contractors to obtain a
City business license, and for approval by the Planning Department of a
Temporary Use Permit for construction trailers and staging areas. (PLN)
6. The applicant shall pay all fees at the time fees are determined payable,
including any required supplemental plan check fees due to plan revisions,
and comply with all requirements of the applicable federal, state, County of
Orange, City and other local agencies. (PLN)
7. If there are any disparities between these conditions and the plans or final
revised plans that are approved for any phase, the conditions as stipulated in
the later approval shall prevail.
8. The applicant or his/her successors in ownership, shall be responsible for the
on-going maintenance and upkeep of the developed and undeveloped
portions of the site, in accordance with the City Municipal Code. (PLN)
Planning Conditions:
9. Revised Plans. Prior to issuance of any applicable permit as specified below,
the applicant shall submit the following plans for review and approval by the
City as specified herein. All plans shall be consistent with one another, with
these conditions of approval, and with the City's Design Guidelines. Twenty
(20) copies of each plan are required, except as otherwise authorized by the
Planning Director.
a. The final site plan and architectural site plan shall be submitted to'the
Planning Director for review and approval prior to issuance of any
grading permits, and shall reflect these conditions and mitigation
measures, and shall also incorporate the following:
(1) The site plan shall show a total number of parking spaces that
result in a total of no less than 819 parking spaces on both the
North and South Campuses as reflected in the Final EIR;
(2) A setback of no less than twenty (20) feet between any portion
of the tennis or basketball courts, including seating areas
associated with those uses, and adjacent residential properties;
(3) A landscaped setback from the property lines along Camino
Capistrano and Junipero Serra Road of an average of twenty-
five (25) feet, but in no case less than fifteen (15) feet, for any
structures and equipment, including field fencing and bleachers
(excluding the footbridge);
(4) No illumination of play fields or play courts that are located
adjacent to residential properties or as designated on the site
plan approved by the City;
AC 02-07:JSerra High Scha.. Conditions of Approval
Page 3 of 29 Date of ApprovaL•8/31/04
Effective Date: 10/8/04
(5) The final design and alignment of all trails and bikeways;
(6) Location of all trash enclosures, including details showing the
enclosure and access to the trash bins by trash trucks, and
location of and details for any maintenance building or storage
areas; and
(7) Vehicle turnouts on internal driveways for student drop-off
areas and bus parking.
b. Prior to issuance of the first building permit, building elevations, floor
plans, roof plans, and color and materials boards for all structures to
be constructed in the first phase, which shall demonstrate that no
building will exceed 35 feet in height, shall be submitted to the
Planning Director for review by the Design Review Committee.
C. Prior to the issuance of the building permit for the bridge, detailed
design plans for the footbridge and accessory structures shall be
submitted to the Planning Director for review by the Design Review
Committee. Footbridge design shall incorporate natural materials such
as wood and/or stone.
d. Prior to the issuance of any grading permit, conceptual landscaping
plans for the entire site shall be submitted to the Planning Director for
review by the Design Review Committee demonstrating use of
drought resistant landscaping and drip irrigation systems and which
reflect the natural look of the City's northwest open space area. Final
landscaping plans shall be prepared and submitted prior to issuance
of the first building permit. Landscape plans shall show locations and -
details for walls, fences, retaining walls, backstops, "green walls", and
fencing for play fields and play courts; any chain link fencing shall be
coated with a brown or black finish, except as otherwise approved.
Landscape plans shall also show all benches, outdoor seating areas,
trash and recycling receptacles, and other street furniture; bicycle
racks; cultural and historical exhibits and monuments; decorative
paving and hardscape; pedestrian walkways; trails; locations of utility
equipment, backflow devices and utility vaults and pedestals, and
landscape screening of these devices; trash/recycling enclosures and
landscape screening. Shade trees shall be included in parking areas
at a ratio of no less than one (1) tree per six (6) parking spaces.
Trash/recycling enclosures shall be provided with a solid roof and
designed per City standard.
e. Prior to issuance of any grading permits, grading plan for the entire
site, including sections and elevation views for any retaining walls over
six (6) feet in height, drainage structures, and any utility lines
proposed to be modified or affected by the project shall be submitted
to the Planning Director for review by the Design Review Committee.
AC 02-07: JSerra High Schoi. Conditions of Approval
Page 4 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
The grading plan may show phased grading of the site, which may be
approved by the City in areas which are not subject to wetlands permit
requirements, provided that all other requirements prior to grading
have been met. The grading plan details shall be provided for street
sections showing locations of Class 1 and 2 trails.
f. Prior to issuance of any grading permits, the applicant shall submit to
the Planning Director for review by the Design Review Committee a
photometric plan for the entire site, demonstrating compliance with
lighting mitigation measures, and showing locations and designs for all
proposed lighting fixtures, including building-mounted lights;
decorative up-lighting for signs, buildings, and landscaping; lighting of
walkways and the footbridge; court and field lights; and parking lot
lights. Plans shall include a legend indicating what numbers and
symbols on the plans signify.
g. Prior to issuance of the first building permit, the applicant shall submit
to the Planning Director for review by the Design Review Committee a
sign plan, including identification signs and traffic directional signs to
implement the parking management plan and drop-off areas. Any
proposed monument signs shall be reviewed by the Planning
Commission.
h. Prior to issuance of grading permit, the applicant shall submit to the
Planning Director for review and approval the location and conceptual
design of athletic field seating.
i. Prior to issuance of a building permit for the sports plaza building, a
detailed plan for this building shall be submitted to the Planning
Director for review by the Design Review Committee, which shall
include information on any snack concessions, seating, trash
management and recycling facilities. If the facility is to include the
maintenance building/facilities, the detailed plan of that use shall be
included. If food service is included, review and approval by the
County Health Agency will be required.
j. The final plans shall be revised to eliminate the retractable netting
along the south and southeast property lines. Should the applicant
determine in the future to install such netting or similar structure, either
a new Architectural Control or Architectural Control Modification shall
be processed, subject to determination by the Planning Director. The
new application shall be subject to public notice to surrounding
property owners, and shall also be subject to full environmental
evaluation, determination and processing in accordance with CEQA
and the City's Environmental Guidelines.
AC 02-07: JSerra High Schoc.. Conditions of Approval
Page 5 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
k. Prior to the issuance of any building permit, a revised plan for the
perimeter masonry wall to be constructed along or in the vicinity of the
property boundary adjacent to the Casitas Capistrano residential tract
shall be submitted to the Planning Director for review and approval.
The wall shall be a minimum height of six (6) feet and a maximum
height of eight (8) feet as needed to provide an adequate visual buffer
and sound attenuation to mitigate field noise impacts to adjacent
residences. Alternative materials (such as plexiglass) may be used
for the entire wall or portions of the wall, providing a statement is
included on or with the revised plan, signed by a registered acoustical
engineer, stating that the alternative material provides the same level
of noise attenuation as masonry material.
10. Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, thirteen copies of the previously-approved conceptual
historic depiction program and historical/cultural monumentation plan,
including wording on all monumentation, shall be submitted to the Historic
Preservation Manager for review and final approval b the Cultural Heritage
9 pp Y 9
Commission. Prior to issuance of any Certificate of Occupancy, the HDP
must be installed and inspected by the Building Department for compliance
with the approved design.
11. Final Trails Plan. Prior to issuance of any grading permits, the final trail plan
showing location and alignment of bikeways shall be submitted to the Parks,
Recreation and Equestrian Commission for review.
12. Performing Arts Center. Prior to issuance of any permits for the performing
arts center, the applicant shall submit for review by the Design Review
Committee and approval by the Planning Commission a site plan for the
portion of the site containing the proposed facility and surrounding area to a
distance of no less than 30 feet ("building envelope"); building elevations,
floor plans, roof plans, and color and materials boards for the building, which
shall demonstrate that the building will not exceed 35 feet in height (except
as provided in the Development Agreement); landscaping plan for the
building envelope; pedestrian walkway connections from the building to the
remainder of the site; lighting and photometric plans within the building
envelope; walls and fences, and information on finished grades in the
building envelope. Additional studies may be required for traffic and parking,
if it is determined by the City Engineer that parking problems and/or traffic
congestion from the school may reach unacceptable levels of service when
the Performing Arts Center is constructed. No building permit for this
structure shall be issued sooner than two (2) years after the effective date of
this approval.
13. Swimming Pool. Prior to issuance of any permits for the swimming pool, the
applicant shall submit for review by the Design Review Committee and
AC 02-07: JSerra High Schor. Conditions of Approval
Page 6 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
approval by the Planning Commission a site plan for the portion of the site
containing the proposed facility and surrounding area to a distance of no less
than 30 feet ("building envelope'); landscaping plan for the building envelope;
pedestrian walkway connections from the pool area to the remainder of the
site; lighting and photometric plans within the building envelope; walls and
fences, and information on finished grades in the building envelope.
14. Outdoor Lighting. Outdoor lighting for play courts, play fields, and parking lots
shall be turned off no later than 10:00 p.m. from Sunday through Thursday,
and no later than 11:00 p.m. on Friday and Saturday, except as otherwise
permitted by a Special Event Permit.
15. Public Address Systems. Noise levels from outdoor public address systems
shall not exceed 65 dba, as measured at the east and south property lines,
and outdoor public address systems shall not be used after 10:00 p.m.,
except as otherwise permitted by a Special Event Permit.
Engineering Conditions:
16. Pay Fees and Securities. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall fulfill all applicable fee requirements
in accordance with the City Municipal Code and shall post securities for all
on-site, off-site and frontage improvements to insure satisfaction of
performance, except as modified by the Development Agreement. Security
may be reduced upon partial completion of public improvements to the
satisfaction of City Engineer. (ENG)
17. Storm Runoff, Hydraulic/Hydrology Calculations. Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for a Storm Runoff study,
prepared by a Registered Civil Engineer, showing existing and proposed
facilities, hydraulic and hydrologic calculations and the methods of draining
on-site and tributary areas without exceeding the capacity of any affected
street, facility or natural swale. Said study shall be consistent with the City's
Master Drainage Plan in accordance with all applicable City regulations,
OCPF&RD design criteria, and standards. (ENG)
18. Soils/Geology Report. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer and
Building Official for their review and obtain approval for a Soils
Report/Geotechnical Feasibility Study, prepared by a Registered Geologist
and/or Soils Engineer, to determine the seismic safety and soils stability of all
proposed grading and development improvements within the project as well
as any affected adjacent property. The Report shall also indicate preliminary
pavement sections and substructure bedding/backfill recommendations for
the driveway and parking lot areas. (ENG)
AC 02-07: JSerra High Schoc,. Conditions of Approval
Page 7 of 29 Date of Approval.8131104
Effective Date: 10/8/04
19. Grading Plans. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer and Building Official
for their review and obtain approval for Grading Plans prepared by a
Registered Civil Engineer. These plans shall show the limits of grading,
existing overhead utility poles to be removed and undergrounded at
applicant's cost, drainage, sewer, water and driveways. The extent of the
topography shall be extended enough to determine the drainage impacts to
adjacent properties. The elevations shall correspond with the Orange County
benchmark datum. Unless determined otherwise by the City Engineer, runoff
must be filtered with Best Management Practices (BMP's) methods then
conveyed to the street or to a City approved drainage facility. (ENG)
20. Erosion and Sediment Control. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for
review and shall obtain approval for Erosion and Sediment Control Plans,
prepared by a Registered Civil Engineer. These plans shall show all
temporary and/or permanent erosion and sediment control measures in
accordance with the National Pollutant Discharge Elimination System
NPDES Permit. (ENG)
21. Water Quality Best Management Practices. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall demonstrate to the
satisfaction of the City Engineer and Building Official that all water quality
best management practices incorporated into the development of this project
shall be designed in accordance with the National Pollutant Discharge
Elimination System (NPDES) standards, and the requirements of Sections
F.1.b(2)(b) and F.1.b(2)(c) of the San Diego Regional Water Quality Control
Board Order No. R9-2002-0001 and the City's water quality ordinance and
Local Implementation Plan. (ENG)
22. Frontage and Off-site Improvement Plans. Prior to issuance of applicable
right-of-way improvement permits, the applicant shall submit to the City
Engineer, for review and shall obtain approval for, Street Frontage and Off-
site Improvement Plans along the entire property frontage on Camino
Capistrano and Junipero Serra Road and at 1-5 and Junipero Serra Road,
prepared by a Registered Civil Engineer. These plans shall show all existing
and proposed improvements including, but not limited to sidewalk, curb and
gutter, handicapped ramp, striping, signage, traffic signalization, street lights,
storm drain, sewer and all related appurtenances. Any encroachment into
adjoining properties shall require applicant to provide, in writing, all
necessary recorded easement documentation and authorization from said
affected property owners. These plans shall be in compliance with the Master
Plan of Arterial Highways and consistent with the City's Master Plan of
Streets and Highways Standards and shall also provide additional right-of
way and roadway width on the following roadways:
AC 02-07: JSerra High Schoo. Conditions of Approval
Page 8 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
a.) Camino Capistrano:
1. Class 2 bikeways on the west and east sides of Camino
Capistrano from Junipero Serra Road to Oso Road;
2. Extended southbound right-turn lane at Oso Road/Project
driveway;
3. Approximately 160-foot northbound right-turn lane and a 120-foot
taper at Oso Road/Project driveway (final dimensions to be
approved by the City Engineer);
4. A minimum 8-foot wide sidewalk and 5-foot wide landscaped area
adjacent to curb along the east side of Camino Capistrano. The
landscaped area shall be planted with trees with spacing and tree
species to be compatible with existing street trees on the west side
of Camino Capistrano. All street trees shall be installed with root
barriers to the approval of City Engineer.
b.) Junipero Serra Road: Widen street to 84 feet, curb to curb, across the
property frontage (with a taper at the drive entrance as approved by
the City Engineer), in accordance with the Orange County Master Plan
of Arterial Highways (MPAH).
