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Resolution Number 10-11-02-01RESOLUTION NO. 10-11-02-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF LA NOVIA AVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292-01, 02 & 06) (DISTRITO LA NOVIA-SAN JUAN MEADOWS) Whereas, Advanced Real Estate Services (ARES) has requested approval of a planning applications and a Development Agreement for a project comprising two sites, including the 18.7 acre Distrito La Novia site and the 135.1 acre San Juan Meadows site. Together, the two sites comprise a 153.8 acre project and would combine the San Juan Meadows site and the Distrito La Novia site into a single project. The Distrito La Novia site development proposes a mixed-use development on the 18.7 acre Distrito La Novia property including 75,100 gross square feet (68,200 net square feet) of commercial -retail use, 32,000 gross square feet (27,500 net square feet) of office use, and 140 residential units (90 for -sale condominiums & 50 rental apartments). The Meadows site proposes 94 single-family detached (SFD) dwelling units and a 775 -horse equestrian center; and, Whereas, the General Plan Land Use Element designates the westerly 9.1 acres of the Distrito La Novia property as "Specific Plan/Precise Plan" and the easterly 9.7 acres as "PC„ (Planned Community) and the 1983 El Parador Specific Plan would allow the development of a 300 - room hotel and conference center (160,000 GSF) including support facilities (e.g., convention/banquet facilities, restaurant and coffee shop, small retail shops incidental to the hotel, and support services such as administrative offices, laundries, etc.). Whereas, the General Plan Land Use Element designates the San Juan Meadows component of the proposed project as "Planned Community" (PC) and comprises "The Mesa" portion of the Forster Canyon Planned Community/Comprehensive Development Plan (CDP 81-01) which would allows for the development of a 275 single-family detached (SFD) lots, and 165 -senior apartments; and, Whereas, on May 6, 2008, the City Council adopted Resolution 08-05-06-06 initiating the General Plan Amendment (GPA) study process with respect to the Distrito La Novia-San Juan Meadows project to study the proