Resolution Number 97-5-6-4Kill]
RESOLUTION NO. 97-5-6-4
CERTIFYING AND APPROVING
A MITIGATED
NEGATIVE
DECLARATION -
REZONE 96-1 AND
ARCHITECTURAL
CONTROL
96-6
(RESCO DEVELOPMENT
COMPANY/GATEWAY
COMMUNITY
CHURCH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING AND APPROVING A
MITIGATED NEGATIVE DECLARATION PREPARED FOR REZONE 96-1
AND ARCHITECTURAL CONTROL APPLICATION 96-6 LOCATED AT THE
SOUTHWEST CORNER OF RANCHO VIEJO ROAD AND VIA ESCOLAR
(RESCO DEVELOPMENT COMPANY/GATEWAY COMMUNITY CHURCH)
WHEREAS, the applicants, Donald Soderling, Resco Development Company, 4040
Baranca Parkway, Suite 210, Irvine, CA 92714, and James Tracy, Gateway Community Church,
31511 La Novia Avenue, San Juan Capistrano, CA 92675, have submitted a request to amend
specific development plan 90-02, to permit a 25,927 square foot church and a professional office
building site to be developed at a later date. The site is approximately 11.6 acres located at the
southwest of the intersection of Rancho Viejo Road and Via Escolar, is within the Planned
Development Zone District, and is designated 5.0 (Public Institutional) on the General Plan Map; and
WHEREAS, in accordance with the adopted Environmental Guidelines for the City
of San Juan Capistrano and all applicable provisions of the California Environmental Quality Act
(CEQA) and CEQA Guidelines, the City had prepared an initial study to determine the possible
environmental impacts of the above proposed applications; and,
WHEREAS, this Initial Study has been reviewed in accordance with the California
Environmental Quality Act, (CEQA, 1970), in that on December 10, 1996 the City's Environmental
Administrator reviewed this proposal and determined that it qualifies for issuance of a mitigated
negative declaration, and all mitigation measures are included as conditions of approval in this
resolution; and
WHEREAS, on December 31, 1996, Robert King, on behalf of "Save Our San
Juan", appealed the Environmental Administrator's decision to issue a mitigated negative declaration
to the City Council; and,
WHEREAS, at their March 4, 1997 meeting, the City Council, after due
consideration, the found that no substantial evidence had been presented that the project would have
a significant impact on the environment, and affirmed the Environmental Administrator's decision and
denied the appeal; and,
WHEREAS, on April 8, 1997 the Planning Commission held a duly noticed public
hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration,
RZ 96-01 and AC 96-06, and found that comments presented at the public hearing had been
addressed by the inclusion of specific regulations and standards in Specific Development Plan 90-02
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as amended by RZ 96-01 and the identified mitigation measures included as specific conditions of
approval that no significant impacts to the environment will result and therefore recommended
approval of a mitigated negative declaration, RZ 96-01, and AC 96-06; and
WHEREAS, on May 6, 1997 the City Council held a duly noticed public hearing to
consider testimony both in opposition to, and in favor of, a mitigated negative declaration, RZ 96-01
and AC 96-06.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby find Pursuant to State EIR Guidelines Section 15074, that on the basis
of the initial study, the mitigation measures contained in the mitigated negative declaration, as issued
by the City's Environmental Administrator, and the specific conditions of approval and specific
regulations and standards in Specific Development Plan 90-02 as amended by RZ 96-01, and a finding
that no substantial evidence has been received, that the project will have a significant effect on the
environment.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby certify the Mitigated Negative Declaration, subject to the following:
Mitigation Measures:
MR ta01
Mitigation measure #1: Prior to issuance of a grading permit, the soils report update letter and
previously completed soils and geotechnical studies shall be subject to third party review to determine
grading plan compliance with applicable City grading standards and professionally -accepted design
approaches.
Mitigation measure #2: Proposed retaining walls 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.
Mitigation measure #3: Finished slopes shall not exceed a maximum finished grade of 2:1.