Said plans shall show all existing and proposed improvements, including but
not limited to the undergrounding of existing overhead utilities on Camino
Capistrano and Junipero Serra Road along the property frontages, curb and
gutter, sidewalk (any public sidewalk located outside public right-of way shall
be placed in public easement, dedicated to the City), right-of-way lines, new
driveways, with radii curbs and wheelchair ramps which meet ADA
requirement, proposed street lights (Mission Bell fixtures on marbelite poles),
sewer laterals and water service lines. (ENG)
23. Sewer. Water and 'Trash Enclosures. Prior to approval of on-site utility plans,
the applicant shall obtain approval of said plans by the City Engineer, and
shall obtain approval for a Site Plan prepared by a Registered Civil Engineer
showing the sewer and water service lines and their corresponding points of
connection with the City public main lines. The site plan shall include the
trash enclosure(s) that shall be covered with solid roof, its floor surface shall
be connected to the sewer system through an inlet in the center with a traffic
rated grate, a concrete apron shall be constructed in front of the trash
enclosure. The site plan shall be specific to the project which reflects
consistency with the City's Sewer and Water standards. (ENG)
24. Water Quality Requirements and Compliance. Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for a Water Quality
Management Plan (WQMP). The applicant shall obtain and follow the City of
San Juan Capistrano's WQMP outline and instructions. The applicant shall
AC 02-07: JSerra High Scho(,. Conditions of Approval
Page 9 of 29 Date of Approval:8MI04
Effective Date: 10/8/04
also comply with all the requirements of the latest NPDES Permit, the City's
Water Quality Ordinance and the Clean Water Act. (ENG)
25. Construction Mitigation Program. Prior to issuance of grading and right-of-
way improvement permits, the developer shall prepare and adhere to a
construction mitigation program, approved by the Planning Director and
Engineering and Building Director, containing the following controls and shall
post a $2,000 cash deposit with the City Engineering Department for
roadway cleaning purposes. Said deposit shall remain with the City for the
entire duration of the project's construction phase:
a.) Grading:
1. Haul route for the movement of on and off-site of heavy earth-
moving equipment;
2. Location of assembly and storage/service areas of heavy earth-
moving equipment and limits of hours of operation;
3. Worker controlled access to site, including hours of work, limits
on noise sources, and dust and soil import/export;
4. Compliance with environmental mitigation measures;
5. Construction Waste and Materials Management
b.) Enforcement:
1. The Planning Director and Engineering and Building Director
may modify the construction mitigation program standards if on-
site observations indicate that construction activities are
creating a nuisance to adjacent property developments;
2. The developer shall hire a project enforcement person
approved by the Engineering and Building Director to ensure
compliance with the Construction Mitigation Program;
3. If it is determined that the developer is in violation of the
approved construction mitigation program, the Planning
Director and/or the Engineering and Building Director are
authorized to shut down the project by reason of said violation.
(ENG/PLN)
26. Haul Route Plan. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for, a Haul Route
Plan for importation/exportation of soil in and out of the project site that is
specific to the project and in compliance with all applicable City standards.
(ENG)
27. Haul Route Permit. For importation/exportation of soil in and out of the
project site, prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit a permit application, provide security
deposit and obtain a Haul Route Permit from the Engineering Division which
will specify the dates and times and head ways for hauling activities. (ENG)
AC 02-07: JSerra High Schoo. Conditions of Approval
Page 10 of 29 Date of Approval.-8/31/04
Effective Date: 10/8/04
28. Dry Utilities. Prior to issuance of any right-of-way improvement permits, the
applicant shall submit to the City Engineer, for review and obtain approval for
improvement plans for any above-ground Electrical, Gas, Telephone and
Cable Television and appurtenant pedestals to ensure compatibility with
existing and proposed improvements. Any exception to, or deviation from this
condition shall be subject to review and approval by the City Engineer. (ENG)
29.* Traffic Circulation Impact Fees and Improvements.
A. Capistrano Circulation Fee Program (CCFP).
1. Fee Calculation - The applicant shall pay a CCFP fee or
construct CCFP street improvements based on the current fee
schedule and 2000 students. The applicant's obligation under
the CCFP program is calculated as follows:
2000 students x $520 per high school student = $1,040,000
Less off-set credit for Sycamore Commons = - $100,812
Total CCFP Fee = $939,188
2. Fee Phasing - The payment of the above CCFP fee may be
phased based on student enrollment, with the amounts and
enrollment triggers to be determined by the City Engineer,
except as otherwise specified in the Development Agreement,
3. Credit Against CCFP Fees - The improvement costs and
financial contributions specified in Table 1, following, shall be
credited against the CCFP fees due the City from the applicant
at the time of building permit issuance. No credit shall be given
which has the effect of reducing the CCFP fee amount for this
project (from the current fee schedule at the time of building
permit issuance) to less than zero. Prior to the applicant
commencing construction of any traffic improvements specified
herein, the applicant and City will enter into a reimbursement
agreement to provide for CCFP reimbursement payments and
fair share reimbursement payments to the applicant, which
reimbursement payments shall be payable in equal annual
installments over a fifteen (15) year period except as modified
by the Development Agreement. Reimbursement shall be
based upon the City's review of documentation of costs for
these improvements.
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra Nigh Schoc.. Conditions of Approval
Page 11 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
TABLE 1: APPLICANT OBLIGATIONS FOR CIRCULATION IMPROVEMENTS
CCFP Improvements to Be Constructed by Applicant
Value of
IMPROVEMENT Improvement in
TFI&C
Camino Capistrano & Junipero Serra Road: Add the
following:
a. 2n0 northbound through lane
(including an additional northbound lane north from
Junipero Serra Rd. to a new North Campus driveway ; $333,813
as approved by the City Engineer)
b. northbound right-turn lane
c. 2nd westbound left-tum lane
d. westbound right-turn lane into the new North Campus
driveway
_______-.,____________________________________l_--___A______-__J.__--_____-___
Camino Capistrano—Junipero Serra Road to Southerly
Property Line:
Widen to four-lane divided roadway with Class 2 598,631
bikeways on both sides between Junipero Serra
Road and Oso Road/Project Driveway
-----------r------�-_____-__-_____-----___
Junipero Serra Road - Camino Capistrano Along Property
Frontage: 270,253
Widen to 84-feet, curb-to-curb, 4-lane divided roadway ;
---------------------------------------------r------ ----------- - --
Subtotal: ; $_1_,2_0_2_,6_9_7,
B. Fair-Share Financial Contributions by Applicant.
The applicant's fair-share financial contribution for each required
circulation improvement not listed in the City's CCFP program, shall
be based on the project's proportionate traffic generation at each
improvement location per the traffic study prepared for the project
environmental impact report. If the applicant constructs a required
improvement, the cost of the improvement in excess of the "fair share"
payment for said improvement shall be reimbursed to the applicant
upon completion and acceptance of said improvement, as set forth in
a reimbursement agreement as described in Paragraph A.3 of this
condition, above. (ENG)
30.' Camino Capistrano & Junipero Serra Road. Prior to student enrollment
reaching 501 students or as specified in the Development Agreement, the
applicant shall improve the intersection of Camino Capistrano & Junipero
Serra Road by constructing an additional northbound through lane (this shall
include an additional northbound lane from its intersection with Junipero
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoc,. Conditions of Approval
Page 12 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
Serra Road, northerly to a distance of approximately 160 feet, to provide a
new entry only, no exit, driveway to align with the existing drive aisle in the
Sycamore Commons parking lot, the design of which shall be to the approval
of City Engineer), a northbound right-turn lane, an additional westbound left-
turn lane and a westbound right-turn lane, along with associated signal
modifications, grading and landscaping. The applicant shall construct said
improvements(s) and all related appurtenances in accordance with the
approved plans as outlined in Condition No. 22 (Frontage and Off-site
Improvement Plans). (ENG)
31.' Junipero Serra Road & Proiect Driveway. Prior to student enrollment
reaching 501 students or as specified in the Development Agreement, the
applicant shall improve the intersection of Junipero Serra Road & Project
Driveway by constructing a traffic signal and a westbound left-turn lane. The
engineering plans shall be designed to accommodate an eastbound left turn
lane. Dedication of all right-of-way to the City, as shown on the approved
improvement plans, is required, at no cost to the City, prior to completion and
acceptance of this improvement. The applicant shall construct said
improvements(s) and all related appurtenances in accordance with the
approved plans as outlined in Condition No. 22 (Frontage and Off-site
Improvement Plans). The applicant's obligation for this improvement is to
pay 100 percent of the cost, and no reimbursement will be provided. (ENG)
Junipero Serra Road from Camino Capistrano Along Proiect Frontage. Prior
to student enrollment reaching 501 students or as specified in the
Development Agreement, the applicant shall widen Junipero Serra Road
from Camino Capistrano across the project frontage to a four-lane divided
roadway with a taper to the existing roadway at the Ultramar Station, with
associated grading and landscaping. Dedication of all right-of-way to the City,
as shown on the approved improvement plans, is required, at no cost to the
City, prior to completion and acceptance of this improvement. The applicant
shall construct said improvements(s) and all related appurtenances in
accordance with the approved plans as outlined in Condition No. 22
(Frontage and Off-site Improvement Plans). (ENG)
33.* Camino Capistrano from Junipero Serra Road to Oso Road/Proiect
Driveway. Prior to student enrollment reaching 501 students or as specified
in the Development Agreement, the applicant shall widen to a four-lane
divided roadway with Class II bike lanes on each side of roadway including
all appurtenances and improvements associated with grading and
landscaping. Dedication of all right-of-way to the City, as shown on the
approved improvement plans, is required, at no cost to the City, prior to
completion and acceptance of this improvement. The applicant shall
construct said improvements(s) and all related appurtenances in accordance
with the approved plans as outlined in Condition No. 22 (Frontage and Off-
site Improvement Plans). (ENG)
Mitigation measure from Environmental Impact Report
AC 02-07:JSerra High Schoc. Conditions of Approval
Page 13 of 29 Date of Approval.8/31/04
Effective Date: 10/8/04
34.* Camino Capistrano from Junipero Serra Road to the southerly Property
boundary. Prior to student enrollment reaching 501 students or as specified
in the Development Agreement, the applicant shall construct a meandering
paved pathway, at least eight feet in width and five-foot wide landscaped
area adjacent to the curb. Dedication of all right-of-way to the City, as shown
on the approved improvement plans, is required, at no cost to the City, prior
to completion and acceptance of this improvement. The applicant shall
construct said improvements(s) and all related appurtenances in accordance
with the approved plans as outlined in Condition No. 22 (Frontage and Off-
site Improvement Plans). (ENG)
35.* Camino Capistrano & Del Obispo Street. Prior to the student enrollment
reaching 671 students, the applicant's fair-share obligation under the traffic
study is to improve the intersection of Camino Capistrano & Del Obispo
Street by constructing an additional eastbound left-tum lane, along with
associated signal modifications, re-striping on Camino Capistrano, grading
and landscaping. Based on preliminary design, no additional right-of-way
dedication is anticipated to complete this improvement. However, the City
Council has expressed a desire to maintain Camino Capistrano as a two-lane
roadway through the downtown area. This improvement would require an
additional northbound lane through at least a portion of this area. Due to this
negative impact, an alternative mitigation to this impact would be
construction of the Alipaz Street North Extension, which would redirect traffic
away from this intersection. However, the scale of this improvement, when
compared to the project, does not appear to meet the test of "rough
proportionality", and would place an undue burden on the project. Based on
this test, payment of the project CUP fee shall be accepted as mitigation of
this impact. (ENG)
36.* Camino Capistrano & Oso Road/Project Driveway. Prior to student
enrollment reaching 671 students, or except as may be modified by the
Development Agreement, the applicant shall improve the intersection of
Camino Capistrano & Oso Road/Project Driveway by completing construction
of a traffic signal, widening Oso Road to two through lanes, eastbound and
westbound, and an eastbound left-turn lane and a westbound left-turn lane,
including a raised center median from Camino Capistrano to Avenida de la
Vista, along with associated railroad crossing modifications and pre-emption,
grading and landscaping. Pursuant to the traffic study, the applicant's fair-
share obligation for this improvement is 44 percent. Reimbursement to the
applicant for the cost of this improvement shall be provided as set forth in the
Development Agreement. The City will use its best efforts to assist the
applicant in connection with any railroad crossing improvements, including
negotiating and or documenting any necessary agreements with the
Southern California Regional Rail Authority (SCRRA). The applicant shall
construct said improvements(s) and all related appurtenances in accordance
' Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo, Conditions of Approval
Page 14 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
with the approved plans as outlined in Condition No. 22 (Frontage and Off-
site Improvement Plans). (ENG)
37.* 1-5 Northbound Ramps & Junipero Serra Road. Prior to the student
enrollment reaching 1501 students, the applicant shall improve the
intersection of 1-5 Northbound Ramps & Junipero Serra Road by adding an
additional left-turn lane for the northbound off-ramp and widening Junipero
Serra Road to five lanes between the 1-5 Northbound and Southbound
ramps, along with associated signal modifications, grading and landscaping.
