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Resolution Number 06-03-21-04RESOLUTION NO. 06-03-21-0 4 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ADOPTION OFA MITIGATED NEGATIVE DECLARATION AND APPROVAL OF PLANS FOR THE REPLACEMENT OF THE SAN JUAN CREEK WATERLINE CROSSING AT VIA ESTENAGA WHEREAS, the Public Works Department has prepared plans for the San Juan Creek Waterline Crossing at Via Estenaga to replace a waterline exposed during the 2005 winter storms and such replacement is consistent with the recommended water facilities improvements contained in the City Council -adopted Domestic Water Master Plan (DWMP); and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.337, Public Improvement Plans and Outside Agency Development Review of the Land Use Code; and, WHEREAS, the Director of Public Works has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines; has determined that the project qualifies for issuance of a Mitigated Negative Declaration (MND), has issued a Negative Declaration pursuant to Section 15070 of those guidelines; and has caused a ' Notice of Negative Declaration to be posted pursuantto Section 15072 of those guidelines. The City has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970) and all recommended mitigation measures have been incorporated herein; and, WHEREAS, The Draft Mitigated Negative Declaration for the City of San Juan Capistrano Capital Improvement Project "San Juan Creek Waterline Crossing at Via Estenaga"was made available for public review and comment pursuant to the California Environmental Quality Act (CEQA) Guidelines (Section 15073) for a period of 20 days, commencing on December 22, 2005, and ending on January 20, 2006; and during this review period, the City received several comment letters from agencies; and in accordance with CEQA Guidelines Section 15073 (c), the City has evaluated the comments with respect to the proposed project; and, WHEREAS, the City Council conducted a duly noticed public hearing on March 21, 2006, 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 hereby makes the following findings based on substantial evidence in the record with respect to compliance with the provisions of the California Environmental Quality Act: Page 1 of 6 03-21-2006 Section 1. Pursuant to California Environmental Quality Act (CEQA) Guidelines §15074, the Initial Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant environmental effects of the proposed project and is complete and fully complies with all requirements of CEQA and the Guidelines; and, Section 2. The project could result in potentially significant air quality impacts as a result of construction -related emissions. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: AIR 1. During clearing, grading, earth moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust preventive measures using the following procedures, as specified in the South Coast Air Quality Management Districts Rule 403: ❖ Re -vegetate disturbed areas as quickly as possible. ❖ All excavating or grading operations shall be suspended when wind speeds (as spontaneous gusts) exceed 25 mph; ❖ All streets shall be swept once per day if visible soil materials are carried to adjacent streets(recommend water sweepers with reclaimed water); ❖ Install wheel washers where vehicles enter and exit unpaved roads onto paved streets, or wash trucks and any equipment leaving the site each trip; ❖ All on-site roads shall be paved as soon as feasible, watered periodicall, or chemically stabilized; and ❖ The area disturbed by cleaning, grading, earthmoving, or excavation operations shall be minimized at all times. AIR 2. The Construction Contractor shall select construction equipment based upon low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturers specifications. Compliance with these measures will be subject to periodic inspections of the construction equipment by the City. AIR 3. All haul trucks for excavated or graded material on-site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public street and roads. Page 2 of 6 03-21-2006 Section 3. ' The project could result in potentially significant biological resources impacts as a result of construction -related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: 810 1. To avoid potential trampling of arroyo toad, removal of the exposed portions of the existing pipeline within San Juan Creek shall occur outside of the breeding season (March15 through July1). If pipeline removal cannot be conducted outside of the breeding season, then the City will arrange for protocol presence absence surveys for the arroyo toad to be conducted within the project area by qualified biologist, a maximum of two weeks prior to any work within the San Juan Creek Channel. If arroyo toad is determined to be present within the stud area, pipeline removal activities shall be postponed to occur outside the breeding season or, the City may direct their biologist to contact the United States Fish and Wildlife Service to determine the appropriate action to allow removal to proceed and avoid take of the species. 