Resolution Number CVWD 01-07-17-1RESOLUTION NO. CVWD 01-07-17-1
' A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO
VALLEY WATER DISTRICT OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING A NEGATIVE DECLARATION FOR THE CONSTRUCTION
OF THE CAPISTRANO VALLEY WATER DISTRICT DESALTER
(RO/DBOF) FACILITY. (CAPISTRANO VALLEY WATER DISTRICT
DESALTER/DANCEHALL SITE)
WHEREAS, The Capistrano Valley Water District has requested certification
of a Mitigated Negative Declaration associated with the proposed construction of the
Capistrano Valley Water District Desalter (RO/DBOF) facility to be located on property
located immediately north of San Juan Creek and east of Trabuco Creek which is General
Plan -designated (QI), "Quasi- Industrial' and classified as (MG), "General Industrial' on the
Official Zoning Map; and,
WHEREAS, the Environmental Administrator has prepared an initial study
pursuant to Section 15063 of the CEQA Guidelines and, pursuant to Section 15070 of the
CEQA Guidelines, has issued a negative declaration and caused a Notice of Negative
Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and all
mitigation measures have been included herein as conditions of approval, and has
' otherwise complied with all applicable provisions of the California Environmental Quality
Act (CEQA); and,
WHEREAS, the Capistrano Valley Water District, Board of Directors
conducted a duly noticed public hearing on July 17, 2001 pursuant to Section 9-2.313 of
the Municipal Code to consider public testimony on the proposed project; and,
NOW, THEREFORE, BE IT RESOLVED, that the Capistrano Valley Water
District Board of Directors does hereby make the following findings:
The Mitigation measure contained in the Mitigated Negative Declaration, as issued
by the City's Environmental Administrator, will reduce potentially significant
environmental impacts to a level below significance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Capistrano
Valley Water District Board of Directors does hereby confirm issuance of a mitigated
negative declaration and approvesthe project subjecttothe following mitigation measures:
Mitigation Measures
i. Prior to the commencement of any grading activities, the San Juan Basin
Authority shall prepare a geotechnical study for the site. Additionally,
observation, testing, and consultation by a soils engineer will be conducted
during grading operations to ensure that all cut and/orfilled areas are graded
in accordance with the project specifications in a manner meeting the
approval of the San Juan Basin Authority, General Manager.
2. Prior to the commencement of any grading activities and/or site preparation,
the San Juan Basin Authority shall prepare a comprehensive construction
haul route and operations plan which shall be submitted to the jurisdiction
(i.e. City of Dana Point, City of San Juan Capistrano, and/or County of
Orange) where the property is located. The haul route and operations plan
shall also include measures forfugitive dust during construction activities (i.e.
watering of site) in compliance with SCAQMD Rule 403.
The San Juan Basin Authority shall suspend the use of all grading equipment
operations during second stage smog alerts.
4. Prior to the commencement of grading, the San Juan Basin Authority shall
approve and ensure the implementation of a dust control program in
compliance with South Coast Air Quality Management District Rule 403
during demolition, excavation, grading, and construction. This program shall
include such measures as: containing soil on-site until it is hauled away,
periodic watering of stockpile soil, control of fugitive dust during grading, and
vacuum sweeping of streets used for the haul operation to remove
accumulated material.
Construction operations shall utilize methods to reduce pollutant emissions
to the greatest extent feasible. Such methods may include the following:
a. Use of low -emission construction equipment:
b. Rideshare program and incentives for construction employees;
C. Suspend grading operations during first and second stage
smog alerts;
d. Maintain construction equipment with properly tuned engines;
e. Use of low -sulfur fuel for stationary construction equipment;
f. Use of on-site power instead of portable generators;
g. Coordinate construction operations to minimize traffic
interference.
6. During grading activities, the San Juan Basin Authority shall ensure that
grading operations shall be suspended when wind speeds (as instantaneous
gusts) exceed 25 miles per hour.
' 7. The SJBA shall monitor the effect of the project, if any, on groundwater levels
and quality in the vicinity of existing wells to ensure that there are no
significant adverse impacts caused by the project on existing levels of
pumping for reasonable and beneficial uses. If there are impacts that impede
the ability to pump for these uses, the SJBA shall take appropriate steps to
mitigate. The Authority shall comply with all agreements entered into
regarding mitigation measures for project impacts, as they are amended from
time to time.