With Caltrans approval, re-striping the northbound thru/right-turn lane as
shared left/thru/right lane and widening Junipero Serra Road to two lanes
westbound will fulfill this requirement. The applicant's obligation to construct
these improvements shall be subject to a fair share reimbursement
agreement with the applicant, with a fair share responsibility being limited to
31% of the total cost of the improvements. The remaining cost of the
improvements shall be reimbursed to the applicant pursuant to the terms of
the reimbursement agreement, unless, prior to the completion of the
improvements required under this section, this improvement shall be added
to the City's CCFP Program. If this improvement is added to the City's CCFP
Program, not more than 69% of the costs of completion of these
improvements incurred by the applicant shall be credited against the
applicant's total allocation of CCFP fees required so that the total amount of
CCFP fees required to be paid by the applicant are reduced on a dollar for
dollar basis in an amount equal to the total costs of completion of these
improvements. The applicant shall construct said improvements(s) and all
related appurtenances in accordance with the approved plans as outlined in
Condition No. 22 (Frontage and Off-site Improvement Plans). (ENG)
38. Parking Management Plan. Prior to issuance of any grading permits, the
applicant shall submit to the City for review and approval, ten (10) copies of
the Parking Management Plan, which shall include plans for Traffic Demand
Management; student pick-up (including drop-off zones and operations);
special event parking; parking management and monitoring for daily
operations; and phasing of parking with student enrollment.
Upon approval of the Parking Management Plan and occupancy of the use,
applicant shall implement all conditions of the Parking Management Plan.
(PLN/ENG)
39. Annual Enrollment Report. The applicant shall submit to the City Manager on
an annual basis, a report on the student enrollments. The report shall
consist of a copy of the State Department of Education Private School
Affidavit, and shall be filed with the City at the time of filing of the State
Report. (PLN/ENG)
40.* Camino Capistrano Crosswalks. Prior to allowing public use or access of the
project site, the project applicant shall provide crosswalks at all legs of the
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo, Conditions of Approval
Page 15 of 29 Date of Approval:8/31/04
Effective Date: 102/04
intersection at Camino Capistrano and Oso Road. (ENG)
41.* Bike Racks. Prior to approval of final inspection on any phase, the project
applicant shall install bicycle parking facilities within that phase to
accommodate student or community resident cyclists using the facilities.
(ENG/PLN)
42. Installation of Landscaping. Prior to approval of final inspection of each
phase, the developer shall install all landscaping and irrigation. The
developer shall provide a certification, from a licensed Landscape Architect,
stating that the landscape materials and irrigation system (tested for full
coverage) have been planted and installed in compliance with the approved
landscape plans (PLN)
43. Complete All Improvements to the City's Satisfaction. Prior to approval of
final inspection of each phase, the applicant shall complete, to the
satisfaction of the City Engineer, all facility improvements, necessary to serve
the development of that phase in accordance with the approved plan and
approved exceptions. (ENG)
44. Monumentation Restored and Corner Records Filed with County. Prior to
release of improvement bonds, the applicant's surveyor shall set all
applicable required Monumentation and/or re-establish any damaged or
destroyed Monumentation during construction. Monumentation and corner
records shall be submitted to the City Engineer and filed with the County
Surveyor in compliance with AB 1414 and Section 8771 of the Business and
Professional Code, prior to final approval of any phase. (ENG)
45. Provide As-Built Molars/Digital Format. Prior to issuance of certificate of
occupancy or final inspection, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Plans of all
improvement works completed and accepted. Said plan shall be prepared by
a Registered Civil Engineer. Additionally, the applicant shall submit digital
copies of all "As Built" plans in accordance with the latest edition of the City
of San Juan Capistrano Digital Submission Standards. (ENG)
46. Traffic Demand Management Program. Prior to issuance of a grading permit,
the applicant shall submit to the City a Traffic Demand Management (TDM)
Program that shall be reviewed and approved by the City Traffic Engineer.
This plan may be combined with the Parking Management Plan. (PC)
47. Financial Participation Towards Newly Contructed Drainage Facility. Prior to
issuance of right-of-way improvement permits, the applicant shall pay to the
City the amount of $40,533.82 for the project's fair share participation
towards the newly constructed downstream storm drain system constructed
along Oso Road. (ENG)
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoc„ Conditions of Approval
Page 16 of 29 Date of ApprovakaI31/04
Effective Date: 10/8/04
48. Utility Undergroundino. Prior to approval of occupancy, the applicant shall
underground, at no cost to the City, the overhead utility lines within the
property and along the Camino Capistrano and Junipero Serra Road
frontages to the satisfaction of the City Engineer. Such undergrounding shall
be coordinated with completion of the utility undergrounding required of the
Silverado development located across Camino Capistrano for the Project.
(ENG)
Parks, Recreations and Trails Conditions:
49. Joint Use Agreement. Prior to commencement of any use on the site, or
within twelve months of the effective date of the resolution approving this
application, whichever comes first, the applicant and the City of San Juan
Capistrano shall enter into a Joint Use Agreement. The subject agreement
shall specify the terms of the proposed athletic facilities use and shall be
subject to review by the Parks, Recreation and Equestrian Commission prior
to consideration by the City Council. The joint use agreement may be
amended from time to time. (CA/CM)
Police Services Conditions:
50. Event Security/Traffic Control. At least 60 days prior to a special event or a
regularly scheduled event that involves more than 1,000 persons, or as
otherwise determined by the Chief of Police Services, the applicant shall
submit a Special Event application to the City and shall notify the City Police
Services Department and shall provide a list of all agencies and security
organizations that will be providing security services during the event. If the
Police Services Department determines that City Police personnel will be
required for crowd and/or traffic control, the applicant shall provide the costs
required for said services as determined by the Police Services Department.
(PD)
Fire Authority Conditions:
51. Fire Access Roads. Prior to the issuance of any building permits, the
applicant shall submit a Fire Master Plan and obtain approval of the Orange
County Fire Authority for all fire protection access roads to within 150 feet of
all portions of the exterior of every structure on site. The plans shall indicate
the locations of red curbs and signage and include a detail of the proposed
signage including the height, stroke and colors of the lettering and its
contrasting background. The plans shall also indicate the location(s) of all fire
hydrants proposed for the project. Please contact the OCFA at (714) 573-
6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access." (OCFA)
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoc.. Conditions of Approval
Page 17 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
52. Water Availability. Prior to the issuance of any building permits, the applicant
shall provide evidence of adequate fire flow. The "Orange County Fire
Authority Water Availability for Fire Protection" form shall be signed by the
applicable water district and submitted to the Fire Chief for approval. (OCFA)
53. Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit,
the applicant shall submit plans for the required automatic fire sprinkler
system in all structures to the Fire Chief for review and approval. Prior to the
issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief. Please
contact the OCFA at (714) 573-6100 to request a copy of the "Orange
County Fire Authority Notes for New NFPA 13 Commercial Sprinkler
Systems." (OCFA)
54. Hazardous Materials. Prior to the issuance of a building permit, the applicant
shall submit to the Fire Chief a list of all hazardous, flammable and
combustible liquids, solids or gases to be stored, used or handled on site.
These materials shall be classified according to the Uniform Fire Code and a
document submitted to the Fire Chief with a summary sheet listing the totals
for storage and use for each hazard class. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guideline for
Completing Chemical Classification Packets." (OCFA)
55. Architectural Building Plans. Prior to the issuance of a building permit, the
applicant shall submit architectural plans for the review and approval of the
Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
56. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior to the issuance of a
certificate of use and occupancy. (OCFA)
Public Works Conditions:
57. Water Improvement Agreement. Prior to the issuance of permits for an
� M Y
water improvements, the applicant shall execute a Water Improvement
Agreement with the City, shall pay all applicable domestic and non-domestic
Water Development Charges in accordance with the Water Division
Schedule of Rates and Charges, as last revised, and shall post the required
securities to insure satisfactory performance of proposed public water
improvements in compliance with City water standard specifications. (PW)
'Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High SchoL. Conditions of Approval
Page 18 of 29 Date of Approval.8131/04
Effective Date: 10/8/04
58. Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire Authority (OCFA) the required fire flow demands and fire protection
requirements to serve the subject project and shall provide evidence of
satisfactory fire flow. (PW)
59. Dedication of Water Facilities. Prior to final inspection of water improvements
and use of the site, the applicant shall dedicate, at no cost to the City, all
public water facilities and any required easements to the City for related
project improvements. (PW)
60. Sewer and Water Plans. Prior to the issuance of right-of-way improvements
permits, the applicant shall submit to the City Engineer and the Public Works
Director for review, and shall obtain approval for, sewer and water plans
prepared by a Registered Civil Engineer. These plans shall be specific to the
project and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, and City water
standard specifications. The sewer plans shall indicate that all proposed
sewer manholes shall be lined with polyurethane, or equal approved
material, at the applicant's cost to the satisfaction of the City Engineer
(ENG/PW)
61. Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system, non-
domestic (recycled) water system improvements, and irrigation facilities
required to serve the subject project in compliance with City municipal codes,
standards, specifications, the Rules and Regulations for Users of Non-
domestic Water and the City's water"standard specifications. (PW)
62. Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant
shall submit to the City Engineer and the Public Works Director for review
and obtain approval for reproducible "Record Drawing" mylar plans that call
out any deviations from the signed plans of all the domestic water system,
non-domestic (recycled) water system, and the landscape irrigation system,
sewer, storm drain, and street improvements. These "Record Drawings" are
also required to be provided to the City in digital format, in accordance with
the "City of San Juan Capistrano Digital Submission Standards". (ENG/PW)
Additional Conditions per Mitigation Measures in Environmental Impact Report:
63.E Conceptual Landscaping Plans. Prior to issuance of grading permits, the
project applicant shall revise the project conceptual landscape plan to include
mature landscaping in the center and around the perimeter of the structural
footprint that comprises the performing arts complex, gymnasium, and main
plaza. The main plaza shall be revised to include a single mature California
'Mitigation measure from Environmental Impact Report
AC 02-07:JSerra High Schoc,. Conditions of Approval
Page 19 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
sycamore of the following minimum dimensions: 96-inch box and 15-feet in
height. Other mature trees that shall be incorporated around the structural
footprint perimeter include, but may not be limited to: California sycamores,
Chinese flame tree, coast live oaks, and other native/nonnative trees. These
trees shall consist of a minimum 24-inch box and eight-feet in height. The
revised landscape plan shall be submitted to the Planning Director for review
by the Design Review Committee prior to issuance of the first grading permit.
(PLN/DRC)
64.* Lighting and Photometric Plan. Prior to issuance of any permit for any athletic
field or ball court lighting, the Design Review. Committee shall review a
lighting and photometric plan that conforms to City and IES design standards
(Class III) related to coverage, spillage, and glare of athletic fields and ball
courts. The photometric plan shall provide the minimum lighting levels
appropriate for athletic fields (which are also the maximum levels under Title
9 of the City's Land Use Code). In addition, project lighting shall meet the
residential lighting design standard for shielding (i.e., spillage shall not
exceed one footcandle as measured at the property line common with an
adjacent residential property line). (PLN/DRC)
65.* Light Fixture Siting and Height. Prior to construction of any fixture arrays,
Light poles shall be sited consistent with the Design Review Committee-
approved revised lighting and photometric plan, and fixture arrays shall be
mounted at a height not to exceed that which is depicted in the approved
plan. Height shall be measured from the finished grade to the center of the
array cross-arm. (PLN/DRC)
66.* Field Test of Lighting. Prior to use of the athletic field lighting and ,following
the "burn-in" period for the lighting fixtures, the applicant shall conduct field
testing of the lighting to assure compliance with the Design Review
Committee-approved lighting and photometric plan. Prior to completing such
field light testing, the applicant shall submit a testing plan to the Planning
Director which includes representative points on the project site to assess
both field illumination levels (coverage) and spill. The athletic field lighting
shall not be authorized for use until such time that the Planning Director has
reviewed a test of the lighting to determine consistency with the approved
lighting and photometric plan and provided written authorization to the project
applicant. In the event the Planning Director determines that field lighting
does not substantially comply with the Planning Commission-approved plan,
the project shall be required to modify the lighting appropriately, retest the
lighting, and submit the results to the Planning Director for determination.
