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Resolution Number 08-03-04-01RESOLUTION NO. 08-03-04-0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE HIGH WEST SIDE PIPELINE PROJECT (CIP 793), RECYCLED PIPELINES PROJECT (CIP 755), AND THE RECYCLED WATER PRESSURE REDUCING VALVE PROJECT (CIP 785) WHEREAS, the Public Works Department has prepared plans for the High West Side Pipeline (CIP 793), Recycled Pipelines (CIP 755), and Recycled Water Pressure Reducing Valve Projects (CIP 785) and such installation is consistent with the recommended water facilities improvements contained in the City Council -adopted Domestic Water Master Plan (DWMP) and Recycled Water Master Plan (RWMP); and, WHEREAS, the proposed projects have been processed pursuant to Section 9- 2.337, Public Improvement Plans and Outside Agency Development Review of the Land Use Code; and, WHEREAS, the City of San Juan Capistrano Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines; has determined that the project qualifies for issuance of a Mitigated Negative Declaration (MND), has issued a Negative Declaration pursuant to Section 15070 of those ' guidelines; and has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines. The City has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970) and all recommended mitigation measures have been incorporated herein; and, WHEREAS, Draft Mitigated Negative Declaration for the City of San Juan Capistrano High West Side Pipeline (CIP 793), Recycled Pipelines (CIP 755), and Recycled Water Pressure Reducing Valve Project (CIP 785) was made available for public review and comment pursuant to the CEQA Guidelines (Section 15073) for a period of 20 days, commencing on January 17, 2008, and ending on February 5, 2008; and during this review period, the City received no comment letters from agencies. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings based on substantial evidence in the record with respect to compliance with the provisions of the California Environmental Quality Act: Section 1. Pursuant to California Environmental Quality Act (CEQA) Guidelines (Section 15074), the Initial Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant environmental effects of the proposed project and is complete and fully complies with all requirements of CEQA and the Guidelines; and, Section 2. The project could result in potentially significant air quality impacts as a result of construction -related emissions. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: AQ -1 Project construction shall comply with SCAQMD Rule 403 to the satisfaction of the City which should significantly reduce fugitive dust amounts by up to 50 percent. Dust reducing measures shall include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, and requiring operations that tend to create dust be suspended during windy conditions. AQ -2 Project construction shall comply with SCAQMD Rule 402 to reduce potential nuisance due to odors from construction activities. Measures include the following: The Building & Code Enforcement Manager may suspend grading activity when local winds exceed 15 miles per hour and during first and second stage smog alerts. All trucks hauling dirt, soil or other loose dirt material shall be covered. The following measures shall be implemented to reduce emissions from construction -related traffic congestion to the satisfaction of the City Engineer: • Configure construction parking to minimize construction traffic interference with roadway traffic; • Minimize obstruction of through -traffic lanes; • Provide a flag person as appropriate to guide traffic properly and to ensure safety at construction sites; • Develop a traffic management plan to minimize traffic flow interference from construction activities. Include advance public notice of routing and use of public transportation; and • Schedule construction operations affecting traffic during off-peak hours, where feasible. Section 3. The project could result in potentially significant cultural resources impacts as a result of construction related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: CR -1 Prior to issuance of any grading or building, the applicant will retain the services of a RPA (Register of Professional Archeologists) -certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic Page 2 of 5 03-04-2008 resources. Also, the applicant will provide an executed contract for services with a RPA -certified archeologist including a scope -of -work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. If historic and/or cultural resources are encountered during grading and/or building activities, the monitoring RPA archeologist may cease any grading and/or building construction activities, subject to confirmation by the City's Environmental Administrator (EA), to allow for preliminary assessment, evaluation of any cultural resources, and/or recovery. The archeological monitor or Environmental Administrator (EA) may allow grading activity to proceed at other locations on the project site which would not interfere with the assessment of uncovered cultural resources. Prior to occupancy permit issuance, the project will submit a technical memorandum or cultural resources report which details archeological monitoring efforts, findings, analysis, and conclusions consistent with City Council Policy #601 and subject to review and approval of the Planning Director. Section 4. ' The project could result in potentially significant water quality impacts as a result of construction -related activities. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: WQ-1 The City shall require that preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) which emphasizes structural and non- structural Best Management Practices (BMPs) in compliance with NPDES Program requirements, is included in the project's bid specifications. Specific measures shall include, but not be limited to: Siltation of drainage devices shall be handled through a maintenance program to remove silt/dirt from channels and street gutters. Surplus or waste material from construction shall not be placed in drainage ways or within the 100 -year floodplain of surface waters. Loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in an effective manner which eliminates any discharge to surface waters. Section 5. The project could result in potentially significant short-term construction noise impacts. However, the following proposed mitigation measures will reduce such impacts to a level of insignificance: Page 3 of 5 03-04-2008 N-1: Noise sources associated with construction, repairs, remodeling, or the — grading of any real property, shall be exempt from the provisions of the City's noise code if conducted from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on Sunday or a Federal holiday. N-2: Equipment will use available noise suppression devices and properly maintained mufflers. Construction noise will be reduced by using quiet or ..new technology" equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used within the project limits will be equipped with the type of muffler recommended by the vehicle manufacturer, and will be maintained in good mechanical condition. N-3: During all site preparation and grading, contractors shall minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses. N-4: The equipment staging area will be situated so as to provide the greatest distance separation between construction -related noise sources and noise - sensitive receptors nearest the project site during all grading and construction. N-5: Notification will be given to area property owners of planned utility construction through the posting of signs along the planned construction zones at least thirty (30) days prior to commencement of demolition activity. The signage will include a summary description of the project, the duration of the work, and encourage use of alternative routes. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to General Plan consistency: Section 1. The proposed project is consistent with the policies and objectives of the General Plan, specifically, the Public Services & Utilities Element because the proposed waterline replacement will ensure that the City maintains the ability to provide the required high- quality and dependable water service to the community. Section 2. The proposed project is consistent with the City Council adopted Domestic Water Master Plan (DWMP) and Recycled Water Master Plan (RWMP) which identifies the replacement Page 4 of 5 03-04-2008 of the existing waterlines and facilities (Project) to provide necessary higher levels of water service to existing and proposed developments located in the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve a Mitigated Negative Declaration subject to the mitigation measures contained herein. PASSED, APPROVED AND ADOPTED this 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 certifythat the foregoing Resolution No. 08-03-04-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4" day of March 2008, by the following vote: AYES:C U CIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto NOES: J/(/ CIL MEMBER: None ABSENT/. / UNCIL MEMBER: None Page 5 of 5 03-04-2008