8. On an annual basis, after the implementation of Phase I of the project, the
San Juan Basin Authority shall submit to the SJBA Board of Directors an
annual monitoring program. Such program shall evaluate the operations of
the Phase I facilities of the preceding year in order to establish project
operating parameters for the upcoming year. After the implementation of
Phase I, the SJBA shall submit quarterly monitoring reports to the SJBA
Board of Directors and the California Department of Fish and Game.
Thereafter, and upon concurrence with the California Department of Fish and
Game, biannual reports fora period of four years shall be submitted to ensure
that project implementation has not resulted in adverse effects on the
groundwater levels.
9. Prior to the implementation of Phase II of the project, the San Juan Basin
Authority shall present to the SJBA Board of Directors a report on the
feasibility of the Phase II plans. The report shall include performance tests
taken during and after Phase I as well as a revised San Juan Basin
Groundwater Management and Facility Report. The focus of the revised
report would be to define the groundwater and surface water interaction
during Phase I and then apply those factors to Phase Ii to ascertain potential
impacts before Phase II is undertaken .
10. Prior to the commencement of any grading for the project, a survey for the
Least Bell's Vireo and Southwestern Willow Flycatcher shall be conducted in
suitable habitat between April 15 and July 31 by a qualified biologist using
protocols acceptable to the U.S. Fish and Wildlife Service and the California
Department of Fish and Game. Surveys for other sensitive species (such as
Yellow -Breasted Chat, Yellow Warbler, and Blue Grosbeak) shall be
conducted concurrently using the same criteria.
11. Prior to commencement of any grading for the project, focused surveys for
native fish (Arroyo Chub, Partially Armored Three spine Stickleback,
California Killifish, and Steelhead) shall be conducted by a qualified biologist
at each infrastructure location which could potentially affect pools or runs of
the San Juan and Trabuco Creeks. Such surveys shall be conducted using
protocols acceptable to the U.S. Fish and Wildlife Service and the California
' Department of Fish and Game.
12. Prior to commencement of any grading for the project, directed surveys for
the Arroyo Toad, Western Spadefoot, and Southwestern Pond Turtle shall be
conducted in suitable habitat by a qualified biologist using criteria acceptable
to the U.S. Fish and Wildlife Service and the California Department of Fish
and Game.
13. Prior to the commencement of any grading for the project, a survey for
sensitive plant species (Southwestern Spiny Rush and Coulter's Matilija
Poppy) shall be conducted by a qualified biologist using protocols acceptable
to the U.S. Fish and Wildlife Service and the California Department of Fish
and Game.
14. Prior to the commencement of any grading for the project, a wetland
delineation shall be conducted at each infrastructure location chosen for the
project, as well as any areas which may be affected by project construction.
Such wetland delineation(s) shall be conducted by a qualified biologist
pursuant to the criteria established by the Army Corps of Engineers and the
California Department of Fish and Game.
15. Prior to grading and construction related to project infrastructure, the SJBA
shall ensure that downstream sedimentation in the area of San Juan Creek
shall not occur during the late winter and spring breeding seasons, which may
affect native fish populations, and native amphibian egg masses and larva.
The SJBA shall implement standard construction procedures in compliance
with local jurisdictions for control of sedimentation during grading and
construction for each infrastructure site. Such procedures shall be
determined prior to grading and construction for each infrastructure site.
16. Priorto the final selection of project infrastructure in sensitive locations bythe
SJBA Board of Directors, the SJBA shall consult with a qualified biologist and
biologists from the California Department of Fish and Game to determine
acceptable sitings for well, pipeline, and access road facilities. Such siting
shall be determined by the SJBA, the qualified biologist, and the biologists
from the California Department of Fish and Game by field inspections of the
proposed sites which are located in sensitive areas.
17. Prior to the commencement of any phase of the project, a total of 3-5
piezometers shall be installed by the SJBA in those areas directed by the
California Department of Fish and Game in order to monitor soil moisture
within the riparian zone for Phase I and II of the project. If moisture falls
below natural levels for sustaining vegetation, pumping in that area will cease
until moisture levels are adequately restored.
a
18. Project grading and construction activities, if proposed in the vicinity of areas
' known to be occupied by Least Bell's Vireo, Southwestern Willow Flycatcher,
and California Gnatcatcher, shall not occur during the breeding season for
said sensitive species (February through July).
19. Prior to construction of project infrastructure, the SJBA, in coordination with
the consulting biologists and the California Department of Fish and Game,
shall remove species of non-native vegetation from the banks of streams
where project facilities are to be located.
