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Resolution Number 92-7-21-5RESOLUTION NO. 92-7-21-5 CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT - SAN JUAN MEADOWS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT 92-1, REZONE 91-1, AND VESTING TENTATIVE TRACT MAP 14343, SAN JUAN MEADOWS WHEREAS, the City of San Juan Capistrano wishes to approve an amendment to Comprehensive Development Plan 81-1 (Forster Canyon Planned Community and Comprehensive Development Plan) for the 148 -acre San Juan Meadows property located in the City of San Juan Capistrano in Sections 7 and 18 of Township 8 South, Range 7 West and Sections 12 and 13 of Township 8 South, Range 8 West of the San Bernardino Base and Meridian; and, WHEREAS, an Environmental Impact Report (EIR) has been prepared to address the environmental effects, mitigation measures, and project alternatives associated with the proposed General Plan Amendment, Amendment to the Comprehensive Development Plan, and Vesting Tentative Tract Map; and, WHEREAS, the Environmental Impact Report was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines; and, WHEREAS, written and oral comments on the Environmental Impact Report were received from the public and responsible agencies during and after the review period; and, WHEREAS, the San Juan Capistrano Planning Commission and City Council conducted public hearings to receive all public testimony with respect to the Environmental Impact Report; and, WHEREAS, such documents and testimony were responded to through a Response to Comments document and various staff reports submitted to the City of San Juan Capistrano; and, WHEREAS, the City Council of the City of San Juan Capistrano has reviewed all environmental documentation comprising the Environmental Impact Report and has found that the Environmental Impact Report considered all environmental effects of the proposed project and is complete and adequate and fully complies with all requirements of the California Environmental Quality Act and the Guidelines; and, WHEREAS, Section 21081 of the California Environmental Quality Act and Section 15491 of the California Environmental Quality Act Guidelines require that the City Council make one or more of the following findings prior to approval of a project for which an Environmental Impact Report has been completed, identifying one or more significant effects of the project, along with a statement of facts supporting each finding: -1- MM Findin 1 - Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the Environmental Impact Report. Finding 2 - Such changes or alternations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by other such agency or can and should be adopted by such other agency. Finding 3 - Specific economic, social, or other considerations make infeasible the mitigation measures or other project alternatives identified in the Environmental Impact Report; and, WHEREAS, Section 15093(a) of the Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and, WHEREAS, Section 15093(b) requires, where the decision of the City Council allows the occurrence of significant affects which are identified in the Environmental Impact Report but are not mitigated, the City must state in writing the reasons to support its action, based on the Environmental Impact Report or other information in the record; and, WHEREAS, this City Council has reviewed and considered all of the environmental documentation prepared to evaluate the proposed project, including all elements of the Environmental Impact Report; and, WHEREAS, this City Council contemplates and directs continuing compliance with the California Environmental Quality Act and the Guidelines as necessary in the implementation of the phases and elements of the project; and, WHEREAS, this City Council by this Resolution adopts the Statement of Facts as required by Section 15091 and 15093 of the Guidelines. 1. The Final Environmental Impact Report is composed of the following elements: a. Draft Environmental Impact Report. b. Appendices to the Draft Environmental Impact Report. C. City of San Juan Capistrano Planning Commission staff reports dated May 4, and June 9, 1992. d. Minutes of the San Juan Capistrano Planning Commission meetings dated May 4, and June 9, 1992. e. Minutes of the San Juan Capistrano City Council meeting dated July 7, 1992. f. Comments received on the Draft Environmental Impact Report and responses to those comments. -2- g. All attachments, incorporation, and references delineated in a -f above. All of the above information has been and will be on file with the San Juan Capistrano Planning Department, 32400 Paseo Adelanto, San Juan Capistrano, California. 2. This City Council makes the findings contained in the Statement of Facts with respect to significant effects identified in the Final Environmental Impact Report and finds that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final Environmental Impact Report. The Statement of Facts is attached hereto (Attachment A) and incorporated herein by this reference. 3. This City Council finds that the Final Environmental Impact Report has identified all significant environmental effects of the project and that there are no known potential environmental effects not addressed in the Final Environmental Impact Report. 4. This City Council finds that although the Final Environmental Impact Report identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly mitigated or avoided have been reduced to an acceptable level by the imposition of mitigation measures on the approved project. All mitigation measures shall be incorporated into conditions of approval. 5. This City Council finds that potential alternatives not incorporated into the project (including the "No Project" alternative) were rejected as infeasible, based upon specific economic, social, or other considerations as set forth in the Statement of Facts and the Final Environmental Impact Report. A Mitigation Monitoring Plan is contained in Attachment B. 6. The City Council finds that all unavoidable significant impacts of the project, as identified in the Statement of Facts, that have been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of mitigation measures which shall be incorporated into conditions of approval. 7. This City Council finds that the Final Environmental Impact Report has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project (including the "No Project" alternative), even when these alternatives might impede the attainment of project objectives and might be more costly. Further, this City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft Environmental Impact Report and all reasonable alternatives were considered in the review process of the Final Environmental Impact Report and ultimate decisions on the project. -3- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby certify the Final Environmental Impact Report for San Juan Meadows as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with all requirements of the California Environmental Quality Act and the State the California Environmental Quality Act Guidelines. PASSED, APPROVED, AND ADOPTED this of July , 1992. ATTEST: 21st day / �.� mow, w .�� 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. 92-7-21-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of July , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) .