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Resolution Number 90-4-17-4 75 RESOLUTION NO. 90-4-17-4 ENVIRONMENTAL IMPACT REPORT 90-1 (BARKLEY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 90-1 AS COMPLETE WHEREAS, the applicant L.P. Barkley and Associates, 66 Fairlake, Irvine, California, has submitted Rezone 89-2, an application to rezone approximately 26 acres of land identified as Lot 38 of Tract l 1753; and, WHEREAS, the applicant has also submitted a combined residential concept plan and Vesting Tentative Tract Map 13846, proposing to subdivide the preceding- identified property into hillside estate lots; and, WHEREAS, the City Council has determined that the project will have a significant effect on the environment, has accordingly required preparation of an environmental impact report, designated herein as EIR 90-1, by a City-retained environmental consultant, and has otherwise carried out all requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, in accordance with Section 15083 of the CEQA Guidelines, numerous opportunities were provided for public participation in the environmental review process, both before and during preparation of the environmental impact report (EIR). These included the following: 1. The optional step under CEQA of holding a pre-preparation scoping meeting, attended by two of the Hunt Club residents. 2. The forwarding of the rough draft or "screencheck" EIR to both of the foregoing residents as well as other interested residents of the Hunt Club for comment prior to printing the draft EIR (no comments were received at that time). 3. The transmittal of several letters notifying nearby residents of the progress of the environmental review process and, upon completion, the availability of the draft EIR for resident review. 4. Direct meetings and phone contacts between staff and concerned residents. 5. The inclusion of residents beyond the required 300-foot boundary radius for mailing of both Planning Commission and City Council public hearing notices regarding the EIR and the project; and, WHEREAS, the final EIR, consisting of the draft environmental impact report, comments from the public on the draft report, and responses to those comments prepared in accordance with Section 15088 of the CEQA Guidelines, has been reviewed by the City Council; and, WHEREAS, the City, through its environmental consultant, has prepared a monitoring program to ensure that mitigation measures identified in the EIR are implemented; and, -I- w WHEREAS, the City's Planning Commission has forwarded the EIR to the City Council recommending certification as complete; and, WHEREAS, a public hearing has been duly advertised in the Capistrano Valley News and held to receive and review public testimony on the EIR and the project; and, WHEREAS, the City Council finds that changes or alterations have been required in or incorporated into the project, in the form of the project design features and required mitigation measures described hereinbelow, which avoid or substantially lessen each of the significant environmental effects identified in the final EIR. The identified impacts and the evidence and rationale supporting the finding that each such impact will be avoided or substantially lessened are as follows: A. Landform Alteration 1. Potential Impacts The project would result in the movement of 92,170 cubic yards of earth, of which 85,170 would be imported from offsite. This would result in significant landform alteration to create building pads, roads, and infrastructure. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The mitigation measures set forth in Exhibit R-1, attached hereto, under the heading "Landform Alteration" will substantially lessen the significant environmental effects of the earth movement in the following ways: a. The requirement for the overall project grading to conform to the recommendations from the Preliminary Geotechnical iReport, and for future individual lot grading to conform to an additional detailed geotechnical report prepared for each lot will insure that all grading provides for safe and stable development within the project. b. The requirements for City approval of haul routes for import of fill material will minimize the impacts of the import operations on nearby residents. C. Additional mitigation measures listed under "Visual Quality", "Noise", and "Archaeology" will lessen the visual, construction, and other impacts of the proposed grading. B. Visual Quality 1. Potential Impacts Moderate to high visual impacts will occur when the project is viewed from the Marbella Country Club development or from high viewpoints overlooking the site such as the Aja residence. Lower visual impacts will occur when the project is viewed from upper Steeplechase Drive. -2- 177 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The 29 mitigation measures required as conditions of project approval, set forth in Exhibit R-1 under the heading "Visual Quality," will substantially lessen the significant visual impacts in the following ways: a. The requirements that the scale of the new homes to be built is compatible with the existing hillside landforms and that vertical building elements be limited and horizontal elements emphasized will result in the new construction being blended into the natural landscape as viewed, both from below (Marbella Country Club) and above (Aja residence, Steeplechase Drive). b. The requirements that building colors and other architectural design standards adhere to those of the Marbella Country Club development