Resolution Number 06-07-18-01RESOLUTION NO. 06-07-18-01
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING PLANS AND SPECIFICATIONS FOR
THE PASEO ACTIVO UTILITY EASEMENT SLOPE PROTECTION
PROJECT
WHEREAS, the City of San Juan Capistrano (City) owns and maintains an existing
utility easement running north and south between Camino Las Ramblas and Paseo Activo;
and,
WHEREAS, the existing utility easement contains sewer, storm drain and domestic
water pipelines which serve the Seaview Estates community of the City; and,
WHEREAS, the easement has been impacted by a surficial slope failure, which
occurred during the 2005 winter storms; and,
WHEREAS, the Public Works Department has prepared plans and specifications for
the repair of the slope; 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 Planning Department 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 Paseo Activo Utility
Easement Slope Protection 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 June 7, 2006, and ending on June 27, 2006; and during this
review period, the City has received no comments.
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:
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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 impacts to biological resources as a result
of construction -related activities. However, the following proposed mitigation measures will
reduce such impacts to a level of insignificance:
BIO # 1
The project will impact approximately 0.03 acres of Coastal Sage Scrub (CSS) habitat.
CSS is the native habitat of the California Gnatcatcher, a federally -listed as threatened
wildlife species. Based on recommendations from the U.S. Fish and Wildlife Service and
the California Department of Fish and Game, prior to any site grading or disturbance, the
City shall remove all exotic and ornamental vegetation within the limits of the project and
adjoining project site using field personnel trained in the removal of such vegetation so as
to minimize seed dispersal and future impacts on existing CSS. Within thirty (30) days
following completion of construction operations, the City shall replant all disturbed areas,
including areas where exotic/invasive species have been removed, with a CSS plant
palette. The City will secure concurrence from the USFWS and CDFG with the proposed
CSS landscape plan and seed mix.
BIO #2
Because of the presence of the CSS, there is a potential for the California Gnatcatcher to
be present. Given this potential, construction of the project will not be initiated until after
the end of the California Gnatcatcher breeding season which ends September 1, 2006.
Section 3.
The project could result in potentially significant noise impacts as a result of construction -
related activities. However, the following proposed mitigation measures will reduce such
impacts to a level of insignificance:
NOISE # 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.
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NOISE # 2
' All construction equipment will use available noise suppression devices and properly
maintained mufflers. Construction noise will be reduced by using quiet or `new technology"
equipment, in particular, mufflers to reduce exhaust noise. 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 or poorly maintained engine, drive -train
and other components.
NOISE # 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.
NOISE # 4
Prior to construction, the City shall establish the equipment staging area in a location so as
to provide the greatest distance separation between construction -related noise sources
and residential areas to the east and northeast of the project site.
NOISE # 5
' Prior to construction, the City shall develop a construction operational plan and evaluate
the plan for potential construction noise impacts to residential areas. When stationary
construction equipment will be operated foran extended period of time so that surrounding
residential properties will be affected by exterior noise levels over 60 dBA (CNEL), the City
shall require the contractor to erect temporary walls/barriers/enclosures. Noise barriers and
enclosures will consist of absorptive material in order to minimize noise impacts on
residential land uses.
NOISE # 6
Thirty (30) days prior to commencement of demolition/construction activity, the City will
provide notification to residences within three -hundred (300) feet of planned construction,
and will include a brief description of the project, the overall duration of the various
construction stages, noise abatement measures that may be taken, and the name and
phone number of the construction site supervisor or his designee to report any violation of
City noise standards or noise mitigation measures.
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:
Page 3 of 4 07/18/2006
Section 1.
The proposed project is consistent with the policies and objectives of the General Plan,
specifically, the Public Services & Utilities Element because the repair of the slope
promotes the stability of existing public utilities and ensures that the City maintains the
ability to provide the required high-quality and dependable water, sewer and storm drain
service to the community.
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.
PASSED, APPROVED AND ADOPTED this 18th day of July, 2006,
ATTEST:
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. 06-07-18-01 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 18rd day of July 2006, by the following vote:
MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
MEMBER: None
MEMBER: None
iAnCity Clerk
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