Mitigation measure 94: In the event grading would occur during the winter wet season as
determined by the Chief Building Official, the City may require and the applicant will be required to
install and maintain sediment and erosion control devices to protect graded hillsides.
r
Mitigation measure 95: In conjunction with grading permit review and issuance, the applicant shall
submit dust control plans and procedures for reducing dust and particulate matter (PM10) emissions
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associated with grading and construction to the satisfaction of the Planning Director or his designee.
Plans and procedures for PM 10 emissions reduction will be consistent with AQMD Rule 403 and may
include use of soil binders, truck washing, street sweeping, and vehicle maintenance.
WATER:
Mitigation measure #6: Prior to approval of any improvement plans, the applicant shall submit
detailed hydraulic/hydrologic reports and a stormwater management plan which evaluates drainage
areas, stormwater runoff, existing and proposed stormwater drainage facilities consistent with the
City's public facility standards to the satisfaction of the City Engineer.
Mitigation measure #7: Prior to approval of any stormwater drainage improvement plans, the
applicant shall design such plans to comply with the City's "Master Plan of Drainage" subject to the
satisfaction of the City Engineer.
Mitigation measure #8: Prior to issuance of any building or grading permits, the City Engineer or
his designee shall determine that the existing public stormwater 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 stormwater drainage facilities in order to
accommodate the project's runoff.
LIGHT AND GLARE:
Mitigation measure #9: Prior to Planning Commission review of the architectural control
application, the applicant shall prepare and submit a lighting plan. The lighting plan shall include the
location of all lighting, fight source (high pressure sodium, metal halide), lens (NEMA) type, height,
mounting (building, pole, etc.), vertical tilt, horizontal orientation, and cutoff/shielding type. The
lighting plan shall be designed to comply with the provisions of Section 9-3.614, Lighting of the Land
Use Code as determined by the Commission.
Mitigation measure #10: Prior to Planning Commission review of the architectural control
application, the applicant shall prepare and submit a photometric analysis of the lighting plan. The
photometric analysis shall evaluate lighting intensity to the nearest 0.1 footcandle on not less than ten
foot grid, and evaluate adequate off-site area to demonstrate compliance with City standards.
Mitigation measure #11: All exterior lighting fixtures shall be provided with shielding and situated
so that direct light does not encroach on adjoining residential properties, in particular the Spotted Bull
Lane and Country Hills Estates neighborhoods.
TRANSPORTATION:
Alternate mitigation measure #12: The Specific Development Plan (SDP) shall be revised to limit
permitted uses of the project site to church and religious institution uses; or,
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Prior to the issuance of a building permit for the 2.3 acre graded pad, the applicant shall submit a
description of the proposed use and staff will prepare a trip generation analysis for the project,
including previously approved project elements/phases. Based on Administrative Policy #310 and
the trip generation analysis, the City may require preparation of a traffic analysis. In the event a
traffic analysis is required and determines significant impacts, the City may require the applicant to
pay the "fair -share" cost of improvements prior to building permit issuance.
AESTHETICS:
Mitigation measure #13: Existing streets trees along the property frontage shall be protected during
construction phase. Prior to issuance of an occupancy permit, the City will inspect the condition of
street trees along the project frontage and may require replacement, as appropriate.
Mitigation measure #14: The manufactured slopes proposed as part of the grading concept shall
be landscaped consistent with the slope plant palette established as part of the "Rancho Viejo Road
Concept Plan"
ARCHEOLOGICAL/HISTORICAL:
Mitigation measure #15: Prior to issuance of a grading permit, the applicant will retain the services
of a SOPA (Society of Professional Archaeologists) -certified archeologist who will monitor all
grading and excavation for potential impacts on cultural resources including archeological,
paleontological, and historic resources. The applicant will provide an executed contract for services
with a SOPA-certified archeologist including a scope -of -work which provides for comprehensive
monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a
technical memoranda or report. In the event cultural resources are encountered during grading, the
monitor may cease grading operations, consistent with City Council policy, to allow for the
assessment, recovery, and/or evaluation of any cultural resources.
PASSED, APPROVED, AND ADOPTED this 6th day of
May 1997.
DAVID M. SWERDLIN, MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
97-5-6-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of May 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Hart and
Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: Council Member Campbell
(SEAL)
CHERYL JQRNSON, CITY CLERK
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