will ensure that the new project will be harmonious in appearance to the nearby Marbella homes instead of the new project standing out as a separate contrasting development. C. The requirements that the new homes be sited to the rear of the graded pads and that they be placed in front of manufactured slopes wherever possible will serve to screen the graded slopes from the valley below. d. The limitations on hillside drainage structures, the blending of manufactured slopes into ungraded slopes at their interfaces, the rounding of manufactured slopes at their tops and toes, the alignment of roads parallel to the contours of the slopes, and the limitations on retaining walls will all serve to minimize and soften the visual effects of the project grading, viewed from both above and below. e. The limitations on project lighting will serve to minimize the visual impacts of the development at night and will help to maintain the semi-rural estate character of the area. f. The requirements for the retention of natural slope vegetation, the preservation of the existing eucalyptus trees, the use of informal groupings of tree clusters and shrub drifts, and the use of perimeter landscaping at the top of the ravine will help restore the natural character of the site after grading is completed. C. Air Quality 1. Potential Impacts The EIR analysis concluded that no significant microscale air quality impacts would occur from the project because of the low number of new dwelling units. -3- 2. Evidence and Rationale rti Suppong Finding that Environmental impacts will be Avoided or Substantially Lessened a. The low density and small scale of the project, 15 homes on 26.5 acres, will limit the air quality impacts of the project. Thus, significant impacts will be avoided by the project characteristics in this category. b. Although no significant adverse air quality impacts are projected, standard City requirements for watering during grading and limitations on hours of grading operations will limit the residual air quality impacts by reducing the amount of airborne dust created by grading operations. C. In addition to the above, the mitigation monitoring program for the project, attached hereto as Exhibit R-1, contains reference to transportation-related air quality impacts resulting from development throughout the region. These include: improved public transit; areawide carpool program; on-street parking controls; park and ride lots; incentives for carpools, transit, bicycles and walking; bicycle lanes and storage; staggered work hours; and traffic flow improvements. These measures are presently being implemented on a regional basis. D. Hydrology 1. Potential Impacts The ravine will be eliminated as a surface drainage feature. In addition, construction of homes and roads will slightly increase the amount of impermeable surface in the area, thus incrementally increasing water runoff by an estimated 6.4 percent over the undeveloped condition. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The construction of a major 30-inch diameter storm drain in Street "A", plus the surface of Street "A" itself will carry storm and nuisance water runoff from both the present project and from the existing Hunt Club development at the top of the ravine. The storm drain will be sufficient to accommodate runoff from a 25- _ year storm through the ravine per City standards. The estimated flood flow from a 25-year storm is 80 cubic feet per second (cfs). The excess flow from a 100-year storm, an added 18 cfs, will be carried without overflow on the street itself. E. Biological Resources 1. Potential impacts Development of the property will result in the loss of existing vegetation and habitat/foraging area and a corresponding loss or -4- 179 displacement of wildlife presently inhabiting the property. None of the affected species have been identified as rare, threatened, or endangered. 2. Evidence and Rationale Supporting Finding that Environmental Facts will be Avoided or Substantially Lessened a. The requirement that the existing stand of eucalyptus trees at the mouth of the ravine be retained will mitigate the impacts of ravine development and will preserve nesting and roosting places for the bird species that presently inhabit the site. b. The requirement for approval of a landscape plan for the development of each lot using native plant species to the maximum extent possible will help to replace native vegetation lost to grading. C. The project design, preserving 65 percent of the property in ungraded open space, will maximize the preservation of existing vegetation on the hillside parallel to Golf Club Road. d. The conveyance of an open space easement to the City will ensure that the ungraded open space will be preserved as such. F. Noise, Light and Glare 1. Potential Impacts The analyses in the EIR concluded that no significant noise or light/glare impacts would result from the project. �. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened a. The low density and small scale of the project, 15 homes on 26.5 acres, will limit the noise and the light and glare generation. Thus, significant impacts will be avoided by the project characteristics in these categories. b. Residual noise impacts will be mitigated by City limitations on construction hours of operation and City regulations limiting noise generation onto nearby properties. C. Residual light and glare impacts will be mitigated by the requirement for the approval of a lighting plan for each lot prior to issuance of a building permit. The lighting plan will require the use of low intensity outdoor lighting and will require the shielding of light sources from other properties. G. Land Use and Relevant Planning 1. Potential Impacts The EIR concluded that no significant land use planning impacts -5- 180 would result from the project. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The project as proposed at .6 dwelling units/acre complies with the General Plan's maximum one unit/acre designation for the property ^1 and with other relevant General Plan elements. Therefore, significant impacts in this category have been avoided by the design characteristics of the project. H. Population 1. Potential Impacts The EIR concluded that no significant population impacts would result from the project. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The projected population increase from the project at full buildout of 53 persons would represent approximately .9 percent of the City's projected growth to the year 2000. This growth is provided for in the City's General Plan and within its growth management system. Therefore, significant impacts in this category have been ` avoided by the characteristics of -the project, i.e. the low number of dwelling units and accompanying small population increase. I. Transportation/Circulation ` 1. Potential impacts The EIR analysis concluded that no significant transportation or circulation impacts would result from the project. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The EIR traffic generation analysis found that the project will result in a trip increase of approximately 225 vehicles per day at buildout. This increase would result in no changes to the level of service (LOS) on any roadway serving the project. Therefore, significant impacts in this category have been avoided by the characteristics of the project, i.e. the low number of dwelling units and accompanying low traffic generation. J. Archaeology i 1. Potential Impacts No cultural material, prehistoric or historic, was found as a result of a physical survey of the property. However, four prehistoric sites have earlier been identified in the vicinity of the project. Also, the mouth of the ravine is a flat area containing substantial native vegetation and was judged to have moderate potential as an -6- 181 archaeological site. The dense vegetation made visual inspection of the ground in this area impossible. If resources are present at this location, development could have a significant impact. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The following mitigation measure would be imposed as a condition of approval of the project: Prior to the issuance of any grading permit, thi subdivider/developer shall provide evidence to the Director of Community Planning and Development that a certified archaeologist has been retained to observe all ground clearing and grading activities associated with the project. The archaeologist shall have the authority to halt or redirect work should any archaeological resources be discovered. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project developer and the Director of Community Planning and Development. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the subdivider/developer and the City, for exploration and/or salvage. Excavated finds shall be offered to the City, or its designee, on a first refusal basis. The subdivider/developer may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless such finds are of special significance, or a museum in Orange County indicates the desire to study and/or display them, in which case items shall be donated to the City or its designee. These actions, as well as final mitigation and disposition of the resources shall be subject to the approval of the Director of Community Planning and Development. The preceding mitigation measure will provide for: 1) the identification of any archaeological resources uncovered during development; and 2) the preservation of any significant resources uncovered. Thus, potential significant impacts in this category have been substantially lessened by these mitigation safeguards. K. Fire Protection 1. Potential Impacts The EIR found that the property is located within an area considered to be high fire hazard and that, therefore, development could expose future residents and property to the potential of wildland fire. Correspondence from the Orange County Fire Department indicated that the risk could be effectively mitigated. 2. Evidence and Rationale Supporting Finding that Environmental Impacts will be Avoided or Substantially Lessened The following fire protection mitigation measures would be imposed on any project approval to substantially lessen the -7- �. 82 significant environmental impacts of fire danger: j a. Prior to the recordation of a final tract map, water 4 improvement plans for adequate fire protection and financial security shall be posted for the installation per the Municipal j Code. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants shall be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. b. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted by each lot owner/developer and approved per the Municipal Code. Fire hydrants shall be in place and operational to meet required fire-flow prior to the commencement of any construction with combustible materials. C. Prior to the issuance of a grading permit for the project, a fuel modification plan and program shall be prepared by the subdivider/developer and approved by the County Fire Department. The plan shall show special treatment necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall address the method of removal and installation; mechanical or hand labor to be used; and provisions for its continued maintenance. The approved fuel modification plan shall be completed to the satisfaction of the Fire Department prior to the issuance of the applicable use and occupancy permit for each lot. d. Prior to the issuance of any certificate of use and occupancy within the subdivision, Street "A", as identified on the tentative tract map, shall be red-curbed and posted "No Parking -- Fire Lane" per Section 10.207 of the 1985 Uniform Fire Code in a manner meeting the approval of the County Fire Department; and, WHEREAS, the City Council finds that the foregoing explanations of specific project characteristics and mitigation measures constitute the "substantial evidence in the record" required by Section 15091 of the CEQA Guidelines to support the finding that the significant environmental effects of the project will be avoided or substantially lessened; and, WHEREAS, the City Council hereby finds that the six alternatives to the project addressed in the environmental impact report are not feasible because of the following economic, social, and other considerations: A. No Project 1. Description The "No Project" alternative assumes that the existing regulations applicable to the property would remain in place. The EL(25) (Large Estate, minimum 25-acre lot size) zoning currently on the -8- �� rte....-.. 183 property would allow a maximum of one dwelling unit on the site. 2. Findings With only one dwelling unit on the property, all of the potential impacts analyzed in the EIR would be significantly reduced, depending on the size of that one residence and its location within the property. However, because the potential impacts of the Project itself have been avoided or reduced to a level of insignificance, the reduction in impacts from this alternative is incremental. Also, because the ownership of the property would continue to be held by one owner, this alternative would likely not result in the permanent preservation of open space as provided by the Project via dedications to the City. B. No Development 1. Description The "No Development" alternative assumes that the site would remain vacant. 2. Findings The preservation of the entire site in open space is not economically feasible because it would deny the owner any economic use of the property and would therefore require its purchase by the City. No City funds are available for such a purchase. (The owner has not indicated a willingness to preserve the property as open space by either retaining it without development or by donating it to the City). In addition, the ravine bottom will require drainage improvements in order to control both erosion within the ravine and siltation downstream where the ravine runoff is transferred into the Marbelia Country Club drainage system. These improvements are not feasible without at least some level of development of the property to support the improvement costs. C. Alternate Site Design 1. Description This alternative assumes 15 dwelling units in a modified configuration. It proposes that the units be clustered in approximately one-acre parcels in the northern portion of the site, roughly in the areas of Lots 1-6 as shown on the present plan. 2. Findings This alternative is not acceptable to the City because it would require that all units be built on the steepest portions of the site. It would thus increase the overall grading impacts of the project. In addition, although this alternative would result in less visual and noise impacts to the Hunt Club residents, it would result in correspondingly greater such impacts to the Marbella residents. -9- D. Increased Density 1. Description 4 This alternative would allow the maximum number of units presently permitted under the General Plan, i.e. 26 units on the 26.5-acre property, or about one unit per acre overall. r. 2. Findings This alternative is not acceptable to the City because the environmental impacts of the increased density would be significantly increased in almost every impact category. E. Reduced Density 1. Description A reduced-density project, providing for seven units on Lots 1-7 of the present plan, would remove all development from the ravine area. 2. Findings By nature of its reduction in size, this alternative would result in an incremental decrease in the potential environmental impacts of the Project. This alternative would still require the implementation of mitigation measures, however, to lessen potential impacts of development. Its lesser size alone and the corresponding reduction of impacts form the basis for its identification in the EIR as the environmentally superior alternative. Because the Project will also reduce all of its potential impacts to a level of insignificance, there is relatively little overall difference between the environmental impact of the two projects once built. Also, the Project, at .57 units per acre, is already substantially below the General Plan density maximum of one unit per acre. In view of the above, the City believes that the Project is comparable to this alternative in terms of the General i Plan land use designation on the property and the policies set forth in the General Plan text. F. Alternative Project Location 1. Description An alternate project location, on a vacant property of similar topography, could be the area at the eastern terminus of Camino Las Ramblas. 