�nO ���i, CHERYL JOH N, TY I ` CLERK -4- ®33 ATTACHMENT A SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE IMPLEMENTATION OF THE AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 81-1 (SAN JUAN MEADOWS) RZ-91-01, GENERAL PLAN AMENDMENT 92- 01, VESTING TENTATIVE TRACT MAP 14343, AND DEVELOPMENT AGREEMENT IN THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant effect as identified by the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines." The City Council of the City of San Juan Capistrano is considering approval of an Amendment to Comprehensive Development Plan 81-1 (RZ 91-01), General Plan Amendment 92-01, Vesting Tentative Map 14343, and Development Agreement. Because the proposed actions constitute a project under the CEQA Guidelines, the City of San Juan Capistrano has prepared an Environmental Impact Report (EIR). The EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present, or reasonably foreseeable future projects. Further, the San Juan Capistrano City Council desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth herein are made: — EFFECTS DETERMINED TO BE INSIGNIFICANT INITIAL STUDY The City of San Juan Capistrano Planning Department prepared an Initial Study to identify effects of the proposed project which are not potentially significant. Those topics which were determined not to be significant are stated below: Earth F. The project will not result in any changes in deposition or erosion of beach sand or the modification of any river or stream channel. Air B. Implementation of the project will not result in the creation of objectional odors. C. The project will not cause any alteration of air movement, either locally or regionally. Water A. No changes in currents or the course or direction of water movements will be caused by the project. C. The project is not located in a floodplain area. Therefore, it will not result in any alteration to the course or flow of flood waters. D. The project will not cause a change in the amount of water in any surface water body. E. Implementation of the project will not cause the discharge of any pollutants which will affect the surface water quality of any water body. F. The project will have no effect on the rate or direction of flow of any ground water sources. 2 G. The project will not result in the addition or removal of water from any ground water source. Therefore, it will not cause any impact to the quantity or quality of any ground water. I. The site is not located in a floodplain area. Therefore, the project will not result in the exposure of persons or property to flooding or tidal waves. Plant Life D. The project will not result in the reduction in acreage of any agricultural crop. Animal Life C. The project will not result in the introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals. Natural Resources A. The project will not result in the increase in the rate of use of any natural resources. B. Implementation of the project will not cause a substantial depletion of any non-renewable resource. Transportation/Circulation B. The proposed project will not have significant effects on existing parking facilities, or demand new parking. E. The project will not result in the alteration to waterborne, rail, or air traffic. Public Services A. The proposed project is not located in a high crime area and it will not pose any significant problems to the Orange County Sheriff Department. F. Other governmental services will not be affected by project implementation. Enerov A. The project will not result in any significant increase in the amount of fuel or energy used in the project environs. B. No substantial increase in energy demand will result from project implementation. The project will not require the development of new energy resources to serve it. t] Utilities A. Project implementation will not result in a need for new systems, or substantial alterations to electrical and/or natural gas. B. Project Implementation will not result in a need for new systems, or substantial alterations to communications systems. EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE SOILS AND GEOLOGY Significant Effect Structures and future residents will be subject to potential groundshaking from seismic activity on existing regional faults/fault systems. These impacts will be similar to those which occur throughout the seismically active Southern California region. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. All grading shall be performed in accordance with the preliminary recommendations associated with Site Preparation and Corrective Grading, Fill Material and Fill Placement, Water Level Monitoring and Dewatering, Foundations and Pavement, and Settlement Monitoring, Surface Landfill Drainage, and Slope Landscaping presented in the report entitled, "Summary Report of Geotechnical Evaluation - Mesa Area and Forster Canyon Landfill", unless specifically revised or amended, and in accordance with all applicable codes and requirements adopted by the City of San Juan Capistrano. 2. All grading shall be performed in accordance with the recommendations contained in the City's Hillside Development Guidelines, which promote natural contour grading and discourage extensive grading, recontouring, and earth movement. 3. All earthwork and grading operations shall be performed under the supervision of the geotechnical consultant. 4 4. The applicant shall prepare a geotechnical grading plan review to comment on the design of footings, foundations, slopes, remedial grading, subdrains, etc., prior to the issuance of a grading permit. 5. Prior to the issuance of a grading permit, the applicant shall determine the cut and fill ratio required to minimize the amount of imported or exported soil materials needed. 6. After removal of all unsuitable surficial soils, all areas receiving fill shall be scarified, moisture- conditioned, and recompacted to a minimum 90 percent relative compaction of the appropriate laboratory density. 7. Cut slopes shall be designed at a 2:1 (horizontal to vertical) or flatter slope ratio. Due to on-site geotechnical conditions, all cut slopes should be stabilized with an appropriate buttress to be designed prior to grading. Fill slopes up to 70 feet in vertical height, constructed at a gradient of 2:1 or flatter, shall be stable against deep- seated arcuate failure. Fill slopes in excess of 70 feet in vertical height shall be analyzed and designed for gross stability on a case-by-case basis prior to grading. Fill slopes constructed at a gradient steeper than 2:1 shall be reinforced with a Geogrid-type material to improve stability. Analysis and appropriate Geogrid design shall be accomplished prior to grading. 9. In accordance with Title 9 of the San Juan Capistrano City Code, any design fill -over -cut and cut -over -fill shall be converted to fill slope. 10. Heavy vegetation, including brush, grasses and sparse trees shall be removed prior to fill placement. 11. The nature and extent of unsuitable on-site fill and buried alluvial materials shall be further examined as part of future geotechnical investigations for the Mesa area, prior to the issuance of a grading permit. 12. To mitigate the potential settlement of compressible soils, these materials shall either be removed prior to fill placement or compacted in place. 13. The applicant and contractor shall, to the satisfaction of the City, implement measures to minimize project erosion during the construction phase. Erosion control measures include, but are not limited to, the following: a. Place sand bags around the perimeter of the site prior to initial grading if grading is to be undertaken during the rainy season. b. Minimize the length of time soils lay exposed. C. Water down all exposed soils periodically. d. Revegetate graded slopes and other areas as early as possible under the direction of a licensed landscape architect. 14. All building plans shall be prepared and stamped by a qualified engineer to assure that new buildings will be constructed in conformance with the Uniform Building Code and City Code (i.e., specifically those standards pertaining to earthquake damage reduction). 15. If determined necessary by the City of San Juan Capistrano, the applicant shall submit an analysis of potential seismic effects on-site, including estimated values of peak ground motion, in accordance with accepted engineering standards. 16. The contractor shall stabilize the site prior to development. In order to preserve the natural slopes containing landslide debris, it is recommended that sufficient fill mass be placed in the toe area and, if necessary, the top of the slide mass be excavated. PUBLIC HEALTH AND SAFETY Significant Effect Proposed land uses and activities could potentially be exposed to the effects of methane gas accumulation and migration. In addition, a potential exists for the release of low levels of emissions into the atmosphere through the surface of the landfill. Finally, landfill leachate containing chemical substances that may exceed regulatory action levels could potentially migrate into the regional groundwater system. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Findings in Support of the Fact The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Prior to issuance of grading permit, the applicant shall implement the following provisions contained in the Final Closure Plan for the Forster Canyon Landfill. a. Provide final cover in accordance with appropriate design standards, materials, and procedures. b. Conduct final grading in accordance with the excavation plan, grading design, and settlement analysis. C. Construct final drainage in accordance with the proposed drainage control system plan. d. Install the landfill gas control and migration system. e. Implement the liquid management plan. f. Provide landscaping and irrigation in accordance with the proposed landscape materials, installation procedures, and irrigation system. g. Comply with the sequence improvements. 2. Prior to recordation of the Final that the Final Closure Plan is in Code of Regulations (CCR), Title 14, Chapter 3; and is approved Environmental Health Department Control Board. and phasing for providing Map, the City shall ensure conformance with California 23, Chapter 15; CCR, Title by the County of Orange and Regional Water Quality 3. The City, prior to approval of future tract maps and plans, shall establish and require adequate setbacks and buffer around the landfill to separate the landfill area from future proposed structures. It is recommended that a 50- to 100 -foot setback from the limits of the landfill to a structure be established. DRAINAGE AND HYDROLOGY Significant Effect The major impact to drainage/hydrology is short-term peak flow increases in storm runoff and its impact on existing freeway culverts. Implementation of the proposed project will increase the area devoted to impervious surfaces and increase the volume of runoff as well as the short-term peak flow rate. In addition, the direction of flow will also be altered. However, once development has occurred and ground cover and landscaping are established, the natural storm water infiltration will be improved. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. 0 Findings in Support of the Fact The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. The applicant shall provide drainage improvements as shown in the Final Closure Plan for the Forster Canyon Landfill and the Forster Canyon Comprehensive Development Plan Amendment. 2. All necessary drainage facilities shall be constructed to intercept, remove, convey and discharge all surface water from the land to be developed. These facilities shall include streets, catch basins, drop inlets, lined ditches, terrace drains, down drains, pipes, culverts and appurtenant structures. 3. All local on-site facilities shall be designed for a 25 -year storm. The lowest finish floor elevation of all habitable structures shall be a minimum of one foot above the maximum water level resulting from a 100 -year storm. 4. The on-site storm runoff from the proposed development shall be routed to existing freeway culverts in such a manner as to not exceed the hydraulic capacity of the culverts, based on a 100 -year storm. 5. The design of all drainage facilities shall be reviewed and approved by the City of San Juan Capistrano and California Department of Transportation, as appropriate, to ensure that storm water runoff created by the proposed development is adequately controlled. 6. All drainage facility inlets and outlets shall be protected with suitable structures and linings to prevent erosion. 7. An erosion control plan shall be prepared and erosion control procedures followed to mitigate the effects of storm flows during the construction stage. 8. A Storm Water Management Plan, utilizing Best Management Practices to control/reduce the discharge of pollutants to the maximum extent practicable in order to obtain a Storm Water Discharge Permit in accordance with the National Pollution Discharge Elimination System (NPDES) shall be prepared and approved by the Director of Public Works prior to grading of the site. GRADING AND LANDFORM ALTERATION Significant Effect Generally, grading operations will stabilize unstable geologic and soils conditions throughout the site and will reshape the existing 93 landform. Implementation of the proposed project will result in significant landform alteration to the subject property. Approximately 935,600 cubic yards of cut and fill will be required to prepare the site for development as proposed. Although topographic change will be significant, the landform alteration generally follows the existing physiography of the site. In addition, excavation of approximately 212,000 cubic yards of refuse will be required to be removed from the landfill to satisfy the final grade requirements. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of the Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Grading activities shall preserve the natural landform through the implementation of sensitive site planning and grading techniques, circulation and architectural design techniques, as well as innovative landscape treatments of the ridgeline and slope, in accordance with the City's Hillside Development Guidelines; Municipal Code, Section 9-3.505. Hillside Management District; and Community Design Element of the General Plan. All grading activities shall be reviewed and accepted by the City. 2. Sensitive grading and stabilization techniques shall be employed for the project site. All grading activities shall be reviewed and accepted by the City. 3. The grading plan shall be based upon stabilization techniques, accommodation of necessary General Plan elements, and associated cut and fill necessary to create a natural appearance. 4. Building and development profiles shall not silhouette upon any ridgeline consistent with the intent of the guidelines established by GPA 78-1, Forster Canyon PC. FISCAL IMPACTS Significant Effect Construction of infrastructure (i.e., sewer, water, roadways, etc.) and public improvements required to serve the currently undeveloped project site will constitute a major portion of the cost of implementing the proposed project. Landfill closure will constitute a major portion (i.e., approximately 47 percent) of the estimated costs for public improvements. The preliminary cost estimate for these improvements is $11,053,000.00. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. If the City chooses to use redevelopment and tax increment financing to partially fund the public improvements included in the proposed project, the City shall amend the existing Redevelopment Project Area to include the proposed project site. This amendment will be undertaken in accordance with all requirements of State Redevelopment Law. 2. If redevelopment is used to partially finance the public improvements included in the proposed project, the City shall negotiate fair -share pass through agreements with affected taxing agencies as required. 3. The City shall require the applicant to work with the County to secure full County financing for the landfill closure. 4. Should the City choose to allow Mello-Roos/1911/1913 assessment district financing, the City shall establish a Community Facilities District or benefit assessment district to fund infrastructure construction for the proposed project in accordance with the requirements of State Law. 5. The applicant shall provide a market rate study of potential sales prices for residential units included in the proposed project prior to a final City decision on financing the proposed project from redevelopment, Mello Roos or benefit assessment district sources. LAND USE/RELEVANT PLANNING Significant Effect The proposed amended PC/CDP is generally consistent with the land use and characteristics approved in 1981 for the Forster Canyon CDP 81-1. The proposed uses of the project are generally consistent with the surrounding uses which are predominantly residential and open space. The seniors housing project totaling 180 dwelling units on the Public and Institutional site is not clearly consistent with the General Plan. 10 043 1 Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of the Findin The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. If the Public/Institutional site is not dedicated to the City or other public agency, a general plan amendment, deleting this requirement, would be necessary to ensure consistency with the City's General Plan. A determination of the appropriate amount of parkland credit for the golf course must be made, and any deficit mitigated through payment of in -lieu fees. 2. In order to ensure that future residential development and other noise sensitive development meets the standards established by Nun. Code Section 9-3.506, an acoustical analysis shall be prepared for such development along La Novia Avenue and "A" Street. 