Resolution Number 96-3-19-9380
RESOLUTION NO. 96-3-19-9
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND APPROVING THE PUBLIC IMPROVEMENT PLANS
FOR A CAPITAL IMPROVEMENT PROJECT TO CONSTRUCT A NEW
GRAVITY SEWER LINE (MARBELLA PUMP STATION GRAVITY SEWER)
WHEREAS, the City Council has adopted the Fiscal Year 1996-2002 Seven -Year
Capital Improvement Program, which includes funding,for the Marbella Pump Station Gravity Sewer
from the sewer enterprise fund; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Municipal Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act and has issued a Negative Declaration,
and caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental
Review Guidelines. Furthermore, applicable mitigation measures have been included herein as
' conditions of approval, and the City has otherwise complied with all applicable provisions of the
California Environmental Quality Act; and,
WHEREAS, the Planning Commission has considered the Environmental Review
Board's determination pursuant to Section 15074 of the California Environmental Quality Act, and
conducted a public meeting on February 27, 1996, pursuant to Section 9-2.313 of the Municipal Code
to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan, specifically, the Public Facilities and Utilities Element because the
project will assure that continuous sewer service will be provided to the service area presently served
by the Marbella Pump Station; and,
2. The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan, specifically, the Historic/Archaeologic Element because the project
will assure that continuous sewer service will be provided to the service area presently served by the
Marbella Pump Station; and,
' 3. The proposed project complies with all applicable provisions of the Land Use
Code subject to the mitigation measures and conditions of approval contained in this resolution, and
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the proposed project complies with all applicable provisions of the City's administratively approved
Public Facility Standards for public works projects.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby approves a mitigated negative declaration and the public improvement plans for
the Marbella Pump Station Gravity Sewer subject to the following mitigation measure(s) and
condition)s of approval:
The "contractor's agreement" shall contain the following language or comparable
language approved by the Planning Director:
"The contractor shall retain the services of a SOPA-certified archeologist,
subject to acceptance by the City, who will monitor all excavation for
potential impacts on cultural resources consistent with City Council Policy
605. The monitor may cease grading operations, consistent with City Council
policy, to allow for the assessment, recovery, and/or evaluation of any cultural
resources. Following the completion of construction, the archeologist will
submit a technical memorandum to the City which describes the monitoring
process, significant findings, mitigation, and the disposition of cultural
resources."
PASSED, APPROVED, AND ADOPTED this
March , 1996.
ATTEST:
CITY CLE
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r.
J ell,
T�fIART, MAYOR
19th
day of
WE
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.
96-3-19-9 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of March 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
C RYL JOHMON4tITY CLERK
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