2. Findings With respect to environmental impacts, this alternative would require significant grading to render the site buildable. This could result in significant visual impacts on nearby residents. Also, the soil conditions of this alternate site would require more corrective work to ensure stable development. The air, noise, biological -10- I 185 resources, light and glare, population, and transportation impacts of this alternative would be similar to those of the Project as proposed. Impacts relating to hydrology may be somewhat greater than the Project as proposed. This alternative would result in an increase in impacts relative to landform alteration and fire protection compared to the Project. This alternative would also require a zone change from Open Space and Growth Management to Residential. Although the majority of impacts from this alternative should be mitigable to levels of insignificance, selection of this alternative would only be transferring a development with no significant impacts (i.e. the Project) from one area of the City to another. Avoidance of or reduction in impacts, not transference on increase, is the goal of CEQA. Therefore, because this alternative would not result in an overall reduction in impacts, but may create additional impacts over and beyond those of the Project, it is not considered as desirable as the Project. NOW, THEREFORE, BE IT RESOLVED, that, in accordance with Section 15090 of the CEQA Guidelines, the City Council of the City of San Juan Capistrano does hereby certify that: 1. FIR 90-1 was prepared in compliance with the California Environmental Quality Act and is final and complete. 2. The information contained in the final FIR was reviewed and considered by the Council prior to action on the project. BE IT FURTHER RESOLVED, that the Mitigation Monitoring Program prepared to ensure that the mitigation measures identified in the EIR are implemented is hereby adopted and incorporated herein by reference. Said Mitigation Monitoring Program is attached hereto as Exhibit R-1. PASSED, APPROVED, AND ADOPTED this 17th day Of -April , 1990. Z' GA LA . USDORFER, MAY R ATTEST: I CL R -11- X96 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, GEORGE SCARBOROUGH, Acting 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. 90-4-17-4 adopted by the City Council of the City of San Juan Capistrano, California, ata regular meeting thereof held on the 17th day of April , 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: None (SEAL) GESCARnOROUGH, ACTNqlCITY CLERK II I i i i -12_ i 18 '7 EXHIBIT R-1 MITIGATION MONITORING PROGRAM i �GaTiox �arn+aQ�c raoc�asu � I. TENTATIVE WALT TT 13846 $ RZ 89-2 Compliance Compliance tiri+i�tior Ifsas�ue M Paae Point Gate i I A. landform Alteration/Visual Quality landform Alteration 1. All recommendations contained in the 29 GP Revised Preliminary Geotechnical Report dated October 20, 1989 shall be incorporated into the grading and design of structures and grading for the project, all in a manner meeting the approval of the City Engineer. j 2. Prior to the issuance of a grading permit 29 GP for development of any lot on the tract map, j the applicant shall submit a detailed geotech- nical report for the review and approval of the City zngineer. This report will primarily involve an assessment of potential soil-related , constraints and hazards such as slope instability, settlement, liquefaction, or related secondary seismic impacts where determined to be appropriate by the City Engineer. The report shall also include evaluation of potentially expansive soils and recommended construction procedures and/or design criteria to minimize the effect of these soils on the proposed development. 1 oospliance Lianoe pig Point _ 3. Prior to the issuance of a grading permit, 29 GP the applicant shall identify the location of any borrow sites from which extra fill will be imported and the route of haul to the project site and provide such information for the review and approval of the City. Visual Quality 1. All residences and associated walls, fences, 30 BP decks, or other structural elements shall adhere to the design philosophy and architectural standards outlined in the Marbella Golf and Country Club's •Barbella Property Association Architectural Review Committee's Regulations and Guidelines for Design and Construction Standards.• 2. The scale of buildings shall be kept 30 BP compatible with existing landforms. 3. Horizontal architectural elements shall be 30 BP emphasized for residential structures. Primarily vertical architectural features such as large, unbroken wall faces or towers shall be avoided. 4. On lots 1-7, 9 14, and 15, visually unbroken 30 BP two story structures shall be avoided. A horizontal architectural element, whether structural or finish, shall visually separate the first and second stories. Alternately, the second story shall be stepped back. 2 M Compliance Oomplianos BlR Pane Point Data 5. Roof pitch shall be a maximum of 3.5=12. 30 HP 6. Retaining walls visually integrated with 30 HP building design shall be limited to six feet in height. Retaining walls not associated with structures and facing either the Marbella Golf and Country Club or the residences within The Hunt Club or on the Aja property shall be j limited to four feet in height. 