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Resolution Number 10-12-07-07RESOLUTION NO. 10-12-07-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING GENERAL PLAN AMENDMENT (GPA)10-03, AMENDING THE GENERAL PLAN CONSERVATION & OPEN SPACE ELEMENT TO INCORPORATE ADDITIONAL POLICIES PURSUANT TO THE REGIONAL PERMIT ISSUED BY THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) WHEREAS, on December 16, 2009, the San Diego Regional Water Quality Control Board (RWQCB) adopted new standards and requirements for Orange County and cities within Orange County to update their General Plan policies to include provisions for the implementation of low -impact development (LID) which consists of a "A storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre -development hydrologic functions;" and, WHEREAS, Section 9-2.307 of the City's Land Use Code (Title 9 of the Municipal Code) provides that only the City Council may initiate consideration of a General Plan Amendment; and, WHEREAS, the proposed project is legally mandated to provide compliance with the San Diego Regional Water Quality Control Board (RWQCB) regional permit necessary to assure compliance with the Federal Clean Water Act (2006); and, WHEREAS, on October 19, 2010, the City Council initiated the General Plan Amendment process pursuant to Section 9-2.307 of Title 9, Land Use Code which expressly requires City Council initiation of consideration of any General Plan Amendment; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 7 and Class 8 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the county clerk until the project has been approved;" and, WHEREAS, on November 23, 2010, the Planning Commission conducted a duly - noticed public bearing to consider public testimony on the proposed General Pian Amendment and recommending City Council adoption; and, WHEREAS, the City Council finds and determines that the proposed General Plan Amendment is consistent with the existing goals and policies of the General Plan Conservation & Open Space Element. 12/7/2010 NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby adopts this amendment to the General Plan Conservation & Open Space Element, as provided by Exhibit A, attached hereto and incorporated herein. PASSED, APPROVED AND ADOPTEDthis 7 t day of December 2010. COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) STATE OF CALIFORNIA ) SAM ALLE A MAYOR I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No, 10-12-07-07 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7th day of Q cember 2010, by the following vote: AYES: C U�ICIL MEMBERS: Freese, Reeve, Taylor, Kramer and Mayor Ailevato NOES: C NCIL MEMBERS: None ABSENT:, ( NCIL MEMBERS: None MARA W. RRIS, City 2 12/7/2010 NOWUMIUM Proposed Amendments to the General Plan Conservation & Open Space Element in compliance with the San Diego Regional Water Quality Control Board (RWQCB) regional permit. Amend the General Plan Conservation & Open Space Element by adding the, following policies and measures to Goal #7: Policy 7-7: Encourage sustainable, low -impact development (LID) that protects water quality and the watersheds throughout the City including but not limited to the following techniques: Measure 7-7.1: Preserve and/or conserve those natural areas that promote improvement of water quality. Measure 7-7.2: Develop and adopt "public facility improvement standards" which minimize impervious area while meeting professionally- accepted rofessionallyaccepted engineering design practices. Measure 7-7.3: For new development, minimize the impervious "footprint" of project so as to reduce the volume of potential stormwater runoff from such project sites. Measure 7-7.4: Whenever practical and feasible, avoid disturbance of natural drainage ways which serve as natural bio -filters for stormwater runoff, and incorporate perimeter buffer zones. Measure 7-7.5: For new development, encourage and implement site planning practices which effectively integrate pervious areas (paved, or building -occupied areas) with impervious areas (natural or landscaped areas). Policy 7-8: Provide that new development will implement low -impact development (LID) practices that protect natural drainage ways and creeks from hydro - modification in compliance with the City's adopted Hydro -modification Plan (HMP) using appropriate and effective hydrologic control measures. Provide that post -development, stormwater runoff discharge rates and duration do not exceed pre -development, stormwater runoff discharge rates and duration.