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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 r� \ . 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 JSerra High School Final EIR 4 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT sm x ERiL�3+G ss 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). JSerra High School Final ElR g 5 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT a "e- _0=1M 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 'RE 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT Z� � 4 6 1V I,- e-1 Fi 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 JSerra High School Final EIR 8 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM BERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT WEV F TEAS- y. 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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. JSerra High School Final EIR 11July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT '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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT -n-7, mk% J S 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSEPRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT v� 7j, 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT F' 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT A&I fnm 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT Yz' A 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 JSerra High School Final EIR 20 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 Zerra High School Final EIR 11 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT ME 'N 0 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 JSerra High School Final EIR 22 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT J 0- 7 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 JSerra High School Final EIR 23 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 71 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 JSerra High School Final EIR 24 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 77, - 4- A, -pq W'k 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 JSerra High School Final EIR 15 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 JSerra High School Final EIR 26 July 1004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT *ANA '7 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 JSerra High School Final EIR 27 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT 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 JSerra High School Final EIR 28 July 2004 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM JSERRA HIGH SCHOOL ENVIRONMENTAL IMPACT REPORT iW- WK 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. JSerra High School Final EIR 29 July 2004