Resolution Number 08-06-03-01RESOLUTION NO. 08-06-03-01
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND APPROVAL OF A PROJECT STUDY
REPORT AND CONCEPTUAL DESIGN PLANS FOR THE
CONSTRUCTION OF A 12 -INCH POTABLE WATER PIPELINE (SAN JUAN
CAPISTRANO ORTEGA HIGHWAY PIPELINE PROJECT)
WHEREAS, the City of San Juan Capistrano has prepared a project study report
and conceptual design plans for the Ortega Highway Pipeline Project to construct
approximately 5,287 linear feet of 12 -inch diameter potable water main pipeline within the
Ortega Highway right-of-way. The project site is an existing reservoir site located in both
the City of San Juan Capistrano and unincorporated Orange County along a one -mile
section of the Ortega Highway; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.337,
Public Improvement Plans and Outside Agency Development Review of the Land Use
Code; and,
WHEREAS, the 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.
Furthermore, the City has mailed a "Notice of Intent to Adopt a Mitigated Negative
Declaration" by first-class mail to all parties who had previously requested to be included
on the mailing list. The City has otherwise complied with all applicable provisions of the
California Environmental Quality Act (1970) and all recommended mitigation measures
have been incorporated herein; and,
WHEREAS, The "San Juan Capistrano Ortega Highway Pipeline Project Initial
Study/Mitigated Negative Declaration"was made available for public review and comment
pursuant to the California Environmental Quality Act (CEQA) Guidelines (Section 15073)
for a period of 30 days, commencing on December 26, 2007, and ending on January 26,
2008; and during this review period, the City received several comment letters; and,
WHEREAS, The City has prepared responses to the comments concluding that no
additional significant impacts requiring revisions to the Initial Study were identified;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the
following findings based on substantial evidence in the record with respect to compliance
' with the provisions of the California Environmental Quality Act:
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Section 1. --
Pursuant to California Environmental Quality Act (CEQA) Guidelines §15074, the Initial
Study/Mitigated Negative Declaration (IS/MND) considers all potentially significant
environmental effects of the proposed project and is complete and fully complies with all
requirements of CEQA and the Guidelines; and,
Section 2.
The project would not result in significant impacts to aesthetics.
Section 3.
The project would not result in significant impacts to agricultural resources.
Section 4.
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 Implement the following to minimize air emissions:
• Water sufficiently to reduce off-site transport of fugitive dust from all unpaved
staging areas and unpaved road surfaces.
• Cover all trucks hauling soil, sand, and other loose materials.
• All paved access roads, parking areas, 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 watersweepers
or recommended water sweepers using reclaimed water.
• All construction equipment shall be properly tuned and maintained in
accordance with manufacturers specifications.
Adherence to SCAGMD Rules 431.1 and 431.2, which require the use of low sulfurfuel for
stationary construction equipment.
Section 5.
The project could result in potentially significant impacts to biological resources as a result
of project construction. However, the following proposed mitigation measures will reduce
such impacts to a level of insignificance:
BI0-1 The following mitigation measures would reduce potential impacts to biological
resources.
• Construction equipment shall avoid entering the creek banks and drainage
area.
The City shall coordinate with Caltrans to identify and comply with
construction restrictions during bird nesting season.
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• The City shall ensure that preconstruction bird surveys are conducted within
14 days prior to the start of construction activities during the nesting season
(February 1 to August 31). If active nests are found during preconstruction
surveys, the City shall comply with Caltrans' mitigation requirements for
providing adequate non -disturbance buffer around active raptor nests and
other nesting birds until it is determined that all young have fledged. The size
of individual buffers can be adjusted based on an evaluation of the site by a
qualified biologist. Site evaluations and buffer adjustments would be done in
consultation with the local California Department of Fish and Game
representative. If preconstruction surveys indicate that nests are inactive or
potential habitat is unoccupied during the construction period, no further
mitigation is required.
Section 6.
The project could result in potentially significant impacts to cultural resources as a result of
project construction. However, the following proposed mitigation measures will reduce such
impacts to a level of insignificance:
CR -1 The following mitigation measures will be utilized to avoid negative impacts to
cultural resources:
The contract specifications shall require the City's contractor to retain the
services of a RPA (Register of Professional Archeologists) -certified
' archeologist who will monitor all grading and excavation forpotential impacts
on cultural resources including archeological, paleontological, and historic
resources. The contractor shall provide an executed contract for services
with an 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 completion of the project, the contractor shall assure that the
archeological monitor submits 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.
' If human remains are encountered, the City shall halt work in the vicinity of
the find and contact the county coroner in accordance with Public Resources
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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 formeans 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.
Section 7.
The project could result in potentially significant geology and soils impacts related to
erosion and sedimentation as a result of construction -related activities. However, the
following proposed mitigation measure will reduce such impacts to a level of insignificance:
Implement Mitigation Measure WQ-1.
Section 8.
Impacts to hazards and hazardous materials would be less than significant as large
quantities of potentially hazardous materials would not be present at the construction site,
no hazardous materials would be routinely used during the operation of the pipeline, no
above ground structures would be constructed and all vegetation would be removed before
construction activities begin.
Section 9.
The project could result in potentially significant hydrology and water quality impacts
related to erosion and sedimentation 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 contractors comply with Best Management Practices
(BMPs) for erosion and sedimentation control identified in Caltrans' SWPPP for
the roadway project.
Section 10.
The project would not result in impacts to land use and planning.
Section 11.
The project would not result in impacts to mineral resources.
Section 12.
The project could result in potentially significant noise impacts related to construction
activities. However, the following proposed mitigation measures will reduce such impacts to
level of insignificance:
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N01-1 Noise sources associated with construction, repairs, remodeling, or the grading
' of any real property shall be limited to 7:00 a.m. to 6:00 p.m. on Monday through
Friday, and from 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited
all day Sunday and on Federal holidays.
N0I-2 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).
Section 13.
Impacts to population and housing would be less than significant as the proposed project
would not directly contribute to the creation of additional housing or jobs because the
project is limited to the provision of water supply infrastructure.
Section 14.
The project would not result in impacts to public services.
Section 15.
The project would not result in impacts to recreation.
Section 16.
' Impacts to transportation and traffic would be less than significant as the traffic generated
by the pipeline installation activities would be minor compared to the overall impact of the
road widening project and impacts would be relatively brief. The construction crew would
not require a significant number of parking spaces. The City would be subject to Caltrans
emergency access and traffic control plans. After construction of the project, all
transportation impacts would cease.
1
Section 17.
Impacts to utilities and service systems would be less than significant as solid waste
generation would be limited to construction activities, and would not affect available solid
waste disposal capacity in the region.
Section 18.
Impacts of mandatory findings of significance would be less than significant as the project
would not degrade the quality of the environmental. Any environmental impacts would be
limited to short-term construction impacts and would be reduced to a less -than -significant
level by the above mitigation measures.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby recommend adoption of a Mitigated Negative
Declaration subject to the mitigation measures contained herein.
Page 5 of 6 06-03-2008
PASSED, APPROVED AND ADOPTED this 3rd day c
ATTEST:
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. 08-06-03-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 3`tl day of June 2008, by the
following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Nielsen, Hribar, Uso and Mayor Soto
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNC L M MBER:
None
MARGA ET R. MONAHAN, City Clerk
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