3. The golf course use shall not be permitted within the GOS district and the senior housing project shall be consistent with the general plan designation. TRANSPORTATION AND CIRCULATION ianificant Effect The project is estimated to generate 3,100 daily vehicle trips. Three intersections would be significantly impacted by the proposed project; however, these three intersections would continue to operate at acceptable levels of service (i.e., LOS C or better), even with the addition of project traffic. Traffic from the proposed project will increase the existing unacceptable traffic conditions on the northbound approach to the Valle Road/San Juan Creek Road intersection. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of the Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 11 2"`_ As noted above, the City of San Juan Capistrano shall cause to have installed traffic signals at the following intersections: Valle Road/San Juan Creek Road Valle Road/La Novia Avenue/I-5 NB Ramps Camino Las Ramblas/Via California La Novia Avenue/Calle Arroyo The traffic conditions which warrant installation of these signals are the result either of existing operational deficiencies or of cumulative traffic growth (including the proposed project). As such, the financial responsibility which shall be assigned to the proposed project for constructing these signals shall be limited to the percentage of the increase in existing traffic during peak hours which is attributable to the project, as shown below: Valle Road/San Juan Creek Road - 15.6 percent Valle Road/La Novia Avenue/I-5 NB Ramps - 25.8 percent Camino Las Ramblas/Via California - 4.1 percent La Novia Avenue/Calle Arroyo - 3.1 percent The City of San Juan Capistrano shall also cause to have installed improvements to existing streets in the vicinity of the project site as follows: widening Valle Road at San Juan Creek Road to provide one left and one right turn lane and widening San Juan Creek Road to provide a westbound left turn lane. Financial responsibility for these improvements shall be assigned to the proposed project in the same manner as described above. 3. The project applicant shall be responsible for widening La Novia Avenue to provide a westbound left turn lane and providing sufficient width on minor streets to provide one left and one right turn lane. The applicant shall also be responsible for providing all stop signs required to serve the proposed project. Significant Effect The senior housing structures, together with the northernmost tier of homes above La Novia Road, are the most visible elements proposed for the site. Portions of the senior housing area and the residences proposed around the westerly cul-de-sacs within Units 2 and 3 will be visible from several viewpoints. Some manufactured slopes will be visible immediately behind the senior housing structures. The most apparent visual contrast will be created largely by structural colors contrasting with the surrounding natural landscape. Cut slopes at the eastern edge of the project will be visible, particularly if covered with irrigated 12 landscaping, the color of which will contrast with the hillsides above during the dry season. Finally, views of the project site from viewpoints to the north and south are characterized by strong linearity, proposed structural elements and landscaping and highly visible transformation of the existing landscape. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of the Findin The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. The substantial manufactured slopes proposed in the northwest corner of the site within Units 2 and 3 and the senior housing area (i.e., Unit 7) shall employ contour grading, particularly emphasizing variable slopes. The aim shall be to create a slope which appears to be natural in appearance. Alternative grading solutions should be studied to reduce grading necessary to site the senior housing. 2. Proposed cut slopes against the hills along the east edge of the site shall employ contour grading, particularly emphasizing variable slopes. Upper edges of the grades shall blend with the existing natural hillsides. Hard edges or angles are to be avoided. Tops and toes of slopes shall be rounded. 3. Senior housing structures shall be placed on the eastern, upslope side of the proposed pads to lessen visibility, with access, and open space being located west of the buildings. 4. Final building design and massing for the senior housing shall strongly emphasize horizontal architectural elements. Visually unbroken two-story expanses of structures shall be avoided, and no purely vertical architectural elements shall be employed. 5. Low landscaped berms (approximately three feet in height above pad elevation) shall be employed to conceal parking areas for the senior housing from viewpoints to the west and northwest. 6. Single-family residential structures shall be limited to one story for Lots 15 through 18 of Unit 3 and Lots 29 through 32 of Unit 2, the most visually prominent lots on the site. 7. A landscaping easement shall be established along the upper edge of the slope along Lots 17 through 35 of Unit 3. Landscaping, including trees of moderate height, shall be placed toward the top of the slope in a clustered and informal 13 46 manner in front of lot line intersections at irregular intervals along this easement. The goal of this mitigation measure shall be to visually punctuate the extremely linear mass of structures along the northern project, as viewed from viewpoints to the north. 8. Dwelling colors for the project shall adhere to medium to light tones of the recommended colors: browns, sepias, ochres and grays. Bright white and light pastel colors shall be avoided. Roof materials shall similarly avoid bright colors and reflective surfaces. Skylights shall be designed in such a way as to avoid facing toward significant viewpoints as identified in the visual analysis. 9. Exterior lighting along the western edge of the site, particularly within the area designated for senior housing, shall be the minimum required for safety. 10. On senior housing building exteriors facing the I-5 Freeway, low level, low wattage lights shall be used, and shall be oriented away from freeway viewpoints. 11. Lighting of ornamental landscaping shall be prohibited in the senior housing area and along the northern edge of the project. UNMITIGABLE PROJECT IMPACTS The City Council makes the findings listed below with regard to the unmitigable impacts of the project and finds that while the mitigation measures described will lessen these impacts, they cannot reduce them to a level of insignificance. These mitigation measures will also be implemented pursuant to the Mitigation Monitoring Program adopted as part of this project. The City Council hereby adopts all of the mitigation measures described below and incorporates them as part of the project. CLIMATE AND AIR QUALITY Sicnificant Effect Short-term impacts will result from grading and construction activities. Long-term project -related emissions will also occur from the use of automobiles, contributing to the regional burden of air emissions. This contribution to the regional burden comprises approximately one percent of the total emissions projected for Receptor Area 21. Although project -related impacts are not considered to be significant, the project's contribution to the regional burden (i.e., cumulative impacts) are determined to be significant and cannot be mitigated to a level of insignificance. 14 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Certain mandatory measures such as dust control during construction to prevent a dust nuisance and compliance with energy conservation standards in Title 24 of the California Administrative Code will be implemented. 2. The AQMP contains a number of transportation control measures (TCM) which should, therefore, be considered for inclusion where possible in project planning. These measures include: o Improved public transit o Areawide carpool programs o On -street parking controls o Park -and -Ride lots o Incentives for carpools, transit, bicycles and walking o Bicycle lanes and storage o Staggered work hours o Traffic flow improvements 3. Project construction was also identified as an impact area in need of careful control, particularly with respect to dust emissions and their regional PM -10 impact. The menu of recommended construction activity control measures includes: Minimize Construction Activitv Emissions o Water site and equipment morning and evening using non - potable water resources, where available. o Pave on-site roads as soon as possible into the construction cycle. o Operate street sweepers on paved roads adjacent to the site. o Reestablish ground cover on construction site through seeding and watering, if disturbed sites are to be left unconstructed for more than 90 days. 15 mom o Terminate grading and travel on unpaved surfaces if winds exceed 25 mph. Reduce Construction Eguivment Emissions o Wash off trucks leaving the site. - o Properly tune and maintain construction equipment. Reduce Construction -Related Traffic Congestion o Encourage rideshare incentives for construction personnel. o Encourage transit incentives for construction workers. o Configure construction parking to minimize traffic interference. o Schedule operations affecting roadways for off-peak traffic hours. 16 STATEMENT OF OVERRIDING CONSIDERATIONS GPA 92-01, RZ 91-01, VTTM 14343, AND DEVELOPMENT AGREEMENT SAN JUAN MEADOWS CITY OF SAN JUAN CAPISTRANO, CA The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The San Juan Capistrano City Council has determined that the unavoidable risks of this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The project will serve a critical need, that being the relief of inadequate senior housing, public facilities and services through the provision of new infrastructure, including sewer and water facilities, roadways, and other public facilities. 2. The project is consistent with adopted plans and policies of the San Juan Capistrano General Plan as well as the Comprehensive Development Plan/Planned Community. 3. The project will provide tax revenues to the City of San Juan Capistrano which can be used to provide public services and facilities and to implement needed improvements to serve the project's residents. 4. The intensity of the project is consistent with other projects, existing and proposed, in the vicinity of the Planned Community. 5. The project will be designed and landscaped so as to provide an aesthetically pleasing environment compatible with surrounding land uses. 6. The proposed residential/recreational project which includes 455 residential dwelling units will be consistent with the goals and objectives established by regional plans to create a "jobs/housing balance". 7. Implementation of the amended CDP will result in the Final Closure of the Forster Canyon Landfill which may pose a potential health threat from gas migration and leachate if not properly closed, thereby enhancing the public health and safety of the surrounding properties and residents. 8. Project implementation would provide for significant open space and recreational opportunities which would not otherwise be possible without development of the site. 1 The public golf course and significant general open space will provide recreational opportunities to residents in the community. ALTERNATIVES In making this Statement of Overriding Considerations, the City Council has also considered whether the project alternatives described in the Final EIR and in the Findings of Fact would achieve the project's objectives and would allow the City and Agency to realize the benefits described above. The City Council has found that the alternatives discussed in the Final EIR and proposed through comments on the Draft EIR are infeasible for the reasons described above in these Findings. Some of the alternatives would cause greater environmental impacts than would the project. The project alternatives also would not provide the benefits to the City that the project would provide. Specific economic, social, or other considerations make infeasible the mitigation measures of project alternatives identified in the Final EIR (Section 15091 of the CEQA Guidelines). A. The alternatives were rejected for the reasons set forth as follows: 1. No Project Alternative Implementation of the "No Project" alternative would result in the continuation, at least in the short-term, of the existing undeveloped condition of the project site. In the absence of the proposed project, the quantifiable impacts identified in this document, particularly those associated with traffic, air quality, grading and aesthetics, would not occur. However, the City's General Plan has designated the site for mixed residential development. This alternative has been rejected for the following reasons. a. Additional housing opportunities, consistent with the adopted goals and objectives of the City's General Plan, would be lost if the site is not developed. b. The provision of affordable senior housing would not be possible. c. The project would not provide for needed recreational opportunities, infrastructure facilities and housing to serve the City of San Juan Capistrano. d. The project would not provide for needed senior housing. 051 e. Final closure of the Forster Canyon landfill would not occur, resulting in the continuation of potential health risks to the nearby and future development. f. Significant effects of the preferred project are acceptable when balanced against facts set forth in ' the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the No Project Alternative. 2. Additional Senior Housing North of La Novia Road Under this alternative, additional senior housing units would be constructed at the northern edge of the proposed project site, north of La Novia Road, in the area identified as "Lot K". Overall, the potential impacts of this alternative would be expected to be marginally higher than the proposed project, particularly with regard to traffic, air quality, aesthetics, and fiscal impacts. This alternative was not selected for several reasons, including: a. This alternative would necessitate amending the Comprehensive Development Plan and General Plan which both presently identify General Open Space (GOS) for that area. b. The population growth associated with this alternative would require additional municipal costs to be allocated to the project, resulting in a slightly higher municipal deficit when compared to the preferred project. c. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Additional Senior Housing North of La Novia Road Alternative. 3. Higher Density Residential Project This alternative to the proposed project would increase the residential densities, resulting in a nearly 33 percent increase in the number of dwelling units permitted. The principal impacts which would occur from this alternative include increased traffic and air quality impacts as well as potentially greater grading and visual impacts. This alternative has been rejected for the following reasons: a. Additional demands on public services and facilities would likely result from the development of additional dwelling units and the accommodation of additional population on the project site. M b. The identified traffic, noise and air quality impacts would be increased over the proposed project and would likely require additional grading on the site in order to expand the developable area of the site. C. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Higher Density Residential Alternative. Lower Density Residential This alternative, if approved, would replace the proposed townhouse development with single-family detached residential dwelling units. A total of 394 such units would be permitted, or approximately 15 percent fewer than reflected on the preferred project. This alternative has been rejected due to the following reasons. a. The City's opportunity to expand the housing stock to provide for a range of residential opportunities and expand the economic base could be diminished with such an alternative. b. Less revenue would be generated for a project which would require the same level of municipal services, resulting in a potential revenue shortfall. c. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Low Density Residential Alternative. Project Without Golf Course Under this alternative, the commercial recreational development (i.e., golf course and driving range) would be replaced with a developed community park facility. The residential components would not change from the parameters of the proposed project and the resulting impacts would be generally similar to project -related impacts. This alternative has been rejected for the following reasons: a. The municipal revenues which would be generated from the golf course facility would be lost from the operation of such a commercial/recreational use. 4 53 b. Municipal costs associated with the development, operation and maintenance of a public park facility would exacerbate the fiscal imbalance resulting from project implementation. c. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Project Without Golf Course Alternative. 6. Alternative Uses for Public/Institutional Site Implementation of this alternative would include the replacement of the senior housing with a different public or institutional use such as a school, church, community center, or health-related institutional use. Substitution of any one of a number of uses which fit into the more general categories identified above in place of the senior housing would reduce the development density of the 148 -acre Mesa property. This alternative has been rejected for the following reasons: a. Although this alternative would permit the development of an educational facility or other needed public use, it would not provide for needed senior housing for which there is a demand in southeast Orange County. b. Impacts associated with this alternative are similar in magnitude to those identified for the proposed project. implementation of this alternative would not, therefore, result in a significant benefit over the proposed project. C. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Public/Institutional Site Alternative. 7. Alternative Site Two sites were considered as an alternative site on which the proposed project could be implemented. Site 1 is located in unincorporated territory northeast of the City limits; Site 2 is located in the City's Northwest Planning Area, generally west of Camino Capistrano and north of Del Obispo Street. Neither site is owned by the applicant and neither site has been identified to be developed with urban densities such as those proposed by the project. This alternative has been rejected for the following reasons: a. The impacts of the project at either of the alternative locations would generally be equal to or greater than those at the proposed site, depending on the adopted land uses and the adequacy of the existing infrastructure, public facilities and services. _ b. If not located in San Juan Capistrano, the City would lose its opportunity to provide housing, recreational and open space uses. C. Final closure of the Forster Canyon landfill would not occur, resulting in the continuation of potential health risks to the nearby and future development. d. Significant effects of the preferred project are acceptable when balanced against facts set forth in the Statement of Overriding Considerations and stated above, and are more acceptable than those anticipated from the Alternative Site. ATTACHMENT B MITIGATION MONITORING PROGRAM GENERAL PLAN AMENDMENT (GPA 92-01) AMENDMENT TO CDP 81-1 (RZ 91-01) VESTING TENTATIVE TRACT MAP 14343 DEVELOPMENT AGREEMENT SAN JUAN MEADOWS CITY OF SAN JUAN CAPISTRANO, CA Effective January 1, 1989, the California Environmental Quality Act (CEQA) was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA (State -mandated) environmental review procedures, AB 3180 requires a public agency to adopt a monitoring and report program for assessing and ensuring efficacy of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: ". the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant affects on the environment." AB 3180 provides general guidelines for implementing monitoring and reporting programs. Specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the project proposal by the responsible decision-making body. The Mitigation Monitoring Program (MMP) for the San Juan Meadows Comprehensive Development Plan is presented in the following section. Each mitigation measure is listed and categorized by impact area. The MMP identifies the method and timing of verification of implementation of the mitigation measure, the responsible department within the City to ensure that the measure has been carried out. A standard, written compliance report shall be prepared by the project sponsor and submitted to the applicable enforcement agency prior to the specified compliance date. This report shall demonstrate compliance with each mitigation measure. Further, the project sponsor shall also provide quarterly reports regarding compliance with such conditions. For easy reference, the following abbreviations have been used to simplify the MMP. Method of Verification PC Plan Check FC Field Check OG Ongoing 1 Timing of Verification FM Final Tract Map GP Grading Permit BP Building Permit SPR Site Plan Review DG/C During Grading/Construction OP Occupancy Permit IP Improvement Plan Responsible Department/Division BSD Building and Safety ED Engineering PD Planning MITIGRITOM MOMPJrB7M0 Pr2M HIS JDAM MMMDare By J®M CIPIH'MM* CA Method of Timing of Rasponaible Date Mitigation Measure Verifi'fftion Verification Dwartmaot/Dlvlaim Completed A. Soils and geology 1. All grading shall be performed in accordance with the prelim- PC PM BSD inary recommendations associated with Site Preparation and Corrective grading, Pill Material and Pill Placement, Water Level Monitoring and Dewatering, Foundations and Pavement, and Settlement Monitoring, Surface Landfill Drainage, and Slops Landscaping presented in the report entitled, -Summary Report of geotechnical Rvaluation - Mena Area and Forster Canyon Land- fill-, unlem specifically revised or amended, and in accord- ance with all applicable codes and requirements adopted by the City of San Jam Capistrano. 2. All grading shall be performed in accordance with the recem- PC BPS SSD mandations contained in the City's Hillside Development Guide- lines, which promote natural contour grading and discourage axt"aive grading, recontmring, and earth movant. 3. All earthwork and grading operations shall be performed ander PC DO/C RSD the supervision of the geotachnlcal consultant. a. The applicant shall prepare a geotechnical grading plan review PC PM SSD to comment an the design of footings, foundations, slop", re- medial grading, subdrai", etc., prior to the issuance of a grading permit. 5. Prior to the issuance of a grading permit, the applicant shall PC PM RSD determine the cat and fill ratio required to minimise the mount of imported or exported soil materials needed. 6. After removal of all unsuitable surficial soils, all areas re- FC DO/C Hao ceiving fill shall be scarified, moisture- conditioned, and re - compacted to a minimum 90 percent relative compaction of the appropriate laboratory density. 7. Cut slopes shall be designed at a 2:1 (horizontal to vertical) PC FM SRD or flatter slope ratio. Due to on-site geotechnical conditions, all cut slop" should be stabilized with an appropriate but- tress to be designed prior to grading. 3 Mitigation Measure Method of Timing of verification Verification Romp—Bible Date Dsmrtmont/Division Ccasletad B. Pill slopes up to 70 fast in vertical height, constructed at a PC PM BSD gradient of 2:1 or flatter, shall be stable against deep-seated arcuate failure. Pill slopes in excess of 70 fast in vertical height shall be analyzed and designed for gross stability on a case-by-case basis prior to grading. Pill slopes constructed at a gradient steeper than 2:1 shall be reinforced with a Oeogrid- type material to improve stability. analysis and appropriate 0aogrid design shall be accomplished prior to grading. 9. In accordance with Title 9 of the Ban Juan Capistrano City Code, PC PM BBD Buy design fill -over -cut and cutover -fill shall be converted to fill slope. 10. Heavy vegetation, including brush, grasses and sparse trees PC DO/C BSD shall be removed prior to fill placement. 11. The nature and extent of unsuitable ou-alta fill and buried al- PC Op BBD luvial materials shall be further examined as part of future geotechnical investigations for the Mesa area, prior to the is- suance of a grading permit. 12. To mitigate the potential settlement of compressible soils, theme PC DO/C BSD materials shall either be removed prior to fill placement or com- pacted in place. 