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Resolution Number 07-10-16-03RESOLUTION NO. 07-10-16-0 3 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE 2007 NOW DOMESTIC/RECYCLED WATER MASTER PLAN UPDATE WHEREAS, the City has prepared a comprehensive update of the Non- Domestic/Recycled Water Master Plan (RWMP) Update as directed by the City Council and has prepared the appropriate studies and staff reports in order to identify necessary amendments to that Plan; and has prepared a Program Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA); and, WHEREAS, the City retained AKM Consulting Engineers to prepare the 2007 Non-Domestic/Recycled Water Master Plan Update, and the proposed amendments to the Plan address necessary facility improvements to meet project demand for recycled water, and financing mechanisms needed to assure implementation of those improvements; and, WHEREAS, the Environmental Administrator required preparation of an environmental impact report (EIR) pursuant to Section 15081 of the California Environmental Quality Act Guidelines and the City retained Environmental Science Associates (ESA) to prepare the EIR; and the City has issued a Notice of Preparation pursuant to Section 15082 of the Guidelines; assured the Draft Program Environmental Impact Report has been prepared pursuant to Section 15084 of those Guidelines; has issued a Notice of Completion pursuant to Section 15085 of those Guidelines to provide for public review of the Draft PEIR pursuant to Section 15087 of the Guidelines; has reviewed all comments and prepared responses to comments pursuant to Section 15088 of the Guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and, WHEREAS, on July 24, 2007, the Water Advisory Commission conducted a public meeting to consider the Draft Program Environmental Impact Report (PEIR) and found it to be in conformance with the California Environmental Quality Act Guidelines and the City's Environmental Review Guidelines and adopted a motion recommending certification of the PEIR; and, WHEREAS, on September 11, 2007 the Planning Commission conducted a public meeting to consider the Draft Program Environmental Impact Report (PEIR) for conformance with the California Environmental Quality Act Guidelines and the City's Environmental Review Guidelines and adopted a motion stating that (1) the Draft Program EIR is only adequate at the programmatic level and does not provide sufficient detail to serve as the project -level California Environmental Quality Act (CEQA) ' documentation for the proposed reservoir sites, in particular, Reservoir R1; and, (2) Additional environmental analysis should be provided consisting of a comparative Page 1 of 2 10/16/2007 analysis of the R1 Reservoir site alternatives 1A and 2A which would allow equal consideration of the alternative sites by the City Council. WHEREAS, the City Council of the City of San Juan Capistrano conducted a duly noticed public meeting on October 16, 2007 to consider testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The Findings of Fact as provided by Exhibit A, attached hereto and incorporated herein, with respect to the preparation and certification of the Program Environmental Impact Report for the Non-Domestic/Recycled Water Master Plan Update; and, 2. The Findings of Fact -Alternatives as provided by Exhibit B, attached hereto and incorporated herein, with respect to the Project Alternatives prepared for the Program Environmental Impact Report for the Non-Domestic/Recycled Water Master Plan Update; and, 3. The Statement of Overriding Considerations (SOC) as provided by Exhibit C, attached hereto and incorporated herein, with respect to potentially significant impacts that cannot be mitigated. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the Final Program Environmental Impact Reportfo a 2007 Non-Domestic/Recycled Water Master Plan Update. TO, MA Attest: A ARET 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. 07-10-16-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the le day of October 2007, by the following vote: AYES: COLINC� L MEMBERS: Nielsen, Hribar, Uso, Soto, and Mayor Allevato NOES: COUNQIL ryIEJABER: None A�kl'e• / d co[[1i[,�IL IIL l MBER: None In Page 2 of 2 10/16/2007 EXHIBIT A ' FINDINGS OF FACT REGARDING SIGNIFICANT IMPACTS A.1 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The Final EIR indicates that significant unavoidable impacts attributable to the Proposed Project are limited to short-term construction impacts on air quality. As described below, there are either no feasible mitigation measures for these impacts, or the feasible mitigation measure(s) would only partially mitigate the impact and the residual effect would remain significant. It is hereby determined that this impact is acceptable for the reasons specified in the Statement of Overriding Considerations, presented in Exhibit E. SECTION 4.5 AIR QUALITY Impact 4.5-1 Construction Emissions Construction activities for installation of the new pipelines, pump stations, pressure regulating stations, and reservoirs would consist of excavation, open trenching, jack and boring, and micro -tunneling. Construction emissions would be generated from construction equipment exhaust, earth movement, construction workers' commute, and material hauling for the entire construction period. The Proposed Project could generate substantial amounts of fugitive dust and vehicle exhaust. Criteria pollutant emissions of ROG and NOx from these emission sources would incrementally add to the regional atmospheric loading of 03 precursors during the Proposed Project construction. Although none of the individual construction projects would exceed SCAQMD thresholds of significance, if the proposed facilities are constructed simultaneously, the emissions would exceed significance thresholds. For the purpose of this analysis, it is assumed that proposed facilities could be constructed concurrently. Therefore, the impact would be significant and unavoidable during the construction period. ' Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will partially mitigate the impact. Mitigation Measure 4.5-1: Water sufficiently to reduce off-site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. Mitigation Measure 4.5-2: Cover all trucks hauling soil, sand, and other loose materials. Mitigation Measure 4.5-3: All paved access roads, parking area, and staging areas shall be swept as needed, and daily when soils, sand, and other loose materials are being hauled on or off the site, using SCAQMD Rule 1186 certified water sweepers or recommended water sweepers using reclaimed water. Mitigation Measure 4.5-4: Traffic speeds on unpaved roads shall be limited to 15 miles per hour (mph) or less. Mitigation Measure 4.5-5: All construction equipment shall be properly tuned and maintained in accordance with manufacturer's specifications. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated to partially reduce the Proposed Project's contribution to the significant environmental effect identified in the Final EIR. However, the impact is still considered Significant ' and Unavoidable. Specific economic, legal, social, technological, or other considerations justify approval of the Proposed Project, notwithstanding this impact, as more fully stated in the Statement of Overriding Considerations (see Exhibit E). Page 1 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recvcled Water Master Plan Uodate The Final EIR identifies significant impacts that can be reduced to a "less -than -significant" level by the inclusion of mitigation measures in the Proposed Project. It is hereby determined that the following potentially significant environmental impacts will be avoided or substantially lessened by the inclusion of mitigation measures in the Proposed Project. Section 4.1 Land Use, Planning And Recreation Impact 4.1-2 Existing Land Uses Implementation of the Proposed Project would result in long-term effects to existing land uses in the vicinity of project facilities. Construction of the project would result in an underground pipeline network, storage reservoirs, booster pump stations, and pressure regulating stations and the upgrade of an existing pressure regulating station and rehabilitation of two existing wells. No project components are located within the footprint of a farmland -designated area or Williamson Act Contract Land. A few of the proposed facilities are adjacent to designated farmland; the Proposed Project would provide recycled water to these farmlands. However, construction of the facilities would not directly affect farmland. With implementation of the mitigation measure, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.1-1: The City will prepare design requirements for Reservoir R2 to demonstrate compatibility with Major Ridgeline protection goals. Reservoir R2 will be subject to these design requirements that may include burying the reservoir or constructing a berm around the facility to reduce its prominence on the horizon. The City would be required to approve a ridgeline development exception (or General Plan Amendment) for Reservoir R2. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.1-3 Designated Conservation Area Placement of Reservoir R2 within a designated conservation area would conflict with conservation values of the conservation easement. Reservoir R2 is located within the Whispering Hills Planned Community area. According to Table LU -3 in the City's General Plan, the allowed use within this area is 100 percent Very Low Density Residential. Public facilities are allowed within the Very Low Density Residential land use designation (San Juan Capistrano, 1999). Therefore, the proposed Reservoir R2 is generally allowed in the planning area. However, a conservation easement has been proposed within the Whispering Hills Planned Community area and the proposed Reservoir R2 site would be located within this easement. The reservoir would likely not be an allowed use under the proposed easement's goals as currently drafted. To construct a storage reservoir at this location, the City will need to determine the status of the proposed conservation easement and discuss the project with the California Department of Fish and Game. Since the area appears to have habitat value that has been proposed for conservation resulting from the neighboring development, the City may need to re -design the conservation easement boundaries or compensate for use of a portion of the proposed easement area. The City would need to negotiate an appropriate compensation ratio to determine the number of acres to be set aside for conservation. With implementation of the mitigation measure, impacts would be less than significant. Page 2 of 25 10/16/2007 Exhibit A Program EIR Findinas Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation ' The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.1-2: The City will reconfigure the conservation easement boundaries to exclude the Reservoir R2 site and provide compensation to replace the conservation value of the affected acreage. The reconfiguration and compensation would need approval from the California Department of Fish and Game. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.1-4 Recreational Facilities Project construction could result in short-term disturbance of recreational facilities use. Construction activities could temporarily restrict access to recreational areas including parks and open space. Designated Bikeways could be affected, requiring detours during the construction period. Recreational impacts would be short term during construction. Following project construction, surface restoration would return roads, right-of-ways, bikeways, trails, and parks to their original condition. Construction of the Proposed Project would not preclude the future development of proposed parks, trails, and bikeways. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the ' MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.1-3: The City shall identify detour routes for affected hiking and equestrian trails and bikeways during construction where feasible, provide signage with notification of trail and bicycle lane closures during construction, and limit large truck and heavy equipment movement on trails near Reservoirs R1 and R4 to 15 mile per hour, as part of the Traffic Control/Traffic Management Plan (see Mitigation Measure 4.6-1). Mitigation Measure 4.1.1: The City shall coordinate with Orange County and, if necessary, obtain a County permit for construction that would impact an existing trail or bikeway on County property. Mitigation Measure 4.1-5: The City shall coordinate with the City of Dana Point and acquire encroachment permits where necessary for work conducted within rights-of-way owned by the City of Dana Point. Mitigation Measure 4.1-6: If construction equipment is required to use bike paths for site access, the City shall attempt to keep the pathways open and minimize closures. The City shall provide warning/directional signage along bike trails and will station and maintain flag men during construction to minimize potential construction hazards to trail users. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. ' SECTION 4.3 GEOLOGY, SOILS AND SEISMICITY Impact 4.3-1 Ground Shaking Page 3 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Reaardino Significant Impacts Non-Domestic/Recycled Water Master Plan Update In the event of a major earthquake within the region, the Proposed Project could be subject to strong ground shaking that could damage water distribution and storage facilities. This effect could be amplified in liquefaction hazard zones. In addition, ground shaking could induce landslides in certain landslide hazard zones. The intensity of the ground shaking within the project area would depend on the causative fault and the distance to the epicenter, the size of the ground acceleration, and the duration of shaking. Seismic ground shaking could damage project facilities and destabilize embankment slopes not adequately designed to withstand seismic hazards. The implementation of the mitigation measures will mitigate the impact to a less -than -significant level. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.3-1: Prior to the approval of construction plans for the Proposed Project components, a design -level geotechnical investigation, including collection of site specific subsurface data shall be completed for each reservoir location. The geotechnical evaluation shall include: • Identification of density profiles • Estimation of approximate maximum shallow groundwater levels • Characterization of the vertical and lateral extent of saturated sand/silt layers that could undergo liquefaction during strong ground shaking and development of site-specific design criteria to mitigate potential risks. • The geotechnical report will identify the potential for any geologic hazard in the project area including landslides, liquefaction, settlement, subsidence, and soil expansion within the project area. The geotechnical report will develop recommendations to avoid these potential effects in accordance with the requirements of the Seismic Hazards Mapping Act which would include the standards specified by the CGS Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards. Recommendations made in the geotechnical reports shall be implemented as part of the projects. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.3-2 Landslide Hazards Storage reservoirs would be subject to landslide hazards resulting from non -seismic events such as heavy rain fall. Hillside development including the storage reservoirs would be subject to potential slope failure during heavy rain events. Storage reservoir foundations would be stabilized and anchored to meet CBC standards for hilltop development. Implementation of Mitigation Measure 4.3-1 would ensure that the reservoir foundations were adequately stabilized to avoid slope failure from heavy rain events. In addition, site drainage plans would be developed to convey storm water runoff into the existing drainage systems. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.3-1. Page 4 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Sionificant Impacts Non-Domestic/Recycled Water Master Plan Update Findings ' Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.3-3 Soil Erosion Soil erosion could occur during construction and operation of the project. Construction of the project would involve earthwork activities, including grading and stockpiling of soils. During construction, winds and water flows could result in soil erosion or the loss of topsoil on the project site. The project would be required to implement the construction best management practices (BMPs), as detailed in the Storm Water Pollution Prevention Plan (SWPPP). With adherence to the BMPs, potential construction -related erosion would be minimized. Following completion of construction activities, disturbed areas would be either re -vegetated or covered by asphalt. Thus, operation of the project would not result in significant soil erosion impacts. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.4-1. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the . significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.3-4 Subsidence Localized geographic conditions including the presence of expansive soils and areas prone to settlement or subsidence could result in structural damage to the proposed facilities. Expansive soils increase in volume when their moisture content becomes elevated. Structures built on expansive soils could experience foundation cracking as a result of the expanding and contracting soils. In addition, in areas susceptible to subsidence or settlement, facility foundations could be damaged. Implementation of the mitigation measure would require expansive materials to be removed and replaced with engineered fill material, reducing the impacts to a less -than -significant level. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.3-1. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.3-5 Ridgeline Development The Proposed Project would construct storage reservoir R2 on a hilltop designated as Major Ridgelines by the City's General Plan, and Reservoir R1 adjacent to a designated ridgeline. Page 5 of 25 10/1612007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update The proposed storage Reservoir R2 would require grading of ridgelines designated as Major Ridgelines. Reservoir R1, adjacent to a designated ridgeline, would also require grading. To ensure compatibility with General Plan goals regarding the protection of Major Ridgelines, the City would be required to incorporate designs for Reservoir R2 that would minimize the effect on the ridgeline views. These measures may include partially burying the tank or designing a berm around the facility to obscure long range views. With implementation of the mitigation measure, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.1-1. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.4 HYDROLOGY AND WATER QUALITY Impact 4.4-1 Construction Runoff Project construction could affect water quality in local drainages through construction runoff. Water quality concerns include sedimentation and fuels or other hazardous materials associated with construction activities. Construction of pipelines, pump stations and reservoirs would include site clearing, grading, excavation, soil stockpiling, backfilling, and resurfacing. Directional drilling would be employed at creek crossings. Project construction would occur within areas that drain to tributaries to San Juan Creek or Oso and Trabuco Creeks. Construction activities could promote soil erosion discharging sediment to adjacent drainages. Sedimentation would degrade the water quality of the receiving waters. Hazardous materials associated with construction equipment such as fuels, oils, antifreeze, coolants, and other substances could adversely affect water quality if inadvertently released to surface waters. Construction of the reservoirs would involve substantial grading and re-forming of hillsides, exposing large areas of soil to erosion during the rainy season. The City would be required to prepare a SWPPP for coverage under the state-wide storm water discharge NPDES permit. Incorporation of BMPs would minimize the impact to a less than significant level. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.4-1: The City shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for each construction activity associated with the Proposed Project. The SWPPP shall be maintained at the construction site for the entire duration of construction. The objectives of the SWPPP are to identify pollutant sources that may affect the quality of stormwater discharge and to implement BMPs to reduce pollutants in stormwater discharges during construction and post construction. SWPPPs will include the following: • Source identification; • Preparation of a site map; Description of construction materials, practices, and equipment storage and maintenance; Page 6 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update • List of pollutants likely to contact stormwater; ' Estimate of the construction site area and percent impervious area; • Erosion and sedimentation control practices, including soils stabilization, re -vegetation, and runoff control to limit increases in sediment in stormwater runoff, such as detention basins, straw bales, silt fences, check dams, geofabrics, drainage swales, and sandbag dikes; • Proposed construction dewatering plans; • List of provisions to eliminate or reduce discharge of materials to stormwater; • Description of waste management practices; • Spill prevention and control measures, • Maintenance and training practices; and • Sampling and analysis strategy and sampling schedule for discharges from construction activities. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.4-2 Excavation Dewatering Excavation during project construction could require dewatering of shallow groundwater that could affect receiving water quality. Groundwater levels vary throughout the project area and depths of excavation ' would vary with each project component. Project construction activities particularly trenching and directional drilling may encounter shallow groundwater, requiring temporary localized dewatering to facilitate construction. Groundwater would be pumped and discharged either to the sanitary sewer or to the local drainage system. For discharges to local drainages, the City would be required to comply with the state-wide construction dewatering NPDES permit. This permit requires preparation of a Discharge Monitoring Plan approved by the RWQCB. The City would submit a Notice of Intent (NOI) to the RWQCB prior to discharging to local waterways. Compliance with dewatering discharge permits conditions and implementation of mitigation measures would ensure that the impact would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.4-1. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.4-4 New Facility Runoff Runoff from new facilities could affect water quality. New facilities would be subject to storm water runoff design requirements posed by the City of San Juan Capistrano ordinance and the San Diego RWQCB. The City would be required to comply with the County DAMP BMPs, implementing source controls into ' facility designs. Post -construction BMPs and erosion and sedimentation control measures would reduce the potential impact to water quality to less than significant levels. Page 7 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Sionificant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.4-2: The City shall, in the design and construction of all proposed facilities, comply with the City Ordinance, the County Drainage Area Management Plan, and the RWQCB's Standard Urban Storm Water Mitigation Plan. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.6 TRANSPORTATION AND TRAFFIC Impact 4.6-1 Construction -Related Traffic Construction activities could adversely affect traffic and transportation conditions in the project area. Construction activities within City streets would require short-term lane closures resulting in traffic delays. Pipelines would be installed in various roadway types including small feeder streets and larger Boulevards. Trenching activities could be conducted within State Route 74, a Caltrans -owned roadway. In addition, pipelines would cross underneath 1-5 at three separate locations using jack and boring construction methods. Construction of the storage reservoirs could include substantial excavation of soil that could require a significant number of soil haul trips. In addition, construction would generate worker and truck delivery trips. These project -generated temporary trips would not add substantially to existing volumes on roadways in the affected areas, although levels of service could be affected during peak periods by the increased traffic. Construction of the booster pump station would require minimal construction related traffic over a period of three to six months. No lane closures would occur. With implementation of mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.6-1: The City shall implement a Traffic Control/Traffic Management Plan prior to construction. The Plan shall: • Identify hours of construction according to the City of San Juan Capistrano Municipal Code Section 9-3.531 and City of Dana Point Municipal Code Section 8.01.250. Construction hours beyond those identified in the municipal codes will be subject to City review and approval. • Identify hours for deliveries. • Establish haul routes, limits on the length of open trench, work area delineation (i.e., staging areas), traffic control and flagging. • Identify all access and parking restrictions, pavement markings and signage (e.g., speed limit, temporary loading zones). • Layout a plan for notifications and a process for communication with affected residents and businesses prior to the start of construction. Advance public notification shall include posting of notices and appropriate signage of construction activities. The written notification shall include the construction schedule, the exact location and duration of activities within each street (i.e., which lanes and access point/driveways would be blocked on which days and for how long), and a toll-free telephone number attended by a person working on site to respond to questions or complaints. Page 8 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update • Include a plan to coordinate all construction activities with emergency service providers in the ' area at least one month in advance. Emergency service providers shall be notified of the timing, location, and duration of construction activities. For full road closures, the City shall identify recommended detour routes. • Include a plan to coordinate construction activities with developer or City intersection improvements, street widening, overlays, and sewer pipeline projects. Water pipeline construction shall either immediately precede, or be constructed at least two years following street overlay projects. Include a plan to coordinate all construction activities with the appropriate local jurisdiction's School District. The Capistrano Unified School District shall be notified of the timing, location, and duration of construction activities. The project applicant shall require its contractor to maintain vehicle, pedestrian, and school bus service during construction through inclusion of such provisions in the construction contract. The assignment of temporary crossing guards at designated intersections may be needed to enhance pedestrian safety during project construction. • Include the requirement that all open trenches be covered with metal plates at the end of each workday to accommodate traffic and access. • Specify the street restoration requirements pursuant to agreements with the local jurisdictions. • Limit large truck and heavy equipment movement on trails near Reservoirs R1 and R4 to 15 miles per hour. • Identify and submit to the City for review and approval all roadway locations where special construction techniques (e.g., horizontal boring, directional drilling or night construction) will ' be used to minimize impacts to traffic flow. • Develop circulation and detour plans to minimize impact to local street circulation. This may include the use of signing and flagging to guide vehicles through and/or around the construction zone. Mitigation Measure 4.6-2: The City shall encourage construction crews to park at staging areas to limit lane closures in the public right-of-way. Mitigation Measure 4.6-3: The City shall consult with Orange County Transportation Authority at least one month prior to construction to coordinate bus stop relocations (as necessary) and to reduce potential interruption of transit service. Mitigation Measure 4.6-4: The City shall obtain encroachment permits from Caltrans for construction within and underneath Caltrans -owned roadways including jack and boring under 1-5. Mitigation Measure 4.6-5: The City shall obtain encroachment permits from Orange County Transportation Authority Metrolink Railroad for construction underneath the railroad. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.6-2 Effects On Alternative Transportation Construction of the Proposed Project would have temporary effects on alternative transportation or alternative transportation facilities. Pipeline construction would temporarily disrupt access to bicycle routes and bus stops and slow bus movements for bus routes operated by the Orange County ' Transportation Authority, which provide service along the pipeline alignments. The City would need to coordinate County bikeway closures with Orange County, provide detour routes for Page 9 of 25 10/16/2007 Exhibit A Program EIR Findings of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update hikers/equestrians/bicycles, and limit truck speeds on hiking trails. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.6-6: Implement Mitigation Measures 4.1-3, 4.1-4, and 4.6-3. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.6-3 Construction Wear -And -Tear On Streets The Proposed Project would increase wear -and -tear on the designated haul routes used by construction vehicles to access the project work sites. The use of trucks to transport equipment and material to and from the project work sites for the Proposed Project could affect road conditions on the designated haul routes by increasing the rate of road wear. The degree to which this impact would occur depends on the design (pavement type and thickness) and existing condition of the road. Major arterials and collectors are designed to accommodate a mix of vehicle types, including heavy trucks. The Proposed Project impacts are expected to be negligible on those roads. Residential streets are generally not built with a pavement thickness that would withstand substantial truck traffic volumes. Implementation of mitigation measures would reduce impacts to less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.6-7: Roads damaged by construction shall be repaired to a structural condition equal to that which existed prior to construction activity. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.7 BIOLOGICAL RESOURCES Impact 4.7-1 Expansive Soils The Proposed Project could affect wetland areas or designated waters of the U.S. Although none of the proposed facilities as currently designed would occur within wetlands or waters of the US, as designs are finalized, some of the construction areas may encroach on wetland areas or within waterways. The following mitigation strategy requires the City to evaluate potential impacts to waters of the US and wetlands for each planned construction area. Where possible, the construction area would be moved away from the jurisdictional areas. If avoidance is not feasible, all work proposed in the seasonal wetlands and drainage channels must be authorized by a permit from the COE, CDFG (Streambed Alteration Agreement), and/or the RWQCB (Water Quality Certification or Waiver). With implementation of mitigation measures, impacts would be less than significant. Page 10 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation ' The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a fess -than -significant level. Mitigation Measure 4.7-1: Prior to constructing project facilities in open space areas, the City shall contract with a qualified biologist to conduct focused biological surveys of the construction areas. Surveys shall follow established methods and shall be undertaken at times when sensitive species are most likely to be identified. In cases where impacts to state- or federal -listed plant or wildlife species are imminent, formal protocol -level surveys may be required on a species -by -species basis to determine the local distribution of these species. Consultation with the USFWS and/or CDFG shall be conducted at an informal level for projects that could adversely affect federal or State candidate, Threatened, or Endangered species to determine the need for further consultation or permitting actions. The biologist will prepare a report identifying the habitats and sensitive species that may be affected by the project. The report will identify measures to avoid, minimize, and compensate for potential impacts to sensitive habitat. The City shall implement these measures as recommended by the biologist and as approved by the City, USFWS, and CDFG. Mitigation Measure 4.7-2: For project facilities located adjacent to or within wetland areas or waters of the US, the City shall conduct wetland delineations prior to construction to determine the extent to which project construction would impact these areas. These wetland delineations will be forwarded to the ACOE. Mitigation Measure 4.7-3: The City shall attempt to place facilities and construction impact areas outside of wetland areas and waters of the US wherever feasible. Mitigation Measure 4.7-4: For facilities being constructed adjacent to or within wetland areas, the City shall contract with a qualified biologist to visit the site prior to the start of construction and demarcate zones that will be off-limits to construction activities based on the delineated wetland boundary and presence of habitat. Where required, the biologist shall inspect areas to ensure that barrier fencing, stakes, and setback buffers are maintained during construction. Mitigation Measure 4.7-5: For construction activities within waters of the US, the City shall obtain permits pursuant to Section 404 from the US Army Corps of Engineers, Section 401 from the RWQCB, and California Fish and Game Code Section 1602 from the CDFG. Mitigation Measure 4.7-6: For construction activities within drainages, wetlands, or riparian areas the following construction techniques will be employed: • Equipment access and construction shall be conducted from the banks rather than from within drainage to the extent feasible. Prohibited activities within drainages or other wetland areas include staging areas and disposal or temporary placement of excess fill; • Any trenching activities shall be scheduled during periods of minimum flow (i.e., summer through the first significant rain of fall, usually July through October) to avoid erosion and downstream sediment deposition and to avoid impacts to drainage -dependent species such as southwestern pond turtle. Construction through riparian or other wetland areas shall also be scheduled to avoid the breeding season (March to September) and potential impacts to sensitive, riparian -obligate bird species such as southwestern willow flycatcher, and least Bell's vireo; • Should it be infeasible to avoid any of the sensitive species during creek crossing, the City shall utilize directional drilling or other noninvasive technique to avoid disturbance of sensitive species and/or habitat; • In planning construction adjacent to streambeds, pipeline routes shall be placed away from streambed edges; • If suspended pipe crossings are used, footings shall be designed with as small of a footprint in streambeds and riparian vegetation as possible; and Page 11 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Disturbance to riparian woodlands shall be minimized. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.7-2 Sensitive Habitats The Proposed Project could affect sensitive habitats including coastal sage scrub habitat. Sensitive communities that could be affected by the Proposed Project other than wetland habitats include coastal sage scrub and riparian woodland. Installation of the recycled water pipeline, construction of reservoirs and pump stations, and equipment access and staging could result in the destruction of sensitive habitat and the direct or indirect mortality of special -status species. In addition, noise and increased disturbance levels associated with construction could result in indirect impacts on special -status wildlife by, for example, interfering with reproductive success. Most of the pipeline construction would occur within paved streets. No impacts to biological resources would result from trenching within City streets and no biological mitigation is required. For construction activities in open space areas, dirt roads with adjacent habitats, or under water ways, sensitive habitats and species could be affected. Some impacts would be temporary and would require re -vegetation, while other impacts would be permanent requiring compensation. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measures 4.7-1 through 4.7.4. Mitigation Measure 4.7-7: For projects that result in permanent loss of habitat (upland or wetland), the City shall prepare an in-kind restoration, enhancement, and/or creation plan. The plan shall identify replacement ratios in concert with regulatory agencies and consistent with the recommendations of the Coastal and Southern subregions of the Orange County NCCP/HCP. Mitigation Measure 4.7-8: For projects that result in temporary destruction of habitat (upland or wetland), the City will re -vegetate the area to pre -disturbance conditions. The City will provide for annual monitoring of re -vegetated areas for a period of three years to ensure the viability of the re - vegetation. Mitigation Measure 4.7-9: For work sites located adjacent to special -status plant or wildlife populations, a biological resource pre -construction tailgate meeting shall be provided for construction crews and contractors (primarily crew and construction foremen). A copy of the Special Conditions must be included in all bid packages for each project and be available at the work sites at all times during periods of work and must be presented upon request by any Corps or other agency personnel with a reasonable reason for making such a request. Mitigation Measure 4.7-10: Biological monitoring shall be particularly targeted for areas near federal- and state -listed species habitat, and a "no take' approach shall be taken whenever feasible during construction near special -status plant and wildlife species. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated, which will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Page 12 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Reaardina Significant Impacts Non-Domestic/Recycled Water MasterPlan Update Impact 4.7-3 Nesting Birds ' Construction activities could affect non -listed special -status nesting raptor and other nesting birds. Potential nesting habitat for several non -listed special -status raptor species and other special -status birds occurs within the vicinity of project facilities. In addition, CDFG Code 3503 protects the needless destruction of eggs or nests of all species. Construction, grading, and vegetation removal associated with Project activities could cause nest abandonment and death of young or loss of reproductive potential at active nests. With implementation of mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.7-11: A qualified biologist shall survey the site and neighboring trees for nesting raptors and other special -status wildlife species within 14 days prior to any ground - disturbing activity, if construction activities would occur during breeding season (February 1 to August 31). Results of the surveys shall be forwarded to the USFWS and CDFG (as appropriate) and, on a case-by-case basis, avoidance procedures adopted as requested by USFWS and/or CDFG to minimize the potential adverse effect. These may include construction of buffer areas (several hundred feet in the case of raptors) or seasonal avoidance. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated, which will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. ' Impact 4.7-4 Coastal California Gnatcatchers Projects proposed could impact federally listed coastal California gnatcatchers. There are numerous records of coastal California gnatcatchers occurring within the project area, and suitable habitat occurs along sections of recycled pipeline in the southern portions of the project area and near the Reservoir R2 location. The Proposed Project could directly take individual gnatcatchers through construction activities, temporarily modify habitat through pipeline installation, or permanently modify habitat through reservoir construction. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.7-12: Coastal California gnatcatcher surveys shall be completed by permitted biologists if Proposed Projects contain coastal sage scrub, alluvial fan scrub, chaparral, or intermixed or adjacent areas of grassland and riparian habitats, and is located within the range of this species. Areas surveyed will include the project footprint and a 200 foot buffer area around pipeline corridors and a 500 foot corridor around Reservoir 2 project boundaries where suitable habitat is present. Surveys shall follow the USFWS Coastal California Gnatcatcher (Polioptila californica californica) Presence/Absence Survey Guidelines (USFWS, 1997). Survey guidelines require a minimum of six breeding season surveys from March 25 through June 30, and a minimum of nine non -breeding surveys from July 1 through March 14. No more than 80 acres shall be surveyed per biologist per day. Results of focused surveys will be forwarded to the USFWS. If coastal California gnatcatcher nests are detected near or within 500 feet of project facilities, no disturbance will be allowed until all of the young have fledged or the nest fails. Page 13 of 25 10/16/2007 Exhibit A Program EIR Findinas Of Fact Reaardino Sianificant Impacts Non-Domestic/Recycled Water Master Plan Update Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.7-5 Thread -Leaved Brodiaea Projects proposed could impact federally listed thread -leaved brodiaea. There are numerous records of thread -leaved brodiaea occurring within the project area, and suitable habitat occurs along sections of recycled pipeline in the southern portions of the project area and near the Reservoir R2 location. The Proposed Project could directly take individual thread -leaved brodiaea plants through construction activities, temporarily modify habitat through pipeline installation, or permanently modify habitat through reservoir construction. With implementation of mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.7-13: Thread -leaved brodiaea pre -construction surveys shall be completed by qualified biologists if Proposed Projects contain coastal sage scrub, chaparral, grassland, or vernal pools, and are located within the range of this species. These surveys will be conducted during the peak flowering period, approximately March through June. The limits of each brodiaea location within the impact area will be clearly delineated with lath and brightly colored flagging. The loss of thread -leaved brodiaea will be mitigated by seed and bulb collection, and re -vegetation into suitable mitigation site(s). A qualified biologist shall prepare a mitigation plan for review/approval by the USFWS and oversee its implementation. The detailed mitigation plan shall include the following requirements: • The existing locations of thread -leaved brodiaea shall be monitored every two weeks by a qualified biologist to determine when the seeds are ready for collection. A qualified seed collector shall collect all of the seeds from the plants within the collection area when the seeds are ripe. The seeds will be cleaned and stored by a qualified nursery or institution with appropriate storage facilities. • Following seed collection, the bulbs should be removed by an approved method (e.g., bulb collection or block transplantation). The bulbs shall either be transplanted directly or stored by a qualified nursery or institution with appropriate storage facilities. If the bulbs are collected and the block transplantation method is not used, then the top 12 inches of topsoil from the thread -leaved brodiaea locations shall be scraped, stockpiled, and used at the selected mitigation site. • The mitigation site(s) shall be located in protected open space. The site(s) shall not attempt to enhance existing populations and shall be located so as not to be impacted by any pesticides or herbicides used on adjacent properties. • The thread -leaved brodiaea mitigation site(s) will be prepared for seeding as described in a conceptual restoration plan. • The topsoil shall be re -spread in the selected location as approved by the project biologist. Approximately 60 percent of the seeds and bulbs collected shall be spread/placed in the fall following soil preparation. Forty percent of the seed and bulbs shall be kept in storage for subsequent seeding, if necessary. • A detailed maintenance and monitoring plan shall be developed by a qualified biologist. The plan shall include detailed descriptions of maintenance appropriate for the site, monitoring requirements, and annual report requirements, and shall have the full authority Page 14 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update to suspend any operation in the study area which is, in the qualified biologist's opinion, not ' consistent with the restoration plan. Any disputes regarding the consistency of an action with the restoration plan will be resolved by the City and the biologist. • The performance criteria shall be developed in the maintenance and monitoring plan and approved by a qualified biologist. The performance criteria shall also include percent cover, density, and seed production requirements. These criteria shall be developed by a qualified biologist following habitat analysis of an existing high-quality thread -leaved brodiaea population. This information will be recorded by a qualified biologist. • If the germination goal is not achieved following the first season, remediation measures shall be implemented prior to seeding with the remaining 40 percent of seed and bulbs. Remedial measures shall include at a minimum: soils testing, control of invasive species (especially artichoke thistle), soil amendments, and physical disturbance (to provide scarification of the seed) of the planted areas by raking or similar actions. Additional mitigation measures may be suggested as determined appropriate by the project biologist. • Potential seed sources from additional donor sites shall also be identified in case it becomes necessary to collect additional seed for use on the site following performance of remedial measures. • Areas surveyed will include the project footprint and a 200 foot buffer area around pipeline corridors and a 500 foot corridor around Reservoir 2 project boundaries where suitable habitat is present. Results of these focused surveys will be forwarded to the USFWS. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the ' significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.7-6 Protected Trees Installation of pipeline sections and pump stations in the city of San Juan Capistrano and/or Dana Point could impact protected trees. There are several sections of recycled water pipeline and pump stations that transverse through urban San Juan Capistrano and could potentially require the removal of or damage protected trees. Currently the proposed pipeline extending into Dana Point city boundaries is located along a paved trail and is unlikely to impact protected trees and landscaping, but pipeline sections could be moved, or equipment access or staging areas needed that would require removal of parkway landscaping. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.7-14: To the extent feasible, pipeline installation and pump station locations will avoid the removal of all protected trees and landscaping through project design. Measures to avoid damaging protected trees and their roots, such as exclusion zones around drip lines, will be implemented. Mitigation Measure 4.7-15: If project design is unable to avoid removal or damage of protected trees and landscaping, the applicant shall apply for appropriate permits with either the Planning Director for San Juan Capistrano or the Director of Public Works and Engineering Services for Dana Point. Permit application may require a tree report by a certified arborist with measures to ' retain, relocate, and protect tree specimens, and replacement plantings equal to the value of trees that are removed as decided by the Cities. Page 15 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.7-8 Least Bell's Vireo The least Bell's vireo was listed as a federally Endangered species in 1986. Least Bell's vireos are protected under the FESA as well as CESA and projects with potential to impact this species require Section 7 consultation with the USFWS and concurrence from CDFG. There are recent records of least Bell's vireos occurring within the project area, and suitable habitat occurs in willow -dominated riparian woodlands, such as that found along portions of San Juan Creek. The Proposed Project could directly take individual vireos through construction activities; indirectly take vireos through construction disturbance that causes nesting failure, abandonment, stress, or mortality of hatchings; temporarily modify habitat through pipeline installation, or permanently modify habitat through reservoir construction. Take of individual vireos would be considered a significant impact. Habitat modification is covered under Mitigation Measures 4.7-1 through 4.7-7. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.7-16: Least Bell's vireo surveys shall be completed by permitted biologists in all riparian areas and any other potential vireo habitats that could be affected by construction. Areas surveyed will include the project footprint and a 200 foot buffer area around pipeline corridors in riparian areas. Surveys shall follow the USFWS' Least Bell's Vireo Survey Guidelines (USFWS, 2001). In addition, all detections of the State and federally endangered southwestern willow flycatcher and State endangered yellow -billed cuckoo should be recorded and approached. Results of focused surveys will be forwarded to the USFWS. If least Bell's vireo nests are detected near or within 500 feet of project facilities, no disturbance will be allowed until all of the young have fledged or the nest fails. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.9 HAZARDS AND HAZARDOUS MATERIALS Impact 4.9-1 Excavation Of Contaminated Materials The Proposed Project could encounter contaminated soils during excavation activities, causing an increase in the risk of exposure. causing an increase in the risk of exposure. The Proposed Project would require excavation for construction of recycled water pipelines as well as reservoirs, booster pump stations, and pressure regulating stations. Disturbance and exposure of chemical- or petroleum -impacted soils or groundwater during construction could expose construction workers, the public, or the physical environment to adverse health conditions due to the chemical characteristics of the contaminant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.9-1: The City shall conduct Hazardous Materials Surveys/Phase I Environmental Assessments for each construction zone as required. Page 16 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Reaarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation Measure 4.9-2: The City shall incorporate into contract specifications that, in the event of encountering suspected soil contamination, including soil discoloration, noxious odors, debris, or buried storage containers during construction, the contractor(s) will have a contingency plan for sampling and analysis of potentially hazardous substances and will coordinate with the appropriate regulatory agencies, if necessary. The required handling, storage and disposal methods shall depend on the types and concentrations of chemicals identified in the soil. Any site investigations or remediation shall comply with applicable laws. Mitigation Measure 4.9-3: If unknown underground storage tanks (USTs) are discovered during construction, the UST, associated piping, and impacted soil shall be removed by a licensed and experienced UST removal contractor. The UST and contaminated soil shall be removed in compliance with applicable county and state requirements governing UST removal. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.9.2 Hazardous Construction Materials Accidental upset of hazardous materials used during construction and operation may increase the risk of exposure to the environment, workers and the public. Construction and operational activities require the use of hazardous materials such as fuels, oils, paints, solvents, and glues. Potentially hazardous materials used during operation would be handled, stored, and disposed of in accordance with manufacturers' specifications and applicable regulations. During construction, exposure or inadvertent release of large quantities (i.e., 25 gallons or more) of hazardous materials into the environment could ' expose construction workers, the public, and/or the environment to potentially hazardous conditions, or adversely impact soil, surface waters, or groundwater quality. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.9-4: Consistent with Storm Water Pollution Prevention Plan (SWPPP) requirements identified in the Hydrology and Water Quality section of this document, the applicant shall require the contractor to implement best management practices (BMPs) for handling hazardous materials onsite. The use of construction BMPs will minimize negative effects on groundwater and soils, and will include, without limitation, the following: • Follow manufacturers' recommendations and regulatory requirements for use, storage, and disposal of chemical products and hazardous materials used in construction; • Avoid overtopping construction equipment fuel gas tanks; • During routine maintenance of construction equipment, properly contain and remove grease and oils; and • Properly dispose of discarded containers of fuels and other chemicals. Mitigation Measure 4.9-5: In the event of an accidental release of hazardous materials during construction, containment and clean up shall occur in accordance with applicable regulatory requirements. The City will require, as part of contract specifications, that the contractor immediately notify the City of such release and provide a record of the event and method of ' cleanup. Page 17 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation Measure 4.9-6: Oil and other solvents used during maintenance of construction equipment shall be recycled or disposed of in accordance with applicable regulatory requirements. All hazardous materials shall be transported handled, and disposed of in accordance with applicable regulatory requirements. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.10 NOISE Impact 4.10-1 Temporary Construction Noise Construction activities could intermittently and temporarily generate noise levels above existing ambient levels in the Proposed Project vicinity. Noise impacts from construction activities occurring at or near the project area would be a function of the noise generated by construction equipment, the equipment location, and the timing and duration of the noise -generating activities. The various construction activities associated with the Proposed Project would generally be represented by five stages: (1) ground clearing; (2) site preparation; (3) foundation; (4) structural; (5) finishing and cleanup and (6) site restoration. Each stage involves the use of different kinds of construction equipment and, therefore, has its own distinct noise characteristics. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.10-1: Construction contractors shall limit construction activities according to the City of San Juan Capistrano Municipal Code Section 9-3.531 and City of Dana Point Municipal Code Section 8.01.250. Since some areas have been identified by City Council policy as being subject to night construction in order to maintain traffic flow, construction hours beyond those identified in the municipal codes will be subject to City review and approval. Mitigation Measure 4.10-2: Construction contractors shall implement the following measures to reduce daytime noise impacts due to construction: Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically -attenuating shields or shrouds, wherever feasible); Construction equipment noise shall be minimized during project construction by muffling and shielding intakes and exhaust on construction equipment (per the manufacturer's specifications) and by shrouding or shielding impact tools; and The City will require construction contractors to locate fixed construction equipment (such as compressors and generators) and construction staging areas as far as feasible from nearby sensitive receptors. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.10-2 Ground -Borne Vibration Page 18 of 25 10/16/2007 Exhibit Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Construction activities could expose sensitive receptors to excessive ground -borne vibration levels. Use of heavy equipment generates vibration levels of 0.031 millimeters/second PPV (peak particle velocity) or 81 RMS (root mean square of the peak velocity) at a distance of 50 feet. Sensitive receptors would be located within 50 feet of construction activity for some of the Proposed Project components. Vibration levels at these receptors would not exceed the potential building damage threshold of 0.5 PPV. However, vibration levels would slightly exceed the annoyance threshold of 80 RMS. Ground -borne vibration attenuates quickly with distance and the RMS level from heavy equipment would be approximately 79 RMS at 60 feet. The majority of construction activity, mostly from pipeline installment, would be within 60 feet of sensitive receptors given the set back of sensitive receptor structures from the property lines. In addition, construction activity would occur during the less sensitive daytime hours when sensitive receptors would be affected the least. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.10-3: Construction activity shall utilize techniques that minimize ground - borne vibration (e.g., locate equipment as far away from sensitive receptors as feasible and avoid operating multiple pieces of equipment simultaneously near sensitive receptors). Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. ' Impact 4.10-3 Permanent Operational Noise Operational activities could permanently generate noise levels above existing ambient levels in the Proposed Project vicinity. Residences are located approximately 100 to 250 feet from the proposed booster pump stations. As a general category, pumps are rated at a noise level of 76 dBA at a distance of 50 feet (US EPA, 1971). Simultaneous operation of two pumps would result in a cumulative noise level in excess of the City of San Juan Capistrano and City of Dana Point noise standards without implementation of noise control. The booster pumps would be installed above -grade, and would be enclosed within a concrete block structure to provide noise control. Therefore, operational noise generated by the pump station would be contained within the booster pump station structure, and would not substantially increase ambient noise levels. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a fess -than -significant level. Mitigation Measure 4.10-4: The booster pumps shall be encased in fully enclosed concrete block structures, with appropriate noise -mitigating design features, such that the noise levels set forth in the City of San Juan Capistrano and City of Dana Point General Plan Noise Element are not exceeded. Buildings shall be designed and oriented so that any door or vent openings are situated on the building elevation with the least noise impact to surrounding sensitive receptors. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the ' significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Page 19 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update SECTION 4.11 PUBLIC SERVICES AND UTILITIES Impact 4.11-1 Short -Term Disruption Of Emergency Access Construction activities associated with the Proposed Project would result in a short term disruption of emergency service access routes. Construction activities related to the Proposed Project would result in increased vehicular traffic (due to construction trucks and worker vehicles), rough road conditions, open trenches, and operation of heavy construction equipment on street rights -of -ways. Emergency access for police and fire vehicles could be hindered due to partial or full road closure and/or increased construction traffic. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure: Implement Mitigation Measure 4.6-1. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.11-2 Temporary Utility Disruption During construction, the Proposed Project could interfere with existing utility lines and disrupt utility services. Numerous utility lines (electricity, gas, telephone, and sewer) of varying sizes are located within the areas of the Project's proposed pipeline improvements and at the various pumping stations and reservoir sites. Thus, utility conflicts could potentially occur at areas where project components would run parallel to and cross under or over, or be situated adjacent to these utilities. In particular, conflicts could occur for sewage lines. Due to potential conflicts with utility lines, the Project may require that existing utilities be permanently relocated. In most cases, service disruptions would be temporary and would not exceed one a day. With implementation of mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.11-1: The City will require that the locations of overhead and underground utility lines, such as natural gas, electricity, sewage, storm drains, telephone, fuel, and water lines, shall be verified by contractors through field surveys and other methods prior to construction. In areas where unanticipated underground utilities are found, the City and its contractor shall work with affected utilities to develop plans to minimize service impacts. Mitigation Measure 4.11-2: As necessary, detailed specifications shall be prepared as part of the design and engineering plans to include procedures for the excavation, support, and fill of areas around utility cables and pipes. Affected utility services shall be notified of construction plans and schedule. Arrangements shall be made with these entities regarding protection, relocation, or temporary disconnection of services. Mitigation Measure 4.11-3: Residents and businesses in the project corridor shall be notified of any planned utility service disruption, in conformance with county and state standards. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Page 20 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Impact 4.11-3 Construction -Generated Solid Waste ' Construction activities associated with the Proposed Project would generate solid waste that would increase the demand for landfill capacity. Construction of the project's proposed pipelines, reservoirs, and pressure and pump stations would generate solid waste materials, including excavated soil, metal, asphalt, and other debris. The largest potential source of waste would be the excavated soil. Non - recyclable construction waste for the project would be exported by a private contractor who would haul the waste to a landfill for disposal. Mitigation measures are proposed to reduce the amount of solid waste expected to be generated. With implementation of mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.11-4: The City of San Juan Capistrano shall encourage project facility design and construction methods that produce less waste or that produce waste that could more readily be recycled or used. Mitigation Measure 4.11-5: Contractors shall be required to obtain a Construction and Demolition recycling permit and comply with the city's requirements. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. I SECTION 4.12 AESTHETICS Impact 4.12-1 Visual Impacts Construction of proposed facilities would generate short-term and long-term impacts to aesthetic resources. Construction of Reservoir R1 would remove vegetation and change existing land contours. Stabilization requirements of the hillside would require substantial earthwork and re-engineering of the hillside. The reservoir and the newly graded area would substantially alter the appearance of the location for local and long-range vantage points. Construction of Reservoir R2 would require substantial re - contouring of the existing hillside. Approximately % of the reservoir would be buried. Therefore, approximately six feet of the reservoir would be above -ground and visible from public vantage points along surrounding roadways. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.12-1: For storage reservoirs proposed near the crest of ridgelines (including Reservoirs R1 and R2), grading plans shall provide for re-contoured ridgelines that reduce the visual impact of the reservoirs from long-range views. The re-contoured ridgelines will resemble the natural ridgelines as viewed from all directions. The grading plans shall be reviewed and approved by the City of San Juan Capistrano. Mitigation Measure 4.12-2: The City shall prepare a Landscape Plan for each storage reservoir and pump station site. The Landscape Plan shall include measures to restore disturbed areas by repaving roadways, replanting trees, reseeding with a native seed mix typical of the immediately surrounding area, providing appropriate irrigation, and conducting a monitoring plan to ensure that Page 21 of 25 10116/2007 Exhibit A Program EIR Findinas Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update the re -landscaping is effective. The Landscape Plan will include a required seed -mix and plant "palate" to be consistent with surrounding natural resources or residential development. Mitigation Measure 4.12-3: Existing mature trees and other vegetation will be maintained and protected to the maximum extent practicable. Mitigation Measure 4.12-4: The City shall use design elements consistent with the City's Design Guidelines to enhance visual integration of proposed storage reservoirs pump stations, and pressure regulating stations with their surroundings. Proposed facilities shall be painted low -glare earth -tone colors that blend with the surrounding terrain. Highly reflective building materials and/or finishes shall be avoided in the designs for proposed facilities. Mitigation Measure 4.12-6: Power lines to pump stations, pressure regulating stations, and storage reservoirs shall be placed underground to the maximum extent practicable. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.12-2 Light And Glare Operation of the storage reservoirs and pump stations would introduce new sources of light and increase ambient light in the project area. Exterior emergency lighting would be installed around the storage reservoirs and pump stations. Exterior lighting could adversely affect day and nighttime views by introducing a new source of light and glare. The lighting would be used for security purposes only and would be timed. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This measure will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.12-6: The exterior lighting installed around the storage reservoirs and pump stations shall be in compliance with City of San Juan Capistrano Municipal Code Section 9-3.529. Lighting shall be shielded, directed downward, and timed to minimize impacts of light and glare. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated, which will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. SECTION 4.13 CULTURAL RESOURCES Impact 4.13-1 Construction Impacts To Archaeological Deposits Construction of proposed facilities would have the potential to impact known or unknown cultural resources, including prehistoric or historic archaeological deposits and human remains. The Proposed Project would require frequent groundbreaking that may impact known or currently unidentified archaeological remains. With implementation of the mitigation measures, impacts would be less than significant. Mitigation The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Page 22 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestio/Recvcled Water Master Plan Update ' Mitigation Measure 4.13-1: Prior to initial construction, the City of San Juan Capistrano shall retain the services of a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County and the Register of Professional Archaeologists) to prepare an Archaeological Evaluation and Data Recovery Plan (AEDRP) in accordance with CEQA Guidelines Sections 15064.5 and 15126.4. The AEDRP shall set forth criteria for evaluating the significance of resources discovered during construction and identify appropriate data recovery methods and procedures to mitigate project impacts on significant resources. At a minimum, the AEDRP shall include a summary of available information on known sites and sensitive locations in the project area; a historical context for the evaluation of resources that may be encountered during construction; a research design outlining important historical themes and research questions relevant to the known sites in the study area; data requirements and the appropriate field and laboratory methods to be used to acquire data needed for significance evaluation and impact mitigation. The AEDRP shall also provide for a final technical report on all cultural resource studies following each construction activity to be submitted to the City's Environmental Administrator and the South Central Coastal Information Center of the California Historical Resources Information System, and for curation of artifacts and other recovered remains at a qualified curation facility. This may include donation to an appropriate museum or historical society. Mitigation Measure 4.13-2: This measure shall apply to project components that are located within archaeologically sensitive areas as shown on Figure 2 in Appendix H (Final EIR). Archaeologically sensitive areas include locations within 200 feet of previously recorded archaeological or historical sites, within 500 feet of the banks of Trabuco and San Juan creeks, or within 500 feet of Mission San Juan Capistrano or the Los Rios Historic District. The City shall retain the services of an archaeological monitor (defined as an individual with a ' bachelors degree in anthropology with archaeological monitoring experience) under the supervision of a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County and the Register of Professional Archaeologists) to monitor ground disturbance within 200 feet of known archaeological sites or in archaeologically sensitive areas as defined above. The qualified archaeologist shall be present at pre -construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. If archaeological deposits are encountered, all soil disturbing activities in the vicinity of the deposit shall cease until the deposit is evaluated. The project archaeologist shall immediately notify the City's Environmental Administrator of the encountered archaeological deposit. The project archaeologist shall assess the age, associations, integrity, and significance of the encountered archaeological deposit in accordance with the procedures outlined in the AEDRP. If a significant archaeological resource is present and the resource could be adversely affected by the Proposed Project, then the project archaeologist shall implement the mitigation measures contained in the AEDRP. Mitigation Measure 4.13-3: This measure shall apply to project components that are not located within archaeologically sensitive areas as defined above. The project specifications shall provide that if items of historical or archaeological interest are discovered during construction, the contractor shall immediately cease all work activities in the area (within approximately 50 feet) of discovery. Archaeological indicators may include, but are not limited to, dwelling sites, locally darkened soils, stone implements or other artifacts, fragments of glass or ceramics, animal bones or shells, or human bones. After cessation of excavation the contractor shall immediately contact the City's Environmental Administrator. The contractor shall not resume work until authorization is received from the City. In the event of unanticipated discovery of archaeological indicators during construction, the City shall retain the services of a qualified professional archaeologist (defined as an archaeologist on Page 23 of 25 110/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update the List of Certified Archaeologists for Orange County and the Register of Professional Archaeologists) to evaluate the significance of the items in accordance with the provisions of the AEDRP prior to resuming any activities that could impact the site. If it is determined that the find is unique under CEQA and/or potentially eligible for listing in the California Register of Historic Resources, the mitigation procedures in the AEDRP shall be implemented. Any required testing or data recovery program shall be completed by a qualified archaeologist prior to construction being resumed in the affected area and in accordance with the AEDRP. Mitigation Measure 4.13-4: This measure shall apply to all project components. The project specifications shall provide that if potential human remains are discovered during construction, the contractor shall immediately cease all work activities in the area (within approximately 50 feet) of discovery. The project archaeologist shall inspect the remains and confirm that they are human, and if so shall immediately notify the City's Environmental Administrator and contact the County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5. If the coroner determines the remains are Native American, the coroner shall contact the Native American Heritage Commission (NAHC). As provided in Public Resources Code Section 5097.98, the NAHC shall identify the person or persons believed to be most likely descended from the deceased Native American. The most likely descendent makes recommendations for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. Mitigation Measure 4.13-5: This measure shall apply to projects that are located within areas considered sensitive for Native American cultural resources, as defined above, and for which the City has retained the services of a qualified archaeologist. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, and/or trenching on or below the original ground surface. The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during grading that may be considered sacred or important. In the event that evidence of human remains is discovered, the Native American monitor shall verify that the archaeologist has notified the County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Impact 4.13-2 Impacts To Paleontological Resources Construction of proposed facilities would have the potential to impact paleontological resources. A number of fossil discoveries have been documented within Orange County and along the Santa Ana Mountains (UCMP, 2007). Low-lying areas are within relatively recent alluvial floodplain soils that could include some Pleistocene Epoch fossils. The higher elevations generally consist of Miocene Epoch marine sedimentary material that could contain deposits of ancient marine shell and other ancient marine life. Much of the proposed pipeline would be installed within City streets that are underlain near the surface by engineered fill. Fossil bearing materials could be encountered below this fill. Construction of the proposed reservoirs would occur at higher elevations in areas that contain older marine sediments. These older marine sediments could harbor significant paleontologic resources, especially in the eastern foothills of the City. The Capistrano and Monterey Formations and San Onofre Breccia, mainly located in the eastern foothills of the City, are considered to be of high paleontologic importance. Significant fossil discoveries could result from excavation activities related to the Proposed Project. With implementation of the mitigation measures, impacts would be less than significant. Page 24 of 25 10/16/2007 Exhibit A Program EIR Findings Of Fact Regarding Significant Impacts Non-Domestic/Recycled Water Master Plan Update Mitigation ' The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the above impact to a less -than -significant level. Mitigation Measure 4.13-6: San Juan Capistrano shall retain the services of a qualified paleontologist (defined as a paleontologist on the List of Certified Paleontologists for Orange County) to monitor excavation activities. The paleontologist shall be present during the initial stages of excavation for each project element to determine the need for continued monitoring. Monitoring would only be required in excavations encountering soils with the potential to contain significant fossil materials. Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities until the qualified paleontologist can document the discovery and determine if the resources are significant. Items of paleontologic interest may include, but are not limited to, fossilized shell deposits, ancient mammalian or fish skeletal remains, and fossilized plant remains. The paleontologist shall immediately notify the City's Environmental Administrator of the encountered paleontological resources. In consultation with the qualified paleontologist, if the City's Environmental Administrator determines that the find is insignificant, then work may be resumed. If the City's Environmental Administrator, in consultation with the qualified paleontologist, determines that a significant paleontological resource is present and that the resource could be adversely affected by the Proposed Project, then appropriate procedures shall be followed in accordance with City Council Policy #601. Additionally, the City will offer all recovered paleontologic resources to the San Diego Natural History Museum for curation. ' Mitigation Measure 4.13-7: This measure shall apply to all facilities requiring paleontological monitoring. The qualified paleontologist shall prepare a final report for any paleontological resources recovered during grading or construction. Reports shall include information on disposition of resources, and shall be submitted to the City's Environmental Administrator and the Natural History Museum of Los Angeles County or the San Diego Museum of Man. Findings Based on the Final EIR and the entire record before the District, the District finds that measures have been incorporated that will substantially lessen the Proposed Project's contribution to the significant environmental effect identified in the Final EIR, reducing it to a less -than -significant level. Page 25 of 25 10/16/2007 EXHIBIT B ' FINDINGS OF FACT CONCERNING PROJECT ALTERNATIVES B.1 INTRODUCTION CEQA requires that an EIR "describe a range of reasonable alternatives to the project or to the location of the project, which could feasibly attain the basic objectives of the project" (CEQA Guidelines § 15126(d)). If a project alternative would substantially lessen the significant environmental effects of a proposed project, the decision maker should not approve the proposed project unless it determines that specific economic, legal, social, technological, or other considerations make the alternative infeasible (Public Resources Code § 21002, CEQA Guidelines § 15091(a)(3)). The Final EIR evaluated several alternative approaches to accomplishing the objectives of the Proposed Project. The findings with respect to the alternatives identified in the Final EIR are identified below. B.2 PROJECT OBJECTIVES The Proposed Project would provide a reliable source of recycled water to meet the current and future needs of users in the City of San Juan Capistrano. The objectives of the Proposed Project include the following: • Expand Non-Domestic/Recycled Water System to meet existing and future non-domestic demands within the service area in an environmentally sound and cost effective manner; • Optimize use of available recycled water supplies; • Reduce domestic water used for non-domestic purposes; • Reduce reliance on imported water; ' • Enhance system reliability and service capabilities; • Encourage the production and use of recycled water per City conservation goals; and • Contribute to regional recycled water use goals. B.3 REASONABLE RANGE OF ALTERNATIVES In general, there are two types of alternatives that may be reviewed in an EIR: (1) alternatives to the project that are other projects entirely, or other approaches to achieving the project objectives rather than the project or modified project; and (2) alternatives of the project that include modified project components, such as alternative project sites or processes and/or modified facilities, layout, size, and scale. The EIR evaluated both types of alternatives to develop a reasonable range. In accordance with the CEQA Guidelines, the alternatives considered in the certified EIR include those that 1) could accomplish most of the basic objectives of the project, and 2) could avoid or substantially lessen one or more of the significant effects of the project. The EIR also examined the No Project Alternative, which is required under CEQA Guidelines § 15126(d)(2). B.3.1 Use Imported Domestic Water (Alternative 1) This alternative would involve the use of imported domestic water to supplement the City's non-domestic water supply to meet current and future non-domestic water demands. The City's average non-domestic water demand is projected to increase from 2,014 acre-feet per year (afy) to 3,268 afy over the next 20 years. The City, through two existing non -potable wells (Mission Street ' Well and Hollywood Well No. 2A), could supply up to 358 afy of non-domestic water, leaving a balance of 2,910 afy. This alternative would supply the balance of 2,910 afy by increasing the City's imported Page 1 of 3 10/16/2007 Exhibit 8 Program EIR Findings Of Fact Reaardino Alternatives Non-Domestic/Recycled Water Master Plan Update domestic water supply instead of using locally -produced recycled water. To supply the balance, the City would need to increase its imported domestic water supply by about 38 percent. The current pipeline system delivering imported water to the City is undersized and cannot handle this increase in flow. (Even if the system were expanded, additional water may not be available for purchase.) In order to make up for this unattainable capacity, the City would need to construct about 8 million gallons (MG) of additional operational storage. This would allow the City to store excess water to address peak demands beyond its maximum import supply. This increase in import supply also warrants a significant increase in the City's emergency storage capacity. Metropolitan Water District, the main supplier of water to the region's local water purveyors, requires its client districts to have enough emergency storage to supply seven days worth of water to its customers. This ensures Metropolitan Water District that its client districts can still provide water even in the event of extended interruptions to imported domestic water supply. Implementation of this alternative would require the City to store almost 18 MG worth of emergency water to meet the aforementioned seven-day storage requirement. The total amount of storage required for this alternative would be approximately 26 MG. The City can obtain external emergency storage with the proposed Chiquita Reservoir Project. Of the 18 MG of emergency storage mentioned earlier, 15 MG can be provided by the Chiquita Reservoir Project. Due to operational concerns, a minimum of 3 MG of emergency storage needs to be located within the service area. This results in the need to construct a total of 11 MG worth of storage within the City's service area. This is greater than the 7 MG required for the proposed project. Findings Under this alternative, construction of more storage facilities would result in greater impacts to geological, biological, aesthetic, and cultural resources than the Proposed Project. Impacts to air quality, traffic and water quality would also increase because of increased construction activities. Implementation of this alternative would fail to meet the majority of the project objectives, including: expand Non-Domestic/Recycled Water System to meet existing and future non-domestic demands; optimize use of available recycled water supplies; reduce reliance on imported water; encourage the production and use of recycled water per City conservation goals; and contribute to regional recycled water use goals. B 3 2 Expand supply from non-domestic wells and supplement using imported domestic water (Alternative 2) This is a "hybrid" alternative which involves maximizing the City's non -potable well -water supply and supplementing that supply with imported domestic water. By rehabilitating two existing wells and constructing four new wells adjacent to the San Juan Creek riverbed, the City could maximize its non -potable well -water capacity and increase the City's non- domestic supply from 358 afy to 1,360 afy. While this represents a significant increase, it is still not enough to meet the City's projected demand of 3,286 afy. Like Alternative 1, the balance of the demand would be met by importing more domestic water. This alternative entails a 33 percent increase in the City's imported domestic water supply. As with Alternative 1, obtaining this additional supply may not be feasible. In order to make up for this unattainable supply, the City would need to construct about 5 MG of additional operational storage. Also, over 13 MG of emergency water storage would need to be constructed based on the seven-day emergency storage requirement mentioned earlier. Up to 2 MG of non-domestic water storage would be needed for the increased non -potable well -water supply. The total amount of storage required for this alternative would be approximately 20 MG. The City could obtain external emergency storage with the proposed Chiquita Reservoir Project. Of the 13 MG of emergency storage, 10 MG can be provided by the Chiquita Reservoir Project. Due to operational concerns, a minimum of 3 MG of emergency storage needs to be located within the service Page 2 of 3 10/16/2007 Exhibit 8 Program EIR Findings Of Fact Regarding Altematives Non-Domestic/Recycled Water Master Plan Update area. This results in the need to construct a total of 10 MG of storage within the City's service area. This ' is greater than the 7 MG required in the proposed project. Findings Construction of more storage facilities would entail more geological, biological, aesthetic, and cultural resource impacts to the City. Impacts to air quality, traffic and water quality would also increase because of increased construction activities. Implementation of this alternative would fail to meet the majority of the project objectives, including: expand Non-DomestictRecycled Water System to meet existing and future non-domestic demands; optimize use of available recycled water supplies; encourage the production and use of recycled water per City conservation goals; and contribute to regional recycled water use goals. B.3.3 No -Project Alternative CEQA requires the evaluation of a No -Project Alternative consisting of the reasonably foreseeable future condition that would exist if the project were not approved (CEQA Section 1 5126.6(e)). Under the No - Project Alternative, the City of San Juan Capistrano would not construct new facilities or expand the Non- DomestictRecycled Water System. Under the No -Project Alternative, each of the impacts identified in the EIR would be avoided. However, none of the project objectives would be met. As mentioned earlier, over the next 20 years, the City's non-domestic water demand is projected to increase from 2,014 afy to 3,268 afy. The City's current non-domestic and domestic water supply is insufficient to meet this demand. Also, the City's water distribution system is grossly undersized to meet this demand. The No -Project Alternative is therefore not feasible. Page 3 of 3 10/16/2007 EXHIBIT C ' STATEMENT OF OVERRIDING CONSIDERATIONS CA SUMMARY OF OVERRIDING CONSIDERATIONS Section 15093 of the CEQA Guidelines establishes the following requirements for a Statement of Overriding Considerations: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the decision of the public agency allows the occurrence of significant effects that are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or (a)(3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15093, the City of San Juan Capistrano (City) adopts and makes the following Statement of Overriding Considerations regarding the remaining unavoidable impacts of the Proposed Project and the anticipated economic, legal, social, technological, environmental, and other benefits of the Proposed Project. ' In considering the Proposed Project, the City has weighed the benefits of the Proposed Project against its unavoidable environmental risks and potentially significant adverse impacts. The City hereby determines that the benefits of the Proposed Project outweigh its unavoidable environmental risks and unmitigated adverse impacts. The City finds that to the extent that the identified significant or potentially significant adverse impacts have not been avoided or substantially lessened, there are specific economic, legal, social, technological or other considerations that support approval of the Proposed Project. C.2 ADOPTION OF OVERRIDING CONSIDERATIONS The City specifically adopts this Statement of Overriding Considerations and finds that: a) as part of the approval provisions, the Proposed Project has eliminated or substantially lessened all significant effects on the environment where feasible; and, b) the remaining unavoidable impacts of the Proposed Project are acceptable in light of the environmental, economic, legal, social, technological, and other considerations set forth herein, because the benefits of the Proposed Project outweigh the significant and adverse impacts of the Proposed Project, as noted below. The City finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Proposed Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Proposed Project. The City finds that substantial evidence in the record supports its findings in this regard. C.3 UNAVOIDABLE ENVIRONMENTAL RISKS OF PROPOSED PROJECT The City of San Juan Capistrano Non-Domestic/Recycled Water Master Plan Update will have certain ' significant effects that are identified in the Final EIR but will not be fully mitigated. These effects include impacts to air quality during the construction process. Some of these impacts will be reduced by identified mitigation measures, but the impacts may not be reduced to a less than significant level. Page 1 of 2 10/16/2007 Exhibit C Program EIR Statement of Overriding Considerations (SOC) Non-Domestic/Recycled Water Master Plan Update CA BENEFITS OF PROPOSED PROJECT The City has carefully considered the Proposed Project described in the City of San Juan Capistrano Non-Domestic/Recycled Water Mater Plan Program Final EIR and the unavoidable adverse environmental impacts associated with it and hereby identifies the following environmental, economic, legal, social, technological, and other benefits of the project: Implementing the Proposed Project would expand Non-Domestic/Recycled Water System to meet existing and future non-domestic demands within the City of San Juan Capistrano in an environmentally sound and cost effective manner. Implementing the Proposed Project would optimize use of available recycled water supplies, reduce domestic water used for non-domestic purposes, reduce reliance on imported water, and enhance system reliability and service capabilities. Implementing the Proposed Project would encourage the production and use of recycled water per City conservation goals and contribute to regional recycled water use goals. The City of San Juan Capistrano has weighed the above benefits of the Proposed Project described in the Non-Domestic/Recycled Water Master Plan Update Program Final EIR against its unavoidable environmental risks and the adverse environmental effects identified in the Final EIR and hereby determines that the above benefits outweigh the risks and adverse effects. The City, therefore, determines that these risks and adverse environmental effects are acceptable. Page 2 of 2 10/16/2007