Failure to meet Planning Commission approval shall require the project
applicant to dismantle and remove the components of the lighting system
that do not meet performance standards established in the Planning
Commission-approved plan. (PLN)
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo. Conditions of Approval
Page 20 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
67.* Light Fixture Shielding. Prior to use of the athletic field lighting, all luminaires
shall be affixed with shielding, designed specifically for the approved
luminaire model. (PLN)
68.* Paint Emissions. During construction phase of the project, the construction
contractor shall use only exterior and interior paints with zero volatile organic
compounds (VOC) to minimize the emissions of ROG. The SCAQMD
maintains a website with manufacturer/supplier information for zero-VOC
paints. Access to this information is available electronically at:
[http://www.aqmd.gov/business/brochures/zerovoc.html]. (PLN)
69.* Construction Vehicle Fuels. During grading and construction phase of the
project, the contractor shall use oxidation catalysts and low sulfur content
diesel fuel to reduce emissions of NO2 to levels that are below the
SCAQMD's construction emission threshold of 100 pounds per day. (PLN)
70.* Wetlands Mitigation Plan. Prior to issuance of any grading or building permits
affecting the wetlands area, the project applicant shall prepare a Wetlands
Mitigation Plan (WMP) that creates a minimum of 0.16 acres of wetland
habitat resulting in no net loss of wetlands. There are two options available to
the project applicant to comply with these mitigation requirements: (a)
develop the above mentioned WMP, or (b) purchase mitigation credits from
an approved CDFG mitigation bank that has been approved by the City
Planning Director.
Selection of the WMP by the project applicant requires adherence to the
following specific mitigation measures:
1. Implementation of the WMP shall occur in the same watershed as the
project site. Onsite mitigation is preferred, but may not be considered
feasible by the City Planning Director. Consultation with the CDFG is
required to determine an appropriate mitigation site that satisfies all of
the mitigation requirements.
2. The WMP shall be created using seeds from California native species
naturally occurring in the immediate vicinity and shall include a mix of
upland, wetland, and erosion control components. Seeds, cuttings,
mulches, and potted plants shall be collected from local plant material,
as appropriate and available, and supplemented with material from
native plant nurseries. The project applicant shall ensure that seeds
used from nurseries are certified for purity by a certified seed
laboratory and does not contain nonnative, invasive species.
3. Restoration/enhancement efforts shall focus on restoring the WMP to
pre-project conditions with equivalent or better habitat value for listed
species.
4. WMP site(s) shall be subject to maintenance during plant
establishment (i.e., nonnative species removal), which shall include a
minimum 5-year post-planting monitoring period.
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo, Conditions of Approval
Page 21 of 29 Date of Approval.8/31/04
Effective Date: 10/8/04
5. No net loss of wetland habitat incorporates both temporal and spatial
loss of wetlands as well as their functions and values. (PLN/CDFG)
71.* Landscaping Species. Prior to issuance of any grading permit, a preliminary
landscaping plan shall be prepared that provides that invasive, exotic weed,
or nonnative species as identified in the California Noxious Weed Species
List or the California Invasive Plant Council Exotic Pest Plants of Greatest
Ecological Concern shall not be used in the project's landscaping design.
(PLN/DRC)
72.* Raptor Nest Survey. If construction/grading is to begin between January and
September (to take into account early and late nesting raptors), a qualified
biologist shall conduct a raptor nest survey for a 300-foot perimeter
extending beyond the project site. Should active nests be noted within the
project site perimeter, a 300-foot buffer shall be established around any nest
to ensure that disturbance from construction/grading activity is minimized.
Buffers shall remain in place until a qualified biologist has determined that
the young have fledged (and the nest is no longer active). The raptor nest
survey and establishment of any potential 300-foot buffers shall be
implemented no more than one week prior to construction initiation.
Construction/grading activity shall not occur within 300 feet of an active
raptor nest.
Additionally, to avoid impacts to other sensitive bird species, no vegetation
removal or other construction activities shall take place in the southern
arroyo willow riparian area during the breeding season (March 15 and August
15), unless a qualified biologist has surveyed the riparian habitat and
concluded that no sensitive birds are nesting. This survey shall be conducted
no more than one week prior to any construction/grading initiation. The raptor
nest survey and establishment of any potential 300-foor buffer shall be
implemented no more than one week prior to construction/grading initiation.
The sensitive bird survey shall be conducted no more than one week prior to
any construction/grading initiation. (PLN)
73.* Sensitive Areas Fill. Prior to and during the grading activities, a minimum of
three feet of fill shall be placed over all areas where burials and cremations
are known to exist (the Sensitive Area). Prior to placement of the fill,
installation of some form of horizon marker shall be utilized to ensure that
there is no inadvertent mixing of the archaeological matrix and the fill.
Examples of such markers include a chemically inert filter fabric or a layer of
culturally sterile sand, gravel, furnace slag, or a clay-gravel mix. The use of
tightly-compacted clay is not recommended because of the potential of
altering the permeability of the site. The City grading inspector shall verify
that the required fill depth has been placed in the Sensitive Area. (ENG)
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoc, Conditions of Approval
Page 22 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
74.* Sensitive Area Disturbance. During grading and construction activities,
ground disturbing activities in the Sensitive Area shall be confined to the fill to
the extent feasible. Where this is not feasible to permit the installation of light
poles, ground disturbing activities that extend into or below the original
ground surface in the Sensitive Area shall be monitored by an archaeological
monitor and a Native American monitor in accord with the procedures
outlined in Mitigation Measures CR5 and CR6. Excavation below the original
ground surface in the Sensitive Area shall be carried out by an archaeologist
using hand excavation methods until sterile (non-cultural) soil is reached. If
burials are encountered, excavation shall be halted and the burial shall be
left in place; the location of the light pole shall be moved elsewhere.
(ENG/AM/MLD)
75.* Heritage Information. At the time of completion of the project and continuing
for the life of the use, information about the important events that took place
at the site and information about the importance of the place in Juaneho
heritage shall be made available to students and the public. This shall be
accomplished through preparation of a curriculum guide for use by teachers
at JSerra High School, by informational kiosks, displays, and/or pamphlets.
(PLN)
76.* Historical/Cultural Exhibit. At the time of completion of the project, a
historical/cultural exhibit that will provide a focal point for commemoration of
Juaneno culture and history shall be built as part of the proposed JSerra
High School facilities. This historical/cultural exhibit shall commemorate one
of the historical figures associated with the founding of Putiidhem.
Information about the importance of this exhibit shall be made available
nearby. (PLN)
77.* Archeological Monitor. During pre-construction meetings and during
construction activities, a qualified archaeologist (defined as an archaeologist
on the List of Certified Archaeologists for Orange County) shall be retained
(at the project applicant's expense) by the City of San Juan Capistrano and
shall be present at pre-construction meetings to advise construction
contractors about the sensitive nature of cultural resources located on and/or
in the vicinity of the project site, as well as monitoring requirements. A
qualified monitor (defined as an individual with a bachelors degree in
anthropology with archaeological monitoring experience), supervised by the
qualified archaeologist, shall observe on- and off-site construction activities
that result in grading, and/or excavating on or below the original ground
surface (including during project-related off-site utility [natural gas, electricity,
sewer, water, drainage, communications, etc] and roadway improvements).
Should nonhuman cultural resources be discovered, the monitor shall have
the power to temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if significant,
until recovered by the archaeologist. In the event that human remains are
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo, Conditions of Approval
Page 23 of 29 Date of Approval.8,131/04
Effective Date: 10/8/04
discovered, construction activities shall be halted or diverted until the
provisions of §7050.5 of the Health and Safety Code and §5097.98 of the
Public Resources Code have been implemented. (PLN/AM)
78.* Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc] and roadway improvements).
The Native American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that may be
considered sacred or important. In the event that evidence of human remains
is discovered, the Native American monitor shall verify that the archaeologist
has notified the Coroner as described in Mitigation Measures CRS.
(PLN/MLD)
79.* Historic Monumentation. Prior to issuance of the first building permit, the site
plan shall provide accommodation for an area of approximately 100 square
feet adjacent to the sidewalk/trail for historic monumentation to provide public
information about the cultural and historical aspects of the site. Said area
may be dedicated to the City as part of the public right-of-way. Final design
and location of the monumentation area shall be subject to review and
approval by the Cultural Heritage Commission. Installation of the
monumentation shall be the responsibility of the developer, and maintenance
of the area shall be the responsibility of the City if located in the public right-
of-way. (PLN/CHC)
80.* Paleontological Monitor. Prior to issuance of a grading permit, a qualified
paleontologist (defined as a paleontologist on the List of Certified
Paleontologists for Orange County) shall be retained (at the project
applicant's expense) by the City of San Juan Capistrano and shall be present
at pre-construction meetings to advise construction contractors about the
potential occurrence of paleontological resources located on and/or in the
vicinity of the project site, as well as monitoring requirements. A qualified
monitor (defined as an individual with a bachelors degree in paleontology
and monitoring experience), supervised by the qualified paleontologist, shall
be on-site during construction activities that result in the grading and/or
excavating of current surface material (including during project-related off-
site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements) to monitor for
paleontological resources. Should paleontological resources be discovered,
the monitor shall have the authority to temporarily halt or divert construction
activities until the qualified paleontologist can determine if the resources are
significant. Significant paleontological resources shall be recovered by the
qualified paleontologist. (PLN/PM)
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo, Conditions of Approval
Page 24 of 29 Date of Approval.-8/31/04
Effective Date: 10/8/04
81.* Geotechnical Report. During grading and construction activities, the
importation of fill material, grading activities, and project construction shall
comply with the geotechnical recommendations contained in the Preliminary
Geotechnical Investigation (Stoney-Miller Consultants 2003). This report
outlines specific construction recommendations for mitigating geologic
conditions that shall be addressed during importation of project site fill
material, site grading, and project development. Geologic conditions that
shall be mitigated include the following: presence of potentially unsuitable
material and/or expansive soils, settlement, earthwork, cut and fill
slopes/transitions/backcuts, surface and subsurface drainage, and erosion.
Placement of fill material over the village site shall be under the supervision
of the on-site archaeologist. (PLN/ENG/AM)
82.* Seismic Desiqn. Prior to the issuance of a building permit, the City of San
Juan Capistrano shall require that all development be designed in
accordance with seismic design provisions outlined in the Preliminary
Geotechnical Investigation (Stoney-Miller Consultants 2003), specified in the
most current Uniform Building Codes adopted by the City of San Juan
Capistrano, and applicable provisions of Title 9, Chapter 10 of the Soil
Subsidence Remediation Program. (ENG)
83.* Phase II ESA. Prior to the issuance of a grading permit, a Phase II
Environmental Site Assessment (ESA) shall be performed on the project site
to assess potential soil and groundwater contamination resulting from
releases of gasoline from the adjoining Ultramar and Shell service stations,
particularly the Ultramar service station. This study shall conform to the
guidelines set forth in the DTSC's Advisory Active Soil Gas Investigations
(January 2003). The ESA shall include the performance of a soil vapor
survey in the area adjoining the Ultramar service station and the section of
Junipero Serra Road adjoined by the Shell service station on the north.
Following the soil vapor survey, a soil and groundwater investigation will be
performed in the area. The investigation will include the collection of soil and
groundwater samples from approximately ten points in the area adjacent to
the Ultramar service station (west and south of the station) and Junipero
Serra Road. The report on the investigation will include a risk assessment
using the Department of Toxic Substances Control's unrestricted (residential)
land use scenario under the Preliminary Endangerment Assessment (PEA)
Guidelines.
Upon completion of the laboratory results from the vapor, soil, and
groundwater sampling, a comprehensive risk assessment report will be
prepared to conform to the DTSC's Preliminary Endangerment Assessment
Manual. The report will include analytical results, soil boring logs, the results
of the soil vapor survey, and a description of the field methods. The report
will also include calculations of the risk to human health (including toxicity
hazard and cancer risk) posed by detected contaminants such as pesticides
'Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo. Conditions of Approval
Page 25 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
and volatile organic compounds (or natural metals) on the project site. The
report will include a discussion of exposure pathways and potential concerns,
and any additional investigations or remedial measures that may be
necessary. The following are a listing of the required actions for the likely
contamination scenarios:
1. No contamination found; no further action required.
2. Low levels of contamination found, but below the identified risk
criteria. The data will be submitted to the appropriate regulatory
agency for their consideration and potential remediation actions.
Remediation will be the responsibility of the polluter(s) as determined
by the regulatory agency.
3. Contamination levels detected in exceedance of the risk criteria. The
data will be submitted to the appropriate regulatory agency for their
remediation action. Remediation will be the responsibility of the
polluter(s) as determined by the regulatory agency. Industry-accepted
and regulatory-approved methods of remediation will be employed,
including but not limited to: soil vapor extraction; groundwater
treatment using air sparging; and bioremediation. No grading permits
shall be issued by the City prior to the remediation of the site to a level
less than the identified performance standard outlined below.