13. The applicant and contractor shall, to the satisfaction of the PC DO/C BSD City, implement aeeemres to minimise project erosion during the construction phase. Broslon control measures include, but era not limited to, the follcwing: a. Placa sand bags around the perimeter of the site prior to initial grading if grading is to be undertaken during the rainy season. b. Minimize the length of time soils lay exposed. C. Water down all exposed soils periodically. d. Hevegetate graded slopes and other areas as early as pos- sible under the direction of a licensed landscape architect. 16. All building plans shall be prepared and stamped by a qualified PC PM BBD anginaer to assure that new buildings will be constructed in con- formance with the Oniform Building Cc" and City Code (i.e., specifically those standards pertaining to earthquake damage re- duction). 4 Mitivation Reserve Method of Verification Timing of Responsible ate Verification Damardont/Dlvimion Completed 15. If determined necessary by the City of San Juan Capistrano, the PC PM Ban applicant shall submit an analysis of potential seismic effects a. Provide final cover in accordance with appropriate design on -mite, including estimated values of peak ground motion, in standards, materials, and procedures. accordance with accepted engineering standards. grading design, and settlement analysis. 16. The contractor shall stabilise the site prior to development. In PC DO/C BSD order to preserve the natural slopes containing landslide debris, d. Install the landfill Sas control and migration system. it is recommended that sufficient fill mase be placed in the too e. Implement the liquid management plan. arae and, if necessary, the top of the slide was be excavated. posed landscape materials, installation procedures, and irri- B. Public Health and Safety 17. Prior to issuance of grading permit, the applicant shall implement PC FM BSD the following provisions contained in the Final Closer@ Plan for the Forster Canyon Landfill. a. Provide final cover in accordance with appropriate design standards, materials, and procedures. b. Conduct final grading in accordance with the excavation plan, grading design, and settlement analysis. C. Construct final drainage in accordance with the proposed drainage Control system plan. d. Install the landfill Sas control and migration system. e. Implement the liquid management plan. I. Provide landscaping and irrigation in accordance with the pro- posed landscape materials, installation procedures, and irri- gation system. g. Comply with the sequence and phasing for providing improvements. 10. Prior to recordation of the Final Map, the City shall ensure that PC PM BBD the Final Closure Plan is in conformance with California Code of Regulations (CCR), Title 23, Chapter 15; CCA, Title 14, Chapter 3; and Is approved by the County of Orange Hnvircosestal Health Depart- ment and Regional Mater Quality Control Board. 19. The City, prior to approval of future tract maps and plans, shall PC PM/SPA PD establish and require adequate setbacks and buffer around the land- p fill to separate the landfill ares from future proposed Structures. i•78y� It is recommended that a 50- to 100 -foot setback from the limits of the landfill to a structure be established. V `) 5 method of Timing of Bsspoesible Date yariflomtlm verification Daoartmant/Divisim pomplata6 Mitigation ipasnra C. Drainage/Rydrology 20. The applicant shall provide drainage improvements u shown in the PC FM/RPR ED Final Closure Plan for the Forster Canyon Landfill and the Forster Canyon Comprehensive Development Plan AmandnenL. 21. All necessary drainage facilities shall be constructed to intercept, PC PM/RPR ED remove, convey and discharge all surface water from the land to be developed. Thew facilities shall include streets, catch basins, drop inlets, lined ditches, terrane drains, down drains, pipes, Cul- verts and appurtenant structures. 22. All local on-alts facilities shall be designed for a 25-year store. PC FM/RPR ED The lowest finish floor elevation of all habitable structures shall be a minimus of one foot above the a,zimas water level resulting from a 100-year storm. 21. The on-site store runoff from the proposed development shall be PC PM/RPR ED routed to existing freeway culverts in such a manner as to not em- ceed the hydraulic capacity of the culverts, based on a 10D-year storm. 26. The design of all drainage facilities shall be reviewed and ap- PC PM/RPR ED proved by the City of Ran Juan Capistrano to ensure that storm water runoff crested by the proposed development, is adequately controlled. 25. All drainage facility inlets and outlets shall be protected with PC FM/avu ED suitable structures and linings to prevent erosion. 25. An erosion control plan shall be prepared and erosion control pro- PC 0P ED cedures followed to mitigate the effects of storm flows during the construction stage. 27. A Store Water Macagemant Plan, utilizing Best Management Practices PC up ED to control/reduce the discharge of pollutants to the wcinum extant practicable in order to obtain a Storm Water Discharge Permit in accordance with the Satimal Pollution Discharge Elimination System (SPDRS) shall be prepared and approved by the Director of Public Works prior to grading of the site. Method of Timing of Responsible rte mitigation Measure Verification verification Depart sst/DSvlsion Comslettl Valle Road/San Juan Creek Road - 15.6 percent Valla Road/La Rovia Avemua/I-5 RS Ramps - 25.8 percent Camino Las RamblaSNia California - 4.1 percent La Rovia Avenue/Calle Arroyo - 3.1 percent 61. The City of San Juan Capistrano shall also cause to have installed PC PM RD improvements to misting streets in the vicinity of the project site as follow: widening Valle Road at San Juan Creek Road to provide one left and ons right turn lane and widening San Juan Creek Sued to provide a westbound left turn lane. Financial res - possibility for these improvements shall be assigned to the pro- posed project in the ear manner as described above. 42. The project applicant shall be responsible for widening La Rovla PC Pm SD Avenue to provide a westbound left turn law and providing suffi- cient width on minor streets to provide ons left and one right turn lane. The applicant shall also be responsible for providing all stop signs required to serve the proposed project. B. Aesthetics 43. The substantial manufactured slopes proposed in the northwest PC SPR PD cornar of the site within Units 2 and 3 and the Senior housing area (i.e., Unit 7) Shall employ contour grading, particularly emphasizing variable Slopes. The aim Shall be to create a slope which appears to be natural in appearance. Alternative grading Solutions should be Studied to reduce grading necessary to Site the senior housing. s{. Proposed cut slopes against the bills along the east edge of the PC SPR PD site shall employ contour grading, particularly emphasizing vari- able elopes. Upper edges of the grades shall blend with the existing natural hillsides. Hard edges or angles ara to be avoided. Topa and tone of Slopes shall be rounded. 45. Senior housing Structures Shall be placed on the eastern, upolops PC BPR PD side of the proposed pads to lessen visibility, with access, and open space being located west of the buildings. 66. Final building design and musing for the senior housing Shall PC SPR PD Strongly emphasize horizontal architectural elements. Visually unbroken two -Story expanses of Structures shall be avoided, and no purely vertical architectural elements shall be employed. 9 50. Dwelling colors for the project shall adhere to medium to light PC SPS PD tones of the recommended colors: browns, aspics, ochres and grays. Bright white and light pastel colors shall W avoided. Roof metmrials shall similarly avoid bright colors and reflec- tive surfaces. Skylights shall W designed in such a way as to avoid facing toward significant viewpoints as identified in the visual analysis. 51. Exterior lighting along the western edge of the site, particu- PC SPR PD larly within the arse designated for senior housing, shall W the minimum required for Safety. 52. an senior housing building exteriors facing the I-5 Prseway, low PC SPR PD level, low wattage lights shall W used, and shall W Oriented away from freeway viewgoluts. 