Resolution Number 98-5-19-6061
RESOLUTION NO. 98-5-19-6
CONFRIMING MITIGATED NEGATIVE DECLARATION -
VALLE ROAD SELF STORAGE/NESS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION FOR GENERAL PLAN AMENDMENT 95-4, REZONE 97-5,
HILLSIDE MANAGEMENT 97-3 AND ARCHITECTURAL CONTROL 97-6,
PERMITTING THE CONSTRUCTION OF A SELF -STORAGE FACILITY ON
A PARCEL OF LAND LOCATED AT THE CONFLUENCE OF INTERSTATE 5
AND VALLE ROAD AND BETTER KNOWN AS ASSESSOR'S PARCEL
NUMBER 666-301-02 (VALLE ROAD SELF STORAGE/NESS)
WHEREAS, Ms. Elizabeth Ness, 1561 West Minerva, Anaheim, California 92802,
is owner of real property described as Assessor's Parcel Number 666-301-02 and located at the
confluence of Interstate 5 and Valle Road; and,
WHEREAS, the applicant, Mr. Dan Hunter, on behalf of Dan Berg Development,
31831 Camino Capistrano, Suite 150, San Juan Capistrano, California 92675, has requested approval
to amend the General Plan designation for the site and change the zoning on the above-mentioned
property so that "self -storage" is identified as a permitted use; and,
WHEREAS, the applicant has also requested approval to construct a 107,358 -square -
foot self -storage facility on a site; and,
WHEREAS, the project has been reviewed in accordance with the California
Environmental Quality Act of 1970. On October 14, 1997, the City's Environmental Administrator
reviewed this proposal and determined that it qualified for issuance of a mitigated negative
declaration, and all mitigation measures are included in this resolution; and,
WHEREAS, on February 10, 1998, the Planning Commission held a duly -noticed
public hearing to consider testimony, both in opposition to and in favor of, a mitigated negative
declaration, General Plan Amendment 95-4, Rezone 97-5, Hillside Management 97-3, and
Architectural Control 97-6 and forwarded a recommendation of approval to the City Council; and,
WHEREAS, on April 7, 1998, the City Council held a duly -noticed public hearing
to consider testimony, both in opposition to and in favor of, a mitigated negative declaration, General
Plan Amendment and Rezone application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby find that the mitigation measures contained in the mitigated negative
declaration, as issued by the City's Environmental Administrator, will reduce potentially significant
environmental impacts to a level of insignificance.
BE IT FURTHER RESOLVED, that the City Council confirms a mitigated negative
declaration for General Plan Amendment 95-4, Rezone 97-5, Hillside Management 97-3 and
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Architectural Control 97-6; a 107,358 -square -foot self -storage facility proposed for a parcel of land
located at the confluence of Interstate 5 and Valle Road subject to the following mitigation measures:
GEOLOGIC:
Mitigation measure #1: Prior to issuance of a grading permit, the applicant shall submit a "Subsurface
Geotechnical Investigation" completed by a registered engineering geologist professionally certified
by the State of California to conduct such work subject to approval by the Chief Building Official.
The proposed preliminary grading design will be based upon the analysis and recommendations
contained in that "Subsurface Geotechnical Investigation." Any change in recommendations and/or
design shall be subject to review and approval by the City Engineering and Building Department. The
"Subsurface Geotechnical Investigation" shall include a discussion of landslide potential and shall
include specific grading design recommendations.
Mitigation measure #2: Proposed retaining was shall. be designed by a professional engineer and
constructed to standards and specifications established by the City Engineer. In conjunction with the
submission of improvement plans for proposed retaining walls, the applicant shall submit a soils
study/geotechnical report prepared by a qualified engineering geologist which analyzes soils and
geologic conditions and provides specific recommendations on the design of the proposed retaining
walls.
WATER:
Mitigation measure #3: Prior to the approval of a grading permit, the applicant shall submit a detailed
hydraulic/hydrologic report which evaluates drainage areas, storm water runoff, and existing and
proposed storm water drainage facilities to the satisfaction of the City Engineer. Prior to issuance
of any building or grading permits, the City Engineer or his designee shall determine that the existing
public storm water drainage facilities potentially impacted by the project are adequate to
accommodate all drainage associated with the subject proposal. The City Engineer may require
upgrade of the existing public storm water drainage facilities in order to accommodate the project's
runoff.
Mitigation measure #4: The project shall be responsible for implementing erosion control measures
conforming to City standards for all graded or cleared areas on the site to reduce silt loading of
surface waters including diversion dikes, sand bags, straw bales, siltation basins or other erosion -
control and silt settling structures as determined by the City Engineer or his designee.
AIR:
Mitigation measure #5: Prior to issuance of a grading permit, the applicant shall submit dust control
plans/procedures for managing/reducing dust and PM10 emissions associated with grading and
construction to the satisfaction of the Planning Director or his designee. Plans/procedures for PM10
emissions reduction will be consistent with South Coast Air Quality Management District Rule 403
and may include use of soil binders, truck washing, street sweeping, and regular vehicle maintenance.
BIOLOGICAL RESOURCES:
Mitigation measure 96: Prior to issuance of any grading permit, the project shall retain a qualified
wildlife biologist to conduct a field survey of the project site to determine the existence of either
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"coastal sage scrub" plant communities or related associations and/or the California black -tailed
gnatcatcher using protocols established by the U.S. Fish and Wildlife Service and California
Department of Fish and Game. In the event the field survey would determine the existence on-site
of either 'coastal sage scrub" plant communities or related associations and/or the California black -
tailed gnatcatcher, then prior to grading permit issuance, the project shall secure necessary approvals
from the U.S. Fish and Wildlife Service and California Department of Fish and Game and provide
written evidence to the City.
AESTHETICS:
Mitigation measure 47: Prior to building permit issuance, the project shall be reviewed for
conformance with the approved 'lighting photometric plan" (sheet 10 of 12) and demonstrate
compliance with Section 9-3.614, Lighting, of the Municipal Code, as determined by the Planning
Director. All lighting shall be consistent with the approved 'lighting photometric plan" with respect
to light type (high pressure sodium, metal halide), lens (NEMA) type, height, mounting (building,
pole, etc.), vertical tilt, horizontal orientation, cutoffJshielding type, and location.
CULTURAL RESOURCES:
Mitigation measure #8: Prior to issuance of a grading permit, the applicant will retain the services of
a SOPA (Society of Professional Archaeologists) -certified archaeologist who will monitor all grading
and excavation for potential impacts on cultural resources with particular attention to paleontological
resources. The applicant will provide an executed contract for services with a SOPA-certified
archaeologist, including a scope of work which provides for comprehensive monitoring; a
contingency for assessment, recovery, and/or evaluation; and the preparation of a technical
memoranda or report following completion of monitoring activities. In the event any cultural
resources are encountered during grading, the monitor may cease grading operations, consistent with
City Council policy, to allow for the assessment, recovery, and/or evaluation of any cultural
resources. Prior to issuance of an occupancy permit, the project shall submit a completed technical
memoranda or report detailing the monitoring activities, findings, and significance of any uncovered
resources.
PASSED, APPROVED, AND ADOPTED this t9th day of
May 1998.
ATTEST:
CITY CLERK
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M
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
9R- S-1 9-6 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of May 1998, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart
and Mayor Jones
NOES: Council Member Campbell
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSOY, CITY CLERK
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