810 2. Prior to construction, the CDFG shall be notified of the proposed activities and a 1602 Streambed Alteration Notification Package shall be submitted to the Department of Fish and Game. F required, a Streambed Alteration Agreement shall be obtained prior to initiation of project activities. ' Section 4. The project could result in potentially significant cultural resources impacts as a result of construction -related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: CR 1. Archeological Monitor. A qualified archeologist (defined as an archeologist on the List of Certified Archeologists for Orange County) shall be retained by the City of San Juan Capistrano and shall be present at the pre -construction meeting to advise construction contractors about the sensitive nature of the cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor, supervised by the qualified archeologist, shall observe on and offsite construction activities that result in grading, and/or excavating below the original ground surface. Should no -human cultural resources be discovered, the monitorpowerto temporarily halt or divert the construction activities until the qualified archeologist can determine if the resources are significant and, if significant, until recovered by the archeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of SS7050.5 of the Health and Safety Code and SS 5097.98 of the Public Resources Code have been implemented. Section 5. ' The project could result in potentially significant water quality impacts related to the existing pipeline removal work. However, the following proposed mitigation measure will reduce such impacts to a level of insignificance: Page 3 of 6 03-21-2006 ❖ WQ 1. Prior to commencement of the removal activities, a waste Discharge Requirement (WDR) or waiver thereof, may be required from the San Diego RWQCB for the discharge of potable water to San Juan Creek. IF WDR's ae prescribed the City of San Juan Capistrano shall incorporate mitigation measures identified in the WDR to reduce potential significant impacts to the water qualify and public nuisance that are due to the treatment or discharge of waste. Section 6. The project could result in potentially significant noise impacts related to the directional drilling work, and from construction -related traffic. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: N.1 Noise sources associated with construction, repairs, remodeling, or the grading of any real property, shall be exempt from the provisions of the City's noise code if conducted from 7:00 a. m. to 6:00 p.m. on Monday through Friday, or from 8:30 a.m, to 4:30 p.m. on Saturday. Construction is prohibited at anytime on Sunday ora Federal holiday. N.2 Equipment will use available noise suppression devices and properly maintained mufflers. Construction noise will be reduced by using quiet or "new technology ; equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty orpoorly maintained engine, drive -train and other components. N.3 During all site preparation, grading and construction, contractors shall minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses. N.4 The equipment staging area will be situated so as to provide the greatest distance separation between construction -related noise sources and noise - sensitive receptors nearest the Project site during all Project construction. N.5 Notification will be given to residences within 91 meters (300 feet) of planned construction activities thirty (30) days prior to commencement of demolition activity, and will include a brief description of the project, the overall duration of the various construction stages, noise abatement measures that will taken, and the name and phone number of the construction site supervisor or his designee to report any violation of a noise or mitigation standard. Section 7. The project could result in potentially significant temporary transportation impacts related to construction activity at the project site. After construction of the project, all transportation Page 4 of 6 03-21-2006 impacts would cease. The following proposed mitigation measures will reduce such ' impacts to a level of insignificance: TRF 1. A Traffic Management Plan (TMP) shall be prepared to address short-term mitigation for roadways and shall be subject to City approval prior to demolition or construction of any facilities. This plan shall consist of prior notices, adequate sign -postings, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign -postings, detours, etc.) as determined appropriate by the Water District Engineer. Adequate access to and from residential areas shall be provided at all times. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction activities shall not interfere with any emergency response of evacuation plans. Construction activities shall proceed in a timely manner in an effort to reduce impacts. Section 8. The proposed project could result in potentially significant Utilities & Service Systems impacts during construction related activity at the project site. However, all proposed mitigation measures previously incorporated herein will reduce such impacts to a level of insignificance. ' NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to General Plan consistency: Section 1. The proposed project is consistent with the policies and objectives of the General Plan, specifically, the Public Services & Utilities Element because the proposed waterline replacement will ensure that the City maintains the ability to provide the required high- quality and dependable water service to the community, and the ability to provide more than adequate fire flow capacity. Section 2. The proposed project is consistent with the City Council adopted Domestic Water Master Plan (DWMP) which identifies the replacement of the existing waterline (Project E-22) to provide necessary higher levels of water service to existing and proposed developments located in the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby recommend adoption of a Mitigated Negative Declaration subject to the mitigation measures contained herein; further recommends approval of the project construction plans and specifications for the proposed project. Page 5 of 6 03-21-2006 PASSED, APPROVED AND ADOPTED this 21 st day of March, 2006, re ♦ IVA 191 . ATTEST. k-�� MA GA ET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 06-03-21-04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21st day of March 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: R. MONAHAN, City Clerk Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin None None Page 6 of 6 03-21-2006