53. Lighting of ornamental landscaping shall W prohibited in the PC SPS PD senior housing area and along the northern edge of the project. I. Air Quality 56. Certain mandatory measures such as dust control during coustrec- PC DO/C SAD tion to prevent a dust nuisance and compliance with energy con- servation standards in Title 24 of the California Administrative Code will W implemented. 10 Method of Timing of Responaible Data Mitigation Measure yarIrltlon verification Dewrtmant/Dlvfsioo Caspleted 47. Lw landscaped bares (approximately three fast in height above PC SPS PD pad elevation) shall be employed to counsel parking areas for the senior housing from viewpoints to the west and northwest. 68. Single-family residential structures shall be limited to one PC SPR PD story for Lots 15 through 18 of Unit 3 and Lots 29 through 32 of Unit 2, the most visually prominent lots on the site. 49. A landscaping easement shall be established along the upper edge PC BPR/PM PD of the slope along Lots 17 through 35 of Unit 3. Landscaping, including tree of moderate Wight, shall be placed toward the top of the slope in a clustered and informal saucer in front of lot line intersections at irregular intervals along this ease- ment. The go" of this mitigation Measure shall W to visually punctuate the extremely linear mass of structures along the northern project, as viewed from viewpoints to the north. 50. Dwelling colors for the project shall adhere to medium to light PC SPS PD tones of the recommended colors: browns, aspics, ochres and grays. Bright white and light pastel colors shall W avoided. Roof metmrials shall similarly avoid bright colors and reflec- tive surfaces. Skylights shall W designed in such a way as to avoid facing toward significant viewpoints as identified in the visual analysis. 51. Exterior lighting along the western edge of the site, particu- PC SPR PD larly within the arse designated for senior housing, shall W the minimum required for Safety. 52. an senior housing building exteriors facing the I-5 Prseway, low PC SPR PD level, low wattage lights shall W used, and shall W Oriented away from freeway viewgoluts. 53. Lighting of ornamental landscaping shall W prohibited in the PC SPS PD senior housing area and along the northern edge of the project. I. Air Quality 56. Certain mandatory measures such as dust control during coustrec- PC DO/C SAD tion to prevent a dust nuisance and compliance with energy con- servation standards in Title 24 of the California Administrative Code will W implemented. 10 Nwthod of Timing of Respmmalble Date Mitigation Hammers Verification Verification Daoarteent/Division Cammlettl D. grading and Landform Alteration 28. grading activities shall preserve the natural landform through the PC implementation of sensitive site planning and grading techniques, circulation and architectural design techniques, an wall an inno- vative landscape treatments of the rldgella and elope, in amord- ace with the City's Hillside Development guidelines; Municipal Code, Section 9-3.505. Hillside Management District; and Community Design Element of the general Plan. All grading activities shall be reviewed and accepted by the City. 29. Sensitive grading and stabilization techniques shall be employed PC for the project site. All grading activities shall be reviewed and accepted by the City. 30. The grading plan shall be based upon stabilization techniques, PC accommodation of necessary General Plan elements, and associated cut and fill necessary to create a natural appearance. 31. Building and development profiles shall not silhouette upon any PC ridgelim consistent with the intent of the guidelines established by (SPA 78-1, Foistar Canyon PC. H. Fiscal Impacts 32. If the City ohms" to use redevelopment and tax increment finan- PC ting to partially fund the public improvements included in the proposed project, the City shall amad the misting Redevelopment Project Area to include the proposed project site. This amendment will be undertaken in accordance with all requirements of State Redevelopment Law. 33. If redevelopment is sed to partially finance the public improve- PC menta included in the proposed project, the City shall negotiate fair -share pass through agreements with affected taxing agencies as required. 3e. The City shall require the applicant to work with the County to PC secure full County financing for the landfill closure. 35. Should the City choose to allow Mallo-Roos/1911/1913 assessment PC district financing, the City shall establish a Community Pac111- ties District or benefit assessment district to fund SDfraetruc- ture construction for the proposed project in accordance with the requirements of State Law. 7 BPR BPH M3 BPA PM eta PM .r'.1 PD PD PD PD PD PD PD PD Method of Timing of Responsible Date Miticatl a Mmesars Verification Verification Department/Division Completed , 36. The applicant shall provide a market rate study of Poteutlel PC PM PD sal" prices for residential =its included in the Pr0Po5ed pro- ject prior to a final City decision on financing the proposed project from redevelopment, Mello Roos or benefit assessment dis- trict soorn". Land Use/Relevant Planning 37. If the Public/Institutional site is not dedicated to the City or PC PM PD other public agency, a general plan amendment, deleting this re- quirement, would be necessary to ensure consistency with the City's general Plan. A determination of the appropriate amount of park- land credit for the golf course auat be ride, and any deficit miti- gated through payment of in -lieu fees. 38. In order to ans=e that future residential developmeat and other PC SPR/IP RD noise sensitive development meets the standards established by Man. Code Section 9-3.506, an acoustical analysis shall be prepared for such development along La Movie Avenue and W Street. 39. The golf tour" use shall act be permitted within the g08 district PC PM PD and the ■"Tor housing project shall be consistent with the general plan designation. 0. Traffic and Circulation 60. As noted above, the City of San Juan Capistrano shall =Use to PC PM RD have installed traffic signals at the following intsrswtiona: I Valle Road/Ban Juan Creek Road Valle Road/La Movia Avon"/I-5 RB Ramps Camino Las RamblssNla California In Movia Avenua/Calle Arroyo The traffic conditions which warrant installation of these signals ars the result either of "Sating operational deficiencies or of cumulative traffic growth (including the proposed project). As such, the financial responsibility which shall be assigned to the proposed project for constructing these signals shall be limited to the percentage of the increase in misting traffic d=ing peak hours which in attributable to the project, as shown below: method of Timing of Responsible Date Mitigation Measureverification Verification Deou2s®t/Divlalm Completed 55. The AQ►@ contains a number of transportation control measures PC (TCM) which should, therefore, be considered for inclusion where possible in project plowing. These mw include: o Improved public transit o Areswids carpool programa o On -street parking controls o Park -and -Rids lots o Incentives for carpools, transit, bicycles and walking o Bicycle leave and storage o Staggered work hours o Traffic flow improvements 56. Project construction was also identified as an impact ares in need of careful control, particularly with respect to dust emissions and their regional P14-10 impact. The mann of rewm- manded construction activity control measure, includes: Minimize Construction Activity Emissions o water site and equipment morning and evening using non - potable water resources, where available. o Pave on -sits roads as anon as possible into the construc- tion cycle. o Operate street sweepers on paved toads adjacent to the site. o Reestablish ground cover on construction site through seeding and watering, if disturbed sites are to be left unconstrucW for more than 90 days. o Terminate grading and travel on unpaved awfocas if winds exceed 25 mph. Reduce Construction Equipment Emissions o wash off trucks leaving the site. o Properly tow and maintain construction equipment. Reduce Construction -Related Traffic Concestlon o Encourage rideshare incentives for construction personnel. o Encourage transit incentives for construction workers. o Configure construction parking to minimize traffic lntwf"- ence. o Schedule operations affecting roadways for off-peak traffic boors. 11 00 SPR/DO/C BSD