20. Prior to the commencement of pumping in any area where important native
vegetation and/or surface water resources could be affected, the San Juan
Basin Authority (SJBA) shall ensure that a mitigation monitoring program is
established to observe, track, and control the effects of pumping on important
native vegetation and surface water resources. The vegetation monitoring
shall be performed by a qualified biologist or other qualified observer. The
areas of vegetation to be monitored and the frequency of monitoring shall be
determined by recommendations of the consulting biologist. The mitigation
monitoring program shall be part of the 1601 agreement between the SJBA
and the California Department of Fish and Game, and periodic monitoring
reports (as set forth below) shall be forwarded to the California Department
of Fish and Game.
' 21. This mitigation monitoring program shall be reviewed by the consulting
biologist every three (3) months from the date of commencement of the
project. Such review will determine if continued vegetation and/or surface
water resource monitoring is necessary, or whether the frequency of review
requires adjustment. Any revisions to the mitigation monitoring program by
the SJBA or consulting biologist shall be coordinated with the California
Department of Fish and Game.
22. Prior to commencement of pumping for Phase II of the project, a mitigation
monitoring program shall be developed to observe, track and control the
effects of Phase II of the project by utilizing the same terms, parties, and
review as provided in the mitigation monitoring program for Phase I of the
project.
23. If at any time during the monitoring of Phase I or Phase II of the project it is
determined by the consulting biologist that areas of important native
vegetation are under stress as a result of pumping, the consulting biologist
shall inform the SJBA and shall cause the cessation of pumping in the
affected areas until the stress has been eliminated or reduced to a level
acceptable to the consulting biologist. Pumping may be reinstated in the
affected area(s) upon consultation with the biologist. Provisions for surface
water release, if necessary, to sustain or restore vegetation affected by
pumping shall be incorporated into the final design.
24. Prior to any grading associated with the project, a SOPA (Society of
Professional Archeologists) certified archeologist shall be retained by the
San Juan Basin Authority to survey those areas not previously surveyed for
archeological remains. Following the survey, a report shall be prepared and
submitted to the Information Center at UCLA for their records. If important
prehistoric or historic resources are encountered, then evaluative testing
and/or other appropriate archeological investigations shall be conducted
before grading begins.
25. A SOPA (Society of Professional Archeologists) certified archeologist shall
be retained by the San Juan Basin Authority to attend the pre -grade meeting
or meetings, prepare a monitoring program, and to be present during all
grading activities for the proposed project. During the grading activities, the
archeologist shall conduct monitoring to observe and retrieve any buried
artifacts that may be uncovered. The archeological monitor shall have the
authority to temporarily divert or suspend grading and/or construction
activities in the vicinity of the find until the significance of any previously
unknown cultural resources has been evaluated. If the resources are
determined to be significant, any mitigation measures deemed appropriate
by a qualified archeologist, in consultation with the State Office of Historic
Preservation, must be completed prior to resuming the grading and/or
construction activities in the vicinity of the find. This includes disposition of
any recovered resources and/or artifacts. Such resources and/or artifacts,
after analysis and lab testing, shall be offered to the County of Orange, or
designee (such as a public museum or public university), on a first refusal
basis.
26. Priorto the construction of any structure (i.e. desalter plant building), the San
Juan Basin Authority shall retain a landscape architect to prepare a
landscape plan and plant palette for the project. San Juan Basin Authority
shall be responsible for approval of said landscape plan, monitoring, and
implementation of landscaping.
27. The following design features shall be incorporated into the project in a
manner meeting the approval of the San Juan Basin Authority General
Manager prior to awarding a grading contract:
a. Colors to be used on structural elements, including the one MG
tank, shall be light, sandy browns, with the goal of matching the colors
with the exposed earth and dried grasses in the area.
b. Areas disturbed by construction shall be revegetated with native
trees and shrubs compatible with existing natural habitat. An irrigation
system shall be installed to sustain the vegetative screen.
W
Revegetation shall commence immediately following the end of
construction.
C. Priorto grading, the construction zone boundary shall be clearly
marked to prevent accidental maneuvering outside the construction
area.
d. Exterior lighting shall be strictly limited to that required by safety
or for emergency use. All exterior lighting shall be low level and low
wattage.
28. Prior to the commencement of the placement of piping, the San Juan Basin
Authority shall prepare a piping route plan which includes provisions fortraffic
direction/control measures during placement of all piping within public streets.