The Phase II Environmental Site Assessment (ESA) shall also evaluate the
potential for the presence of pesticide residues in the soil on the project site,
resulting from historical agricultural usage. Soil samples will be collected
throughout the site in accordance with the DTSC's Preliminary
Endangerment Assessment Manual and the "Interim Guidance for Sampling
Agricultural Fields for School Sites (Second revision, August 2002)". The
report on the investigation will include a risk assessment using the DTSC's
unrestricted (residential) land use scenario.
The ESA shall be conducted prior to the issuance of a grading permit by the
City of San Juan Capistrano. Any on-site dewatering activities conducted
during project implementation will require a NPDES permit and
treatment/remediation of the groundwater to the satisfaction of the Southern
Orange County Wastewater Authority. In accordance with the PEA
Guidelines, a cancer risk below 1 x 10E-6 (one in one million) and a relative
non-carcinogen toxicity hazard quotient below 1 will constitute the
performance standards. If significant risks associated with hydrocarbon
contamination or impacted groundwater are encountered, any required
cleanup or monitoring would be performed by the responsible parties. If the
results of the investigation indicate the presence of significant risks
associated with pesticide residues, on-site mitigation shall require a soil cap
Mitigation measure from Environmental Impact Report
AC 02-07:JSerra High Schoo, Conditions of Approval
Page 26 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
of a minimum thickness of one foot and/or an impermeable geosynthetic
layer to be placed on the project site underneath the proposed turf. (PLN)
84.* Chemical Usage Plan. Prior to issuance of any occupancy permits, the
project applicant shall prepare a chemical usage plan in coordination with the
OCFA Hazardous Materials Services Section. All plans shall be submitted to
the OCFA Planning and Development section for review to ensure proper
chemical storage, ventilation, and access prior to issuance of any occupancy
permits. These plans shall be consistent with applicable OCFA Hazardous
Material Disclosure and Business Emergency Plan Programs. (PLN)
85.* Hydrologic Analysis. During project design, construction, and operation, the
project applicant shall comply with a detailed hydrologic analysis that shall be
prepared during the final engineering design process to verify actual design
conditions associated with the project and associated roadway
improvements. The hydrologic analysis shall ensure that peak flow rates do
not significantly exceed the historical hydrologic flows. During this final
design process the grading design shall also be evaluated in detail by the
City of San Juan Capistrano Engineering and Building Director with respect
to the hydrologic requirements. All recommendations in the detailed
hydrologic analysis shall be implemented during project design, construction,
and operation. Compliance with this measure shall be verified by the City of
San Juan Capistrano Engineering and Building Director. (ENG)
86.* Erosion/Stormwater Plans. Prior to the issuance of a grading permit by the
City of San Juan Capistrano, the project applicant shall submit and obtain
approval for an Erosion Control Plan, Water Quality Management Plan,
Stormwater Pollution Prevention Plan (SWPPP), and post-construction
stormwater management plan. These plans will identify specific measures to
eliminate stormwater discharges into Arroyo Trabuco Creek and/or San Juan
Creek during and after construction and shall consider necessary project-
related off-site utility (e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.) and roadway improvements. The plans shall
incorporate specific pollution prevention measures, including but not limited
to: structural and non-structural BMPs; site design BMPs; and treatment
control BMPs. The SWPPP shall contain a site map showing the construction
site perimeter, proposed infrastructure, stormwater collection, and drainage
patterns. The SWPPP shall also include a visual monitoring program, a
chemical monitoring program, and a sediment monitoring program. Also as
part of the SWPPP, a Notice of Intent shall be prepared for the proposed
project prior to commencement of construction. The project applicant shall
also comply with the requirements of the NPDES Stormwater Permit, Order
No 99-06-DWQ, NPDES No. CAS000003, General Construction Stormwater
Permit (Order No. 99-08, NPDES No. CAS000002), and the General
Municipal Stormwater Permit (Order No. R9-2002-0001, NPDES No.
*Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schon, Conditions of Approval
Page 27 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
CAS0108740). Compliance with this measure shall be verified by the City of
San Juan Capistrano Engineering and Building Director. (ENG)
87.* Parking Management Program. The Parking Management Plan as approved
by the Planning Director shall be complied with at all times. (PLN)
88.* OCFA Approval. Prior to grading, street improvement plans, location of fire
hydrants in the public right of way, emergency access including the spine
access road traffic/parkingstud and the on-site driveway and loading zone
Y. Y 9
emergency access areas of the proposed project shall be reviewed and
approved by OCFA. (OCFA)
89.* Signal Upgrades. Prior to the acceptance of applicable roadway
improvements, the project applicant shall upgrade signal lights at the
intersections of Interstate-5 and Junipero Serra Road (both sides of the
freeway), Junipero Serra Road and Camino Capistrano, and when
signalized, Oso Road and Camino Capistrano to provide for pre-emption
devices. The project applicant will also provide funding to OCFA for the
operating devices for the first alarm units (8 devices) if Opticom is not the
installed system. (ENG)
90.* Emergency Medical Service. The project applicant shall contract with a City-
approved emergency medical service provider to be located on-site during
special event functions on the South Campus. (PLN)
91.* Hydraulic Analysis. Prior to issuance of a building permit, the project
applicant shall submit a hydraulic analysis to the City of San Juan Capistrano
Public Works Department that would demonstrate that the proposed on-site
water facilities are adequate to provide the project's water demands for
domestic use and fire protection. The on-site water system shall be a private
water system, which will connect to a City maintained 12-inch high pressure
water main located in Junipero Serra Road and/or Camino Capistrano.
These connections shall be subject to the submission and review of civil
improvement plans and the hydraulic analysis. If the on-site water system
cannot be designed to meet the required fire flow demand as determined by
OCFA, the applicant shall be responsible to design, permit, construct, and
pay for modifications. (ENG/PW)
92.* Water Service Connection. Prior to issuance of a building permit, the project
applicant shall construct a separate water service connection that is
adequate to provide the necessary water demand for irrigation and
landscaping. This water service connection shall be to a City maintained
water main located in Camino Capistrano. These connections shall be
subject to the submission, review, and approval of civil improvement plans
and the irrigation/landscape plans. The irrigation facilities shall be designed
in accordance with the City of San Juan Capistrano's Water Standards and
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoop Conditions of Approval
Page 28 of 29 Date of Approval:8/31/04
Effective Date: 10/8/04
Specifications, Rules and Regulations for Users of Non-Domestic Water, and
the Municipal Code § 9-3.617 (Water Conservation Landscape). The design
shall include improvements that are identified for use of non-domestic water
(recycled water) and shall be connected to non-domestic water facilities
when they become available. (PW)
93.* Covenant In-lieu of Dedication of Water Rights. The applicant agrees and
will record a lessee covenant that it will not develop any wells or other means
of using the water rights associated with this property (hereon referred to as
"Well Development"), nor shall it allow any other party to conduct Well
Development, for the term of the applicant's lease or use of the land. The
applicant further agrees and covenants that the City of San Juan Capistrano
Water Department or its designee shall be the sole water service provider for
any and all improvements made on the land during the term of the applicant's
lease of the land. The language of the covenant must be approved by the
City prior to recordation. The covenant must be recorded with the County
Recorder prior to issuance of building permits. (PW)
94.* Solid Waste Reduction/Recycling Management Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall
include, but not be limited to: 1) distribution of separate receptacles for
recyclables and trash throughout the project site; 2) separate dumpsters for
recyclables and trash; 3) signs posted near all receptacles conveying
informing regarding recyclable materials; 4) sorting of trash collected
throughout the project site by facilities staff prior to dispensing in dumpsters;
and, 5) restrictions on product type that will be offered at concessions or
vending throughout the project site. (PLN/ENG)
*Denotes Mitigation Measure contained in the Mitigation Monitoring Program.
Responsible Agencies: ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
PD = Police Services Department
AM = Archeological Monitor
PM = Paleontological Monitor
MLD = Most Likely Descendent
PC = Planning Commission
DRC = Design Review Committee
CHC = Cultural Heritage Commission
Mitigation measure from Environmental Impact Report
AC 02-07: JSerra High Schoo. Conditions of Approval
Page 29 of 29 Date of Approval.-8131104
Effective Date: 10/8/04
Date of Approval: August 31, 2004
Resolution No.: City Council Resolution No. 04-08-31-02
Effective Date: October 8, 2004
Applicant Acceptance: Date:
PUEBLO SER RSH P HOLDINGS
2-11
Tirfrofhy R. B,4ch
Its: Chief Executive Officer
Mitigation measure from Environmental Impact Report
ATTACHMENT 2
JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT
CITY OF SAN JUAN CAPISTRANO
MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
1.0 INTRODUCTION
Section 21081.6 to the State of California Public Resources Code requires a lead or
responsible agency that approves or carries out a project where an environmental impact
report (EIR) has identified significant environmental effects to adopt a "reporting or
monitoring program for adopted or required changes to mitigate or avoid significant
environmental effects." The City of San Juan Capistrano is the lead agency for the JSerra
High School EIR, and therefore is responsible for implementation of the mitigation
monitoring program. An EIR has been prepared for this project which addresses
potential environmental impacts and, where appropriate, recommends measures to
mitigate these impacts. As such, a mitigation reporting or monitoring program is
required to ensure that adopted mitigation measures are implemented.
The project site consists of approximately 29.2 acres of vacant land located in the
northern portion of the City of San Juan Capistrano in southern Orange County, situated
within the San Juan Capistrano quadrangle and the San Joaquin Hills. The project site
consists entirely of undeveloped land that has been previously graded to support various
nonpermanent uses and slopes gently to the southwest, with elevations ranging from 204
feet to 171 feet above mean sea level.
The project proposes the development of the following recreational amenities and related
facilities: performing arts complex; gymnasium; aquatic center; baseball, soccer, and
softball fields; sand volleyball, basketball and tennis courts; football/track field; parking;
and a pedestrian footbridge and plaza linking the South Campus (proposed facilities,
mentioned above) with the North Campus (existing facilities, including the high school
classrooms and administration offices). Additionally, the creation of a cultural/historical
exhibit honoring local Native American culture is proposed for the South Campus.
The proposed project consists of the development of the South Campus with the minor
exception of the landing of the pedestrian footbridge in the North Campus. The North
Campus consists of a previously developed commercial complex located on
approximately nine acres of land. The North Campus' three buildings (approximately
142,000 total square feet) were constructed and/or renovated to accommodate the
academic, administrative, food service, and library functions for the JSerra High School.
The North Campus is not considered part of the proposed project; however, it is not
feasible to separate the impact analysis of the two campuses for the following
environmental areas due to modeling constraints: transportation and traffic, air quality,
and noise. As a result, contributions from the North Campus on traffic, air quality, and
noise have been factored into the overall assessment for the proposed project.
JSerra High School Final EIR I July 2004
Mitigation Monitoring and Reporting Program
Land uses surrounding the project site include a tract of medium- to high-density
residential townhouses to the east and south, an interstate freeway to the east, schools to
the west and north, an assisted living care facility to the northwest, and two gasoline
service stations to the northeast. Camino Capistrano separates the project site from
Saddleback Valley Christian School, the Silverado Senior Living Center, and a row of
attached single-family homes (known as the Villas). Junipero Serra Road separates the
project site from the existing JSerra High School (North Campus, formerly known as
Sycamore Commons) to the north and a Shell service station to the northeast. Adjacent
to the property on the east and south, respectively, are an Ultramar service station and the
Casitas Capistrano Townhomes, a medium-high density residential development.
Approximately seven residential structures are setback approximately 20-feet from the
southeastern boundary of the project site, while two additional structures are setback
approximately 25-feet from the project site's southern boundary. These structures are
comprised of two story, attached dwelling units.
2.0 PROGRAM MANAGEMENT
The mitigation monitoring and reporting program (MMRP) for the JSerra High School
project will be in place through all phases of project approval. Enforcement of the
MMRP will be the responsibility of a Planning Director at the City of San Juan
Capistrano.
2.1 Roles and Responsibilities: Planning Director
The role is assigned by the City Planning Director as follows: the Initial Cap Program
manger role of surverising, monitoring and compliance with the MMRP is assigned to the
City Planning Director. The Planning Director assigned to the proposed project will
supervise the MMRP during design, construction, and operation of the project and is
responsible for the overall management of the MMRP. The Planning Director is
thoroughly familiar with the project and qualified to determine if an adopted measure is
being properly implemented. The PM oversees the MMRP and reviews the Reporting
and Implementation (R&I) Forms to ensure they are filled out correctly and proper action
is being taken on each measure. The Planning Director and/or an assignee will also be
responsible for the filling and updating of the R&I Forms during all phases of the project.
The Planning Director will ensure the use of a mitigation specialist if technical expertise
beyond the Planning Director's is required. If it is found that an adopted mitigation
measure is not being properly implemented, the Planning Director will require corrective
actions to ensure adequate implementation. The responsibilities of the Planning Director
include the following:
1. An MMRP Reporting Form will be prepared for each potential significant
impact and its corresponding mitigation, as identified in the list of
significant impacts and mitigation measures attached hereto.
JSerra High School Final EIR 2 July 2004
Mitigation Monitoring and Reporting Program
2. Appropriate specialists will be retained, as needed, to monitor specific
mitigation activities and provide appropriate written approvals to the
Planning Director.