7. The configuration of all exterior light 30 HP sources shall be directed away from the Marbella Golf and Country Club or residences within The Hunt Club or on the Aja property. Exterior lighting shall be very low level and low wattage. Floodlighting of structures, trees, or plantings for purely display purposes shall be avoided. i S. The color, material and size of any signage 30 HP shall be appropriate in relation to adjacent development. i 9. Colors to be used on exterior buildings, 30 BP fences, and walls shall be as outlined within the Marbella Golf and Country club design regulations and guidelines, with the following exception. Structures located on lots 7-14 shall be limited to Peach, villa (peach/brown) , and Hacienda (light/brown) . 10. Structure siting for lots 7-14 shall be 30 GP toward the extreme rear of the graded lots, with structures sited directly against or into the hillside slopes. Camplianoe apliance RS Paas Point Date 11. The aim of precise road and driveway 30 GP alignments shall be to minimize cut and fill on hillside slopes. 12. Slope grading techniques in visually 31 GP sensitive areas shall be designed to visually blend manufactured and existing slopes. Grading design should emphasize slope contouring techniques, including contour indulation and variable slopes. 13. Newly graded slopes shall be designed to 31 GP smoothly blend with existing topography. Tops and toes of slopes shall be rounded. hard edges and angles shall be avoided. 14. Residential pads shall be designed to 31 GP absolutely minimize cuts on hillsides behind the residences. is. Grading shall be designed to preserve the 31 GP visually apparent aspects of existing swales and natural drainage patterns on hillsides visible from the Marbella Golf and Country Club. 16. The use of brow ditches, cross slope 31 GP drains, and down drains on cut slopes shall be limited to areas absolutely requiring such structures for erosion control. oompliance cumplianoe 88 Paas Point Date 17. Graded areas associated with residences, 31 GP roads, or driveways shall be landscaped immediately upon completion of grading and compaction. 16. Driveways associated with lots 7-14 shall 31 GP be limited to masonry units, concrete or textured concrete. Masonry color is limited to tan, beige, or light earth tones. Concrete must be tinted to match the same range of tones. 19. Significant existing stands of trees on 31 GP the site shall be preserved. 20. The natural vegetation of the site shall 31 GP be preserved on all hillside areas not directly affected by grading. Clearing of natural vegetation on slopes behind residences shall be limited to that required by grading and by fire protection. 21. Introduced landscaping shall be limited 31 GP to areas directly associated with residences, roads, and driveways. No introduced landscaping shall be employed on hillsides more than 30 feet above residential pad elevations. Existing natural vegetation shall be protected and maintained on upper hillside slopes. 22. The plant palette shall be appropriate to 31 LP the Mediterranean character of the site. Domplianoe apliamoe JWLRMW Paint Date 23. Graded slopes more than 30 feet above 31 GP residential pad elevations shall be revegetated immediately following compaction using native plant species. 24. Landscaping along roads and driveways 31 Ip shall emphasize informal and varied massing, rather than linear or regular placement. Trees with mature heights of over 30-35 feet shall be avoided. 25. Driveways associated with lots 7-14 shall 32 LP have perimeter landscaping treatments with informal drifts of shrubs at least 3-4 feet in height. 26. The eastern portion of the property boundary 32 LP adjacent to the sections of lots 10 and 11 proposed for development shall have a 20 foot landscaped buffer with low canopy trees and shrubs arranged in an informal and varied pattern. The aim shall be to soften the edge of the development blocking inappropriate views while allowing windows for some longer views farther down the ravine. 27. Nanufactured slopes shall be placed behind 32 GP homes (i.e. , on uphill side) wherever possible. 28. The City of San Juan Capistrano's 32 Sp Guidelines for Hillside Custom Homes shall be adhered to. � pp�� Ccmplianos ftmpliance W xxMizowPoint Irate 29. Where retaining walls are needed, crib 32 GP walls or stepped terrace walls with plantings ,a,,,. shall be used. B. Air Quality Because almost all of the project-related air 37 GP quality impact derive from vehicular sources beyond the control of the project sponsors or local regulatory agencies, there is little potential for substantial impact mitigation. Certain mandatory measures such as dust control during construction to prevent dust nuisance and compliance with energy conservation standards in Title 24 of the California j Administrative Code will be implemented, but they do not address the basic transportation related air quality impacts. The AQNP does, however, contain a number of 37 N/A transportation control measures (TCK's) which should therefore, be considered for inclusion where possible in project planning. These measures include: o improved public transit o Areawide carpool program 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 z litigation measureaNPliance Compliance B Poirot Date o Traffic flow improvements in order for these measures to be effective, 37 NSA they need to be organized at a program level involving not only one single project, but the entire San Juan Capistrano area. This 15 unit development of itself is far too small to effectively be a major part in any travel reduction program. However, with a requirement of the AQNP that local jurisdictions develop air quality elements or sub-elements in the General Plans, a more effective integration of these candidate measures will likely be attained at the local level. C. Hydrology 1. Prior to the recordation of any final tract 38 NR map or prior to the issuance of any grad permits, whichever occurs first, the applicant shall design and construct the following improvements and provide necessary dedications in a manner meeting the approval of the City Engineer: a. All provisions for surface drainage: and b. All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff: and too c�omplianoe C1omQlianoe mitigation NDAMLVM Zia-ewe Point Date c. Where determined necessary by the City Engineer, the associated easements shall be dedicated to the City of San Juan Capistrano. �I D. Biological Resources 1. The stand of eucalyptus trees shall be 44 GP retained as roosting and nesting areas for raptors and other birds. 