29. Prior to construction of the desalter facility, the SJBA General Manager shall
cause an acoustical analysis to be prepared by a professionally registered
acoustic engineer. Said acoustical analysis shall evaluate potential design
considerations for construction of the desalter facility to ensure that noise
levels are within noise standards of the jurisdiction in which the facility is
located.
30. The degassifier (decarbonator blower) shall be constructed so that it does not
generate noise levels exceeding the noise ordinance of the jurisdiction in
which the desalter facility will be located. Measures to reduce noise levels
include enclosing the apparatus, using flexible connections, larger ducting,
and mufflered motors.
31. Design and construction of the proposed Desalter Project shall comply with
the requirements of the City of San Juan Capistrano Title 9 Tree Preservation
ordinance as described in Section 9-3.209 of the Land Use Code. -
32. Raptor nesting season lasts from February 15 to June 15. In the event that
construction is anticipated to begin during that time period, the Capistrano
Valley Water District shall consult with a qualified biologist to conduct a
survey to locate potential active raptor nesting locations thirty (30) days prior
to the start of construction. If an active raptor nest is discovered, construction
will be prohibited within 300 -feet of the active nest. -
33. Prior to any construction activities which would alter or cause damage to the
Hot Springs Dance Hall and prior to any activities related to relocation of the
Hot Springs Dance Hall to another site, the Capistrano Valley Water District
shall file an application for a permit to relocate and restore the Hot Springs
Dance Hall with the City of San Juan Capistrano Department of Community
Planning and Development. Following the submittal of the permit application,
the City Clerk will provide a report to the Cultural Heritage Commission which
will consider the request and render a decision within thirty (30) days of
receiving the report. Decisions of the Cultural Heritage Commission may be
appealed to the City Council. -
34. Activities to relocate and methods for rehabilitation, restoration, and/or
reconstruction of the Hot Springs Dance Hall shall be performed in
accordance with the conditions established by the City of San Juan
Capistrano Cultural Heritage Commission and in a manner consistent with
The Secretary of the Interior's Standards for the Treatment of Historic
Properties wherever appropriate. -
35. Because of the disturbed condition of the Dance Hall site and the fact that no
archeological resources were observed during January 2001 survey orduring
previous surveys, no additional cultural resources study or monitoring is
required. However, if buried cultural remains are found during excavation,
work in that area shall cease until an archeologist is notified and can evaluate
the find. -
36. Capistrano Valley Water District shall conduct further evaluation of
liquefaction potential at the Dance Hall site based on continuous tests such
as a Cone Penetration Test (CPT). -
37. The Capistrano Valley Water District shall include in design specifications
high -efficiency pumps with a minimum 85% efficiency which respond to
changing energy industry conditions and ensure the most efficient use of
energy practicable.
38. All construction activities shall take place only between 7:00 A.M. and 6:00
P.M. (Monday through Friday) and between 8:30 A.M. and 4:30 P.M.
(Saturday). No construction activities shall take place on Sunday or a federal
holiday. A round-the-clock schedule may be used for well drilling as long as
the requirements of the City's noise ordinance The City of San Juan
Capistrano shall, where appropriate, assist the Headstart Program in
relocating to a new location with similar conditions that meet the needs of the
Headstart Program are met.
39. The Capistrano Valley Water District, in consultation with the City of San Juan
Capistrano, shall maintain access to Descanso Veterans Park in the design
and placement of the desalter facility buildings, as well as in the design of
surrounding project -related landscape improvements.
40. Pedestrian and maintenance vehicle access to Descanso Veterans Park shall
be considered in the design and placement of the Desalter Project facilities
and in the project -related landscape design.
17
41. The Capistrano Valley Water District, in consultation with the City of San Juan
Capistrano, shall ensure appropriate parking capacity is available for users
of Descanso Veterans Park and in compliance with the requirements of the
City of San Juan Capistrano Title 9 parking standards.
PASSED, APPROVED, AND ADOPTED this 17"' day of July 2001.
11 Mv.
if
.A'1I-.jkTA M.
ATTEST:
0 -'� (/ \'
THE BOARD
' 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. CVWD 01-7-17-1 was duly adopted
by the City Council of the City of San Juan Capistrano at a regular meeting
thereof, held the 3rd day of July 2001, by the following vote:
AYES: BOARD MEMBERS: Greiner, Swerdlin, Gelff and Chairman Bathgate
NOES BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: Hart
'--q--- A'�jj /2-
MAG RET R. MONAHAN, CLERK OF THE BOARD
1