3. The Planning Director and/or an assignee will approve, by signature and
date, the completion of each action item that was identified on the MMRP
Reporting Form.
4. All MMRP Reporting Forms for an impact issue requiring no further
monitoring will be signed off as completed by the Planning Director
and/or an assignee at the bottom of the MMRP Reporting Form.
5. Unanticipated circumstances may arise requiring the refinement or
addition of mitigation measures. The Planning Director is responsible for
approving any such refinements or additions. An MMRP Reporting Form
will be completed by the Planning Director and/or an assignee. The
completed form will be provided to the appropriate design, construction,
or operational personnel.
6. The Planning Director has the authority to, as required to, stop the work of
construction contractors if compliance with any aspects of the MMRP is
not occurring after written notification has been issued. The Planning
Director also has authority to hold certificates of occupancies if
compliance with a mitigation measure attached herein is not occurring.
The Planning Director also has authority to hold the issuance of a building
permit until all mitigation measures are implemented. Should the
applicant/contractor disagree with the findings and actions of the Planning
Director, an appeal to the City Manager can be submitted.
2.2 General Procedures
MMRP Program Definitions
The MMRP consists of key program elements. The elements are summarized below.
MMRP Files
Files are established to document and retain records of the MMRP. The file organization
is established by the Planning Director according to mitigation measures and project
phases.
Reporting and Implementation (R&I) Forms
R&I Forms are designed to record the monitoring activity in a consistent manner with
appropriate approvals. The R&I Forms are placed in the MMRP files.
JSerra High School Final EIR 3 July 2004
Mitigation Monitoring and Reporting Program
Environmental Compliance Verification
At the completion of construction contracts that are part of the overall development of the
project, a verification of environmental compliance is executed by the Planning Director.
The verification concludes the construction monitoring process for the contract.
Mitigation Monitoring and Reporting Program Procedures
The policies and procedures for the MMRP described herein are intended to provide
focused, yet flexible guidelines for monitoring the implementation of the mitigation
measures discussed in the final EIR. The Mitigation Monitoring and Reporting Checklist
lists each mitigation measure, the method of verification for each mitigation measure, and
the party responsible for monitoring efforts. The Mitigation Monitoring and Reporting
Checklist also provides the Planning Director a verification of compliance for each
mitigation measure during each applicable phase of the project. An R&I form is prepared
for each potential significant impact and its corresponding mitigation measure. After
each measure is verified for compliance, no further action is required for the specific
phase. The Planning Director shall initial and date the measure on Mitigation Monitoring
and Reporting Checklist.
Disposition of Monitoring Forms
All actions and completed R&I Forms are kept in the MMRP file with the City of San
Juan Capistrano during the pre-design, design, construction, and operational phases of the
project. Reports will be available from the City upon request at the following address:
City of San Juan Capistrano (Lead Agency)
Planning Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
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5.1 AESTHETICS
Al The project applicant shall revise the project landscape plan to Submittal of the Prior to issuance City Planning
include mature landscaping in the center and around the revised landscape of grading Director/Planning
perimeter of the structural footprint that comprises the plan to the City permits. Commission.
performing arts complex, gymnasium, and main plaza. The Planning Director.
main plaza shall be revised to include a single mature
California sycamore of the following minimum dimensions:
96-inch box and 15-feet in height. Other mature trees that
shall be incorporated around the structural footprint perimeter
include,but may not be limited to: California sycamores,
Chinese flame tree,coast live oaks,and other native/nonnative
trees. These trees shall consist of a minimum 24-inch box and
eight-feet in height. The revised landscape plan shall be
approved by the City Planning Commission prior to issuance
of the first building permit.
A2 Prior to construction of any athletic field or ball court lighting, Approval of the Prior to City Planning
the Planning Commission shall approve a lighting and lighting and construction of Director/Planning
photometric plan that conforms to City and IES design photometric plan by any athletic field Commission.
standards(Class M)related to coverage,spillage, and glare of the City Planning or ball court
athletic fields and ball courts. The photometric plan shall Commission. lighting.
provide the minimum lighting levels appropriate for athletic
fields(which are also the maximum levels under Title 9 of the
City's Land Use Code). In addition,project lighting shall meet
the residential lighting design standard for shielding(i.e.,
spillage shall not exceed one footcandle as measured at the
property line common with an adjacent residential property
line).
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A3 Light poles shall be sited consistent with the Planning Approval of the Prior to City Planning
Commission-approved revised lighting and photometric plan, lighting and construction of Director/Planning
and fixture arrays shall be mounted at a height not to exceed photometric plan by any fixture arrays. Commission.
that which is depicted in the approved plan. Height shall be the City Planning
measured from the finished grade to the center of the array Commission.
cross-arm.
A4 Prior to use of the athletic field lighting and following the Submittal of written Prior to use of the City Planning
"bum-in"period for the lighting fixtures,the applicant shall authorization to the athletic field Director/Planning
conduct field testing of the lighting to assure compliance with project applicant lighting and Commission.
the Planning Commission-approved lighting and photometric regarding the field following the
plan. Prior to completing such field light testing,the applicant testing of the "burn-in"period
shall submit a testing plan to the Planning Director which lighting by the City for the lighting
includes representative points on the project site to assess both Planning Director. fixtures.
field illumination levels(coverage)and spill. The athletic field
lighting shall not be authorized for use until such time that the
Planning Director has reviewed a test of the lighting to
determine consistency with the approved lighting and
photometric plan and provided written authorization to the
project applicant. In the event the Planning Director
determines that field lighting does not substantially comply
with the Planning Commission-approved plan,the project
shall be required to modify the lighting appropriately,retest
the lighting,and submit the results to the Planning Director for
determination. Failure to meet Planning Commission-
approval shall require the project applicant to dismantle and
remove the components of the lighting system that do not meet
performance standards established in the Planning
Commission-approved plan.
AS Prior to use of the athletic field lighting,all luminaries shall be Verification by the Prior to use of the City Planning City
JSerra High School Final EIR 6 July 1004
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2
affixed with shielding, designed specifically for the approved project applicant athletic field Y Director.
luminary model. and City that all lighting.
luminaries are
affixed with
shielding as
described by the
lighting and
photometric plan.
5.2 AIR QUALITY
AQ1 The construction contractor shall use only exterior and interior The construction During City Planning
paints with zero volatile organic compounds(VOC)to contractor shall only construction phase Director.
minimize the emissions of ROG. The SCAQMD maintains a use paints with zero of the project.
website with manufacturer/supplier information for zero-VOC volatile organic
paints. Access to this information is available electronically compounds.
at: [http://www.aqmd.gov/business/brochures/zerovoc.htnill.
AQ2 The contractor shall use oxidation catalysts and low sulfur The contractor shall During grading City Planning
content diesel fuel to reduce emissions of NO2.to levels that use oxidation and construction Director.
are below the SCAQMD's construction emission threshold of catalysts and low phase of the
100 pounds per day. sulfur content diesel project.
fuel.
5.3 BIOLOGY
Bi The project applicant shall prepare a Wetlands Mitigation Plan Completion and Prior to issuance City Planning
(WMP)that creates a minimum of 0.16 acres of wetland submittal of a of any grading or Director/
habitat resulting in no net loss of wetlands. There are two Wetlands Mitigation building permits. California
options available to the project applicant to comply with these Plan to the City. Department of
mitigation requirements: (a)develop the above mentioned Also requires City Fish and Game.
WMP,or(b)purchase mitigation credits from an approved approval.
JSerra High School Final EIR 7 July 2004
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CDFG mitigation bank that has been approved by the City
Planning Director.
Selection of the WMP by the project applicant requires
adherence to the following specific mitigation measures:
1. Implementation of the WMP shall occur in the same
watershed as the project site. Onsite mitigation is
preferred,but may not be considered feasible by the City
Planning Director. Consultation with the CDFG is
required to determine an appropriate mitigation site that
satisfies all of the mitigation requirements.
2. The WW shall be created using seeds from California
native species naturally occurring in the immediate
vicinity and shall include a mix of upland,wetland,and
erosion control components. Seeds,cuttings,mulches,and
potted plants shall be collected from local plant material,
as appropriate and available,and supplemented with
material from native plant nurseries. The project applicant
shall ensure that seeds used from nurseries are certified for
purity by a certified seed laboratory and does not contain
normative,invasive species.
3. Restoration/enhancement efforts shall focus on restoring
the WW to pre-project conditions with equivalent or
better habitat value for listed species.
4. WW site(s)shall be subject to maintenance during plant
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establishment(i.e.,normative species removal),which
shall include a minimum 5-year post-planting monitoring
period.
5. No net loss of wetland habitat incorporates both temporal
and spatial loss of wetlands as well as their functions and
values.
B2 Invasive, exotic weed,or normative species as identified in the The project Prior to issuance City Planning
California Noxious Weed Species List or the California landscaping design of any grading Director/Design
Invasive Plant Council Exotic Pest Plants of Greatest shall not contain any permit. Review
Ecological Concern shall not be used in the project's invasive,exotic Committee.
landscaping design. weed,or normative
species as identified
in the California
Noxious Weed
Species List or the
Califon-tia Invasive
Plant Council Exotic
Pest Plants of
Greatest Ecological
Concern.
B3 If construction/grading is to begin between January and Submittal of a raptor The raptor nest City Planning
September(to take into account early and late nesting raptors), nest survey to the survey and Director.
a qualified biologist shall conduct a raptor nest survey for a City Planning establishment of
300-foot perimeter extending beyond the project site. Should Department by a any potential 300-
active nests be noted within the project site perimeter,a 300- qualified biologist. foor buffer shall
foot buffer shall be established around any nest to ensure that Submittal of a be implemented
disturbance from construction/grading activity is minimized. sensitive bird survey no more than one
Buffers shall remain in place until a qualified biologist has to the City Planning week prior to
JSerra High School Final EIR 9 July 1004
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determined that the young have fledged(and the nest is no Department by a construction/
longer active).The raptor nest survey and establishment of any qualified biologist. grading initiation.
potential 300-foot buffers shall be implemented no more than Also requires City The sensitive bird
one week prior to construction initiation. Construction/grading approval. survey shall be
activity shall not occur within 300 feet of an active raptor nest. conducted no
more than one
Additionally,to avoid impacts to other sensitive bird species, week prior to any
no vegetation removal or other construction activities shall construction/
take place in the southern arroyo willow riparian area during grading initiation.
the breeding season(March 15 and August 15),unless a
qualified biologist has surveyed the riparian habitat and
concluded that no sensitive birds are nesting. This survey shall
be conducted no more than one week prior to any
construction/ in initiation.
R4 A focused burrowing owl survey shall be conducted per the Burrowing owl Prior to any City Planning
Burrowing Owl Survey Protocol and Mitigation Guidelines,as survey(and if vegetation Director.
outlined by the California Burrowing Owl Consortium. necessary,a removal or
Should this species be detected onsite,a Burrowing Owl burrowing owl construction/
Mitigation plan shall be developed and shall incorporate mitigation plan), grading activities.
measures as outlined by the California Burrowing Owl shall be submitted to
Consortium. the City Planning
Department. Also
requires City
approval.
5.4 CULTURAL RESOURCES
CRI. A minimum of three feet of fill shall be placed over all areasFVVe�rnification of fill Prior to and City Grading/
where burials and cremations are known to exist(the Sensitive depth within the during the grading Engineering
Area). Prior to placement of the fill, installation of some form I Sensitive Area by a activities. Director.
JSerra High School Final EIR 10 July 2004
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4,4 J
of horizon marker shall be utilized to ensure that there is no City Grading
inadvertent mixing of the archaeological matrix and the fill. Inspector.
Examples of such markers include a chemically inert filter
fabric or a layer of culturally sterile sand,gravel, filmace slag,
or a clay-gravel mix. The use of tightly-compacted clay is not
recommended because of the potential of altering the
permeability of the site. The City grading inspector shall
verify that the required fill depth has been placed in the
Sensitive Area.
CR2 Ground disturbing activities in the Sensitive Area shall be An archaeological During grading City Grading/
confined to the fill. Where this is not feasible for the monitor and a and construction Engineering
installation of light poles,ground disturbing activities that Native American activities. Inspector/
extend into or below the original ground surface in the monitor shall be archaeological
Sensitive Area shall be monitored by an archaeological present while monitor/Most
monitor and a Native American monitor in accord with the ground disturbing Likely
procedures outlined in Mitigation Measures CR5 and CR6. activities take place Descendent(as
Excavation below the original ground surface in the Sensitive as described in necessary)
Area shall be carried out by an archaeologist using hand mitigation measure
excavation methods until sterile(non-cultural)soil is reached. CR2,CRS,and
If burials are encountered,excavation shall be halted and the CR6. An
burial shall be left in place;the location of the light pole shall archaeological
be moved elsewhere. monitor shall carry
out excavation
below the original
ground surface in
the Sensitive Area.
CR3 Information about the important events that took place at the Preparation of a At the time of City Planning
site and information about the importance of the place in curriculum guide. completion of the Director.
Juaneflo heritage shall be made available to students and the project.
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'M R
rr,
public. This shall be accomplished through preparation of a
curriculum guide for use by teachers at JSerra High School,by
informational kiosks,displays,and/or pamphlets.
CR4 A historical/cultural exhibit that will provide a focal point for Completion of a At the time of City Planning
commemoration of Juanefto culture and history shall be built historical/cultural completion of the Director.
as part of the proposed JSerra High School facilities. This exhibit. project.
historical/cultural exhibit shall commemorate one of the
historical figures associated with the founding of Putiidhem.
Information about the importance of this exhibit shall be made
available nearby.
CR5 A qualified archaeologist(defined as an archaeologist on the A qualified During pre- City Planning
List of Certified Archaeologists for Orange County) shall be archaeologist shall construction Director.
retained(at the project applicant's expense)by the City of San advise construction meetings and
Juan Capistrano and shall be present at pre-construction contractors about during
meetings to advise construction contractors about the sensitive sensitive cultural construction
nature of cultural resources located on and/or in the vicinity of resources and activities.
the project site,as well as monitoring requirements. A monitoring
qualified monitor(defined as an individual with a bachelors requirements at the
degree in anthropology with archaeological monitoring pre-construction
experience),supervised by the qualified archaeologist,shall meetings.
observe on-and off-site construction activities that result in Observation by a
grading,and/or excavating on or below the original ground qualified monitor of
surface(including during project-related off-site utility[natural construction
gas,electricity, sewer,water,drainage,communications,etc] activities that result
and roadway improvements). Should nonhuman cultural in grading,and/or
resources be discovered,the monitor shall have the power to excavating on or
temporarily halt or divert construction activities until the below the original
qualified archaeologist can determine if the resources are ground surface.
JSerra High School Final EIR 12 July 2004
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significant and, if significant,until recovered by the Compliance with the
archaeologist. In the event that human remains are discovered, provisions of
construction activities shall be halted or diverted until the §7050.5 of the
provisions of§7050.5 of the Health and Safety Code and Health and Safety
§5097.98 of the Public Resources Code have been Code and §5097.98
implemented..' of the Public
Resources Code, if
necessary.
CR6 A Native American monitor shall observe construction/grading Monitoring of During City Planning
activities that result in grading,excavating, and/or trenching on construction construction/ Director.
or below the original ground surface.(including during project- activities that result grading activities.
related off-site utility [e.g.,natural gas,electricity, sewer, in grading,
water,drainage,communications,etc] and roadway excavating,and/or
improvements).. The Native American monitor shall consult trenching on or
with the archaeological monitor regarding objects and remains below the original
encountered during grading that may be considered sacred or ground surface by a
important. In the event that evidence of human remains is Native American
discovered,the Native American monitor shall verify that the monitor.
archaeologist has notified the Coroner as described in Compliance with the
Mitigation Measure CRS. provisions of
§7050.5 of the
Health and Safety
Code and§5097.98
of the Public
'.When human remains an discovered,state law requires that the discovery be reported to the County Coroner(§7050.5 of the Health and Safety Code). If the Coroner determines the
remains are,Native American,the Coroner notifies the Native American Heritage Commission which then designates a Native American Most Likely Descendent(MLD)for the project
(§5097.98 of the Public Resources Code). The designated MILD makes recommendations concerning treatment of the remains. If the landowner does not agree with the recommendations
of the MLD,the NAHC can mediate(§5097.94 of the Public Resources Code). If no agreement is reached,the landowner must rebury the remains where they will not be further disturbed
(§5097.98 of the Public Resources Code).
JSerra High School Final EIR 13 July 2004
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Resources Code, as
necessary.
CR7 The site plan shall provide accommodation for an area of Designated area Prior to issuance City Planning
approximately 100 square feet adjacent to the sidewalk/trail for shall be dedicated to of the first Director and
historic monumentation to provide public information about the City as part of building permit. Cultural Heritage
the cultural and historical aspects of the site. Said area may be the public right-of- Commission.
dedicated to the City as part of the public right-of-way. Final way. Final design
design and location of the monumentation area shall be subject and location of area
to review and approval by the Cultural Heritage Commission. is subject to
Installation of the monumentation shall be the responsibility of approval by the
the project applicant,and maintenance of the area shall be the Cultural Heritage
responsibility of the City if located in the public right-of-way. Commission.
CR8 A qualified paleontologist(defined as a paleontologist on the A qualified Prior to issuance City Planning
List of Certified Paleontologists for Orange County)shall be paleontologist shall of any grading Director.
retained(at the project applicant's expense)by the City of San advise construction permit.
Juan Capistrano and shall be present at pre-construction contractors about
meetings to advise construction contractors about the potential potential
occurrence of paleontological resources located on and/or in paleontological
the vicinity of the project site,as well as monitoring resources and
requirements. A qualified monitor(defined as an individual monitoring
with a bachelors degree in paleontology and monitoring requirements at the
experience), supervised by the qualified paleontologist, shall pre-construction
be on-site during construction activities that result in the meetings.
grading and/or excavating of current surface material Supervised monitor
(including during project-related off-site utility [e.g.,natural and paleontologist
gas,electricity, sewer,water,drainage,communications,etc.] shall observe the
and roadway improvements)to monitor for paleontological grading activities
resources. Should paleontological resources be discovered,the and recover
monitor shall have the authority totemporarily halt or divert potential resources
JSerra High School Final EIR 14 July 1004
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construction activities until the qualified paleontologist can encountered on site.
determine if the resources are significant. Significant
paleontological resources shall be recovered by the qualified
paleontologist.
5.5 GEOLOGY AND SOILS
GS1 The importation of fill material,grading activities,and project Compliance with the During grading City Planning
construction shall comply with the geotechnical Preliminary and construction Director.
recommendations contained in the Preliminary Geotechnical Geotechnical activities.
Investigation (Stoney-Miller Consultants 2003). This report Investigation
outlines specific construction recommendations for mitigating (Stoney-Miller
geologic conditions that shall be addressed during importation Consultants 2003).
of project site fill material,site grading,and project
development. Geologic conditions that shall be mitigated
include the following:presence of potentially unsuitable
material and/or expansive soils,settlement,earthwork,cut and
fill slopes/transitions/backcuts,surface and subsurface
drainage,and erosion. Placement of fill material over the
village site shall be under the supervision of the on-site
I archaeologist.
GS2 Prior to the issuance of a building permit,the City of San Juan Compliance with the Prior to issuance City Planning
Capistrano shall require that all development be designed in seismic design of a building Director.
accordance with seismic design provisions outlined in the provisions outlined permit.
Preliminary Geotechnical Investigation (Stoney-Miller in the Preliminary
Consultants 2003), specified in the most current Uniform Geotechnical
Building Codes adopted by the City of San Juan Capistrano, Investigation
and applicable provisions of Title 9,Chapter 10 of the Soil (Stoney-Miller
Subsidence Remediation Program. Consultants 2003).
Zerra High School Final EIR 15 July 2004
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5.6 HAZARDS AND HAZARDOUS MATERIALS
HAZ1 A Phase H Environmental Site Assessment (ESA) shall be Completion of a Prior to the City Planning
performed on the project site to assess potential soil and Phase II issuance of a Director.
groundwater contamination resulting from releases of gasoline Environmental Site grading permit.
from the adjoining Ultramar and Shell service stations, Assessment(ESA).
particularly the Ultramar service station. This study shall Issuance of a
conform to the guidelines set forth in the DTSC's Advisory NPDES permit and
Active Soil Gas Investigations (January 2003). The ESA shall treatment of the
include the performance of a soil vapor survey in the area groundwater to the
adjoining the Ultramar service station and the section of satisfaction of the
Junipero Serra Road adjoined by the Shell service station on Southern Orange
the north. Following the soil vapor survey, a soil and County Wastewater
groundwater investigation will be performed in the area. The Authority.
investigation will include the collection of soil and
groundwater samples from a minimum of ten points in the area
adjacent to the Ultramar service station (west and south of the
station) and Junipem Serra Road. The report on the
investigation will include a risk assessment using the
Department of Toxic Substances Control's unrestricted
(residential) land use scenario under the Preliminary
Endangerment Assessment(PEA)Guidelines.
Upon completion of the laboratory results from the vapor, soil,
and groundwater sampling, a comprehensive risk assessment
report will be prepared to conform to the DTSC's Preliminary
Endangerment Assessment Manual. The report will include
analytical results, soil boring logs, the results of the soil vapor
survey, and a description of the field methods. The report will
JSerra High School Final EIR 16 July 2004
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also include calculations of the risk to human health(including
toxicity hazard and cancer risk) posed by detected
contaminants such as pesticides and volatile organic
compounds (or natural metals) on the project site. The report
will include a discussion of exposure pathways and potential
concerns, and any additional investigations or remedial
measures that may be necessary. The following are a listing of
the required actions for the likely contamination scenarios:
1. No contamination found;no ftirther action required.
2. Low levels of contamination found, but below the
identified risk criteria. The data will be submitted to
the appropriate regulatory agency for their
consideration and potential remediation actions.
Remediation will be the responsibility of the
polluter(s)as determined by the regulatory agency.
3. Contamination levels detected in exceedance of the
risk criteria. The data will be submitted to the
appropriate regulatory agency for their remediation
action. Remediation will be the responsibility of the
polluter(s) as determined by the Regional Water
Resources Control Board and/or Orange County
Health Care Agency. Industry-accepted and
regulatory-approved methods of remediation will be
employed, including but not limited to: soil vapor
extraction; groundwater treatment using air sparging;
and bioremediation. No grading its shall be
JSerra High School Final EIR 17 July 2004
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4
7 7
issued by the City prior to the remediation of the site
to a level less than the identified performance standard
outlined below and approved by the Regional Water
Quality Control Board and/or Orange County Health
Care Agency.
The ESA shall be conducted prior to the issuance of a grading
permit by the City of San Juan Capistrano. Any on-site
dewatering activities conducted during project implementation
will require a NPDES permit and treatment/remediation of the
groundwater to the satisfaction of the Southern Orange County
Wastewater Authority. In accordance with the PEA
Guidelines, a cancer risk below I x 10E-6 (one in one million)
and a relative non-carcinogen toxicity hazard quotient below I
will constitute the performance standards. If significant risks
associated with hydrocarbon contamination or impacted
groundwater are encountered, any required cleanup or
monitoring would be performed by the responsible parties.
EL4,Z2 A Phase 11 Environmental Site Assessment(ESA)shall be Completion of a Prior to issuance City Planning
performed to evaluate the potential for the presence of Phase Il of a grading Director.
pesticide residues in the soil on the project site,resulting from Environmental Site permit.
historical agricultural usage. Soil samples will be collected Assessment.
throughout the site in accordance with the DTSC's Preliminary
Endangerment Assessment Manual and the"Interim Guidance
for Sampling Agricultural Fields for School Sites(Second
revision,August 2002)".The report on the investigation will
include a risk assessment using the DTSC's unrestricted
(residential)land use scenario.
JSerra High School Final EIR 18 July 2004
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This study shall be performed prior to the issuance of a grading
permit by the City of San Juan Capistrano. In accordance with
the PEA Guidelines,a cancer risk below I x 10E-6(one in one
million)and a relative non-carcinogen toxicity hazard quotient
below I will constitute the performance standards. If the
results of the investigation indicate the presence of significant
risks associated with pesticide residues, on-site Mitigation shall
require a soil cap of a minimum thickness of one foot and/or
an impermeable geosynthetic layer to be placed on the project
site underneath the proposed turf.
HAM The project applicant shall prepare a chemical usage plan in Submittal of a Prior to issuance City Planning
coordination with the OCFA Hazardous Materials Services chemical usage plan of any occupancy Director.
Section. All plans shall be submitted to the OCFA Planning to the OCFA permits.
and Development section for review to ensure proper chemical Planning and
storage,ventilation,and access prior to issuance of any Development
occupancy permits. These plans shall be consistent with section.
applicable OCFA Hazardous Material Disclosure and Business
Emergency Plan Programs.
5.7 HYDROLOGY AND WATER QUALM
BWQl The project applicant shall comply with a detailed hydrologic Compliance with the During project City Engineering
analysis that shall be prepared during the final engineering project hydrologic design, and Building
design process to verify actual design conditions associated analysis. Evaluation construction,and Inspector.
with the project and associated roadway improvements. The of the grading operation.
hydrologic analysis shall ensure that peak flow rates do not design by the City
significantly exceed the historical hydrologic flows. During Engineering and
this final design process the grading design shall also be Building Inspector.
JSerra High School Final EIR 19 July 2004
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low_
evaluated in detail by the City of San Juan Capistrano
Engineering and Building Director with respect to the
hydrologic requirements. All recommendations in the detailed
hydrologic analysis shall be implemented during project
design,construction, and operation. Compliance with this
measure shall be verified by the City of San Juan Capistrano
Engineering and Building Director.
HWQ2 Prior to the issuance of a grading permit by the City of San Submittal and Prior to issuance City Engineering
Juan Capistrano,the project applicant shall submit and obtain approval of an of a grading(for and Building
approval for an Erosion Control Plan,Water Quality Erosion Control Erosion Control Director.