2. A landscape plan shall be approved by the 44 GP Director of Community Development for each dwelling prior to the issuance of a grading permit. Said plan shall indicate a reliance on the use of native species in the landscape plant palette to the maximum extent possible. 3. An open space easement shall be offered 44 GP for dedication to the City over all areas of each lot outside of the immediate area of development. The manner and form of such easement shall be subject to the review and approval of the Director of Community Development. s Compliance Compliance Mitigation Measure EIR Paoe Point Date 4. Prior to the issuance of any grading N/A GP permit for the property, the applicant shall provide evidence that he has obtained an agreement with the State Department of Fish and Game pursuant to Section 1601-03 of the Fish and Game Code and/or a permit from the U.S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act or that no such agreement/pexnit is required in a manner meeting the approval of the City Engineer. 9A Compliance compliance Poirot Date M B. Noise/Light and Glare Noise 1. Prior to the issuance Of any grading permits, 48 GP the applicant/builder shall provide evidence acceptable to the City Engineer that: A. All construction vehicles or equipment, fixed or mobile, operated within 1000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. B. All operations shall comply with the City of San Juan Capistrano Noise ordinance. C. stockpiling and/or vehicle staging shall be located as far as practicable from dwellings. 2. Construction activities shall be prohibited between the hours of 7:00 pm and 7:00 an on weekdays and s:o0 pm and 9:oo an on weekends and holidays. Such limits shall be stated on any grading or building permit issued for the project. 14 c��i�noe oospi�tao�oe Light and Glare 1. Prior to the issuance of a building permit 48 gp for each structure, the applicant/builder shall submit a lighting plan for the review and approval of the Director of Community Development as required by the City Municipal Code Section 9-3.614. The purpose of this review is to ensure that all lighting proposed to be included on each building site complies with Section 9-3.614. F. Archaeology 1. Prior to the issuance of any grading permit, 64 GP the applicant shall provide evidence to the Director of Community Development that a certified archaeologist has been retained to observe all ground clearing and grading activities associated with the project. The archaeologist shall have the authority to halt or redirect work should any archaeological resources be discovered. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project developer and the Director of Community Development. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project developer and the City, for exploration and/or salvage. Excavated finds u OOmplianoe Compliance ffi Pane Point Date shall be offered to the City, or its designee, on a first refusal basis. Applicant any retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless such finds are of special significance, or a museum in orange County indicates desire to study and/or display them at this time, in which case items shall be donated to the City or designee. These actions, as well as final mitigation and disposition of the resources shall be subject to the approval of the Director of Community Development. G. Fire Protection 1. Prior to the recordation of a final tract 66 MR map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading schedule" for Municipal Fire Protection. 22 Q� �l�iance 2. Prior to the issuance of any building 66 HP permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire- flow prior to the commencing of construction with combustible materials. 3. Prior to the issuance of any grading 66 GP permits, a fuel modification plan and program shall be approved by the Fire Chief. The plan shall show the special treatment to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall address: The method of removal and installation: mechanical or hand labor, and provisions for its continued maintenance. The approved fuel modification plan shall be installed prior to the issuance of building permits, under the supervision of the Fire Chief„ and completed prior to the issuance of applicable use and occupancy permits. 4. Prior to the issuance of any certificates 66 coo of use and occupancy, street 'A' , as identified on the tentative tract map, shall be red curbed and posted `No Parking-Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. HP - Prior to issuance of a building persit Coo - Prior to issuance of a certificate of use and occupancy Gp - Prior to issuance of a grading persit Ip - Prior to approval of a landscape plan N/A - Not applicable NR - Prior to recordation of a final subdivision map i �I i i li