Management Plan, Stormwater Pollution Prevention Plan Plan,Water Quality Plan,Water
(SWPPP),and post-construction stormwater management plan. Management Plan, Quality
These plans will identify specific measures to eliminate Stormwater Management Plan,
stormwater discharges into Arroyo Trabuco Creek and/or San Pollution Prevention Stormwater
Juan Creek during and after construction and shall consider Plan(SWPPP), and Pollution
necessary project-related off-site utility(e.g.,natural gas, post-construction Prevention Plan
electricity,sewer,water,drainage,communications,etc.)and stormwater (SWPPP),and
roadway improvements. The plans shall incorporate specific management plan. post-construction
pollution prevention measures,including but not limited to: Preparation of a stormwater
structural and non-structural BMPs; site design BMPs; and Notice of Intent management
treatment control BMPs. The SWPPP shall contain a site map Compliance with the plan). Prior to
showing the construction site perimeter,proposed requirements of the commencement of
infrastructure,stormwater collection,and drainage patterns. NPDES Stormwater construction(a
The SWPPP shall also include a visual monitoring program, a Permit,Order No Notice of Intent).
chemical monitoring program,and a sediment monitoring 99-06-DWQ,
program. Also as part of the SWPPP,a Notice of Intent shall NPDES No.
be prepared for the proposed project prior to commencement CAS000003,
of construction. The project applicant shall also comply with General
the requirements of the NPDES Stormwater Permit,Order No Construction
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99-06-DWQ,NPDES No. CAS000003,General Construction Stormwater Permit
Stormwater Permit(Order No. 99-08,NPDES No. (Order No. 99-08,
CAS000002),and the General Municipal Stormwater Permit NPDES No.
(Order No.R9-2002-0001,NPDES No.CASO 108740). CAS000002),and
Compliance with this measure shall be verified by the City of the General
San Juan Capistrano Engineering and Building Director. Municipal
Stormwater Permit
(Order No. R9-
2002-000I,NPDES
No. CAS0108740).
5.8 LAND USE
LUPI Prior to final Design Review Committee approval of any of the Submittal of a Prior to final The Planning
athletic facilities on the South Campus,the project applicant Parking Design Review Director/Design
shall submit to the City of San Juan Capistrano a Parking Management Committee Review
Management Program(PMP)that demonstrates that 819 Program. Also approval and on- Committee.
parking spaces is sufficient to meet the project's proposed requires City going operation
parking demand during normal school and nonschool hours. If approval. review.
the PMP indicates that 819 parking spaces is less than
sufficient,then the number of parking spaces determined to be
sufficient shall be provided. The PMP shall consist of a
projected,phased parking demand and drop-off circulation
schedules for school years 2004-2011 for students, staff,and
remaining tenants(located on the North Campus)for the
maximum allowable student population(2,000,as identified in
the EIR). The PW shall also identify the hours of operation,
attendance limits,and a special event management plan.
Special events at the South Campus shall be limited to 700
1 inbound trips during the PM peak hour. The PMP shall be
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enforced through Parking Management Officer established and
maintained by the project applicant, to coordinate,
communicate,control,and direct parking for all events held on
the South Campus. The PMP may provide for alternative
parking arrangements,on-or off-project site, subject to the
City's review and approval.
5.9 NOISE
NI The project applicant shall redesign the site plan to relocate all Approval of the Prior to final City Planning
basketball courts to the interior of the project site(where the revised project site Design Review Director/Design
tennis courts are currently proposed)and relocate the tennis plan. Committee Review
courts to where the basketball courts are currently proposed. approval. Committee.
Basketball courts shall not be located within 90-feet of a
residential land use. The project applicant must receive
approval of the revised project site plan prior to issuance of the
first building permit by the City.
N2 The proposed project site plan shall be revised to incorporate a Completion of the Prior to final City Planning
six-foot high masonry wall along the property line between the revised site plan that Design Review Director/Design
project site and the Casitas Capistrano Townhomes to reduce includes a six-foot Committee Review
noise levels at the townhomes to below the City's exterior high soundwall. approval. Committee.
noise threshold.
5.10 PUBLIC SERVICES
Psi Street improvement plans,location of fire hydrants in the Approval of street Prior to grading. City Planning
public right of way,emergency access including the spine improvement plans, Director.
access road,traffic/parking study,and the on-site driveway and location of fire
loading zone emergency access areas of the proposed project hydrants in the
shall be reviewed and approved by OCFA prior to grading. public right of way,
emergency access
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including the spine
access road,
traffic/parldng
study, and the on-
site driveway and
loading zone
emergency access
areas of the
proposed project by
OCFA.
PS2 The project applicant shall upgrade signal lights at the Completion of Prior to City Planning
intersections of Interstate-5 and Junipero Serra Road(both traffic signal light completion of the Director.
sides of the freeway),Juniperc, Serra Road and Camino upgrades as project.
Capistrano,and when signalized,Oso Road and Camino described in
Capistrano to provide for pre-emption devices. The project Mitigation Measure
applicant will also provide funding to OCFA for the operating PS2. Submittal of
devices for the first alarm units(8 devices)if Opticom is not funding to OFCA
the installed system. for the first alarm
units(8 devices)if
Opticorn is not the
installed system.
PS3 The project applicant shall contract with a City-approved Contracting an Ongoing City Planning
emergency medical service provider to be located on-site emergency medical implementation Director.
during special event functions on the South Campus. service provider for during special
each special event event functions on
function. the South
Campus.
5.11 TRANSPORTATION AND TRAFFIC
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TTl The project applicant shall add a second turn lane at the Completion of a Prior to City Planning
intersection of Camino Capistrano and Del Obispo Street, or second turn lane at enrollment of 671 Director.
provide payment of CCFP fees for the Alipaz Street extension the intersection of students or as
to Oso Road. Camino Capistrano specified in the
and Del Obispo Development
Street,or provide Agreement.
payment of CUP
fees for the Alipaz
Street extension to
Oso Road.
IT2 At the intersection of Camino Capistrano and Junipero Serra Addition of a second Prior to student City Planning
Road,the project applicant shall add a second northbound northbound through enrollment Director.
through lane,northbound right-turn lane, second westbound lane,northbound reaching 501
left-turn lane,and westbound right-turn lane. right-turn lane, students or as
second westbound specified in the
left-turn lane,and Development
westbound right- Agreement.
turn lane at the
intersection of
Camino Capistrano
and Jumpero Serra
Road-
TT3 At the Interstate-5 northbound at Juniperc,Serra Road Completion of the Prior to City Planning
intersection,the project applicant shall add a second traffic enrollment of the Director.
northbound left-turn lane on the northbound off-ramp, either improvements 15W student at
through restriping or widening,creating dual northbound left- associated with JSerra High
turn lanes(one of which is a shared left-/right-tum lane). In Junipero Serra School.
addition,as a result of the installation of dual northbound left- Road,as described
turns on the northbound off-ramp,Jumpero Serra Road under in Mitigation
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the freeway bridge shall be widened to provide a second Measure Tri
westbound through lane between the southbound and (includes approval
northbound ramps for the added northbound left-turn lane to from Caltrans and
turn into. This mitigation is subject to Caltrans approval and issuance of
issuance of encroachment permits. encroachment
permits.
TT4 The project applicant shall provide for signalization of the Completion of Prior to Berra City Planning
Camino Capistrano and Oso Road. Signalization shall occur signalization of the High School Director.
prior to JSerra High School enrollment reaching 671 students. Camino Capistrano enrollment
Coordination with Metrolink and the California Public Utilities and Oso Road. reaches 671
Commission shall be required prior to signalization. students or as
specified in the
Development
Agreement.
TT5 In order to mitigate the impact on the project driveway and Completion of As specified in the City Planning
Junipero Serra Road intersection,the project applicant shall traffic Development Director.
install a traffic signal,provide coordination with the closely improvements at the Agreement.
spaced signals at Camino Capistrano and Interstate-5 ramps, project driveway
and add a eastbound left-turn lane,westbound left-turn lane, and Junipero Serra
and westbound right-turn lanes. Road intersection,as
described in
Mitigation Measure
TT5.
TT6 The project applicant shall widen the segment of Camino Completion of Prior to student City Planning
Capistrano between Junipero Serra Road and Oso Road along widening and enrollment Director.
the project frontage to provide four travel lanes. This segment striping the segment reaching 501
of Camino Capistrano shall also be striped on both sides with of Camino students or as
Class H bicycle lanes. Capistrano between specified in the
Junipero Serra Road Development
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and Oso Road along Agreement.
the ro'ect fronts e.
TT7 The project applicant shall.provide payment of CUP fees for. Submit payment of As specified in the City Planning
the Alipaz Street extension to Oso Road. CUP fees of Alipaz Development Director.
Street extension to Agreement.
Oso Road.
TT8 The project applicant shall widen the segment of Junipero Completion of Prior to student City Planning
Serra Road between Camino Capistrano and the Interstate-5 widening the enrollment Director.
southbound ramp along the project frontage to provide four segment of Junipero reaching 501
travel lanes. Serra Road between students or as
Camino Capistrano specified in the
and the Interstate-5 Development
southbound ramp Agreement.
along the project
frontage.
TT9 The project applicant shall provide payment of CUP fees for Submit payment of As specified in the City Planning
the Alipaz Street extension to Oso Road. CUP fees for Development Director.
Alipaz Street Agreement.
extension to Oso
Road.
TTIO The project applicant shall provide payment of CUP fees for Submit payment of As specified in the City Planning
the Alipaz Street extension to Oso Road. CCFP fees for Development Director.
Alipaz Street Agreement.
extension to Oso
Road.
IT1 I The project applicant shall provide crosswalks at all legs of the Completion of Prior to allowing City Planning
intersection at Camino Capistrano and Oso Road prior to crosswalks at all public use or Director.
allowing public use or access of the project site. legs of the access of the
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intersection at project site.
Camino Capistrano
and Oso Road.
TT12 The project applicant shall identify bicycle parking facilities Identification of Prior to City Planning
on the JSerra High School South Campus Site Plan that are bicycle parking completion of the Director.
situated throughout the project site to accommodate student or facilities. project.
community resident cyclists using recreation facilities.
TT13 The project applicant shall construct the meandering pathway Completion of Prior to City Planning
at the project's western boundary(east side of Camino construction of the completion of the Director.
Capistrano)at a width of at least ten feet to meet OCTA meandering pathway project.
standards for a regional Class I bike facility, unless Mitigation at the project's
Measure`IT6 is determined to be adequate by the City and western boundary.
I OCTA in lieu of a Class I facility on the project site.
5.12 UTILITIES
UT1 The project applicant shall submit a hydraulic analysis to the Submittal of a Prior to issuance City Public Works
City of San Juan Capistrano Public Works Department that hydraulic analysis to of a building Department.
would demonstrate that the proposed on-site water facilities the City Public permit.
are adequate to provide the project's water demands for Works Department.
domestic use and fire protection. The on-site water system
shall be a private water system,which will connect to a City
maintained 12-inch high pressure water main located in
Junipero Serra Road and/or Camino Capistrano. These
connections shall be subject to the submission and review of
civil improvement plans and the hydraulic analysis. If the on-
site water system cannot be designed to meet the required fire
flow demand as determined by OCFA,the applicant shall be
responsible to design,permit,construct,and pay for
I modifications
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LTT2 The project applicant shall construct a separate water service Completion of a Prior to issuance City Public Works
connection that is adequate to provide the necessary water water service of a building Department.
demand for irrigation and landscaping. This water service connection. permit.
connection shall be to a City maintained water main located in
Camino Capistrano. These connections shall be subject to the
submission,review,and approval of civil improvement plans
and the irrigation/landscape plans. The irrigation facilities
shall be designed in accordance with the City of San Juan
Capistrano's Water Standards and Specifications,Rules and
Regulations for Users of Non-Domestic Water,and the
Municipal Code § 9-3.617(Water Conservation Landscape).
The design shall include improvements that are identified for
use of non-domestic water(recycled water)and shall be
connected to non-domestic water facilities when they become
available.
UT3 The project applicant shall dedicate the water rights to the City Submittal of water Prior to issuance City Planning
of San Juan Capistrano for the additional impact on the water rights to the City. of a building Director.
system. Said water rights are required to support the City's permit.
participation in the Desalination/Ground Water Recovery
project.
UT4 Prior to issuance of an occupancy permit,the project applicant Emplementation.of Prior to approval City Planning
shall coordinate with City staff and develop and implement a Solid Waste of final inspection Director.
Solid Waste Reduction/Recycling Management Program for Reduction/ of each phase.
the project site. Features of the program shall include,but not Recycling
be limited to: 1)distribution of separate receptacles for Management
recyclables and trash throughout the project site; 2) separate Program.
dumpsters for recyclables and trash; 3) signs posted near all
receptacles conveying informing regarding recyclable
materials;4)sorting of trash collected throughout the project I
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site by facilities staff prior to dispensing in dumpsters;and, 5)
restrictions on product type that will be offered at concessions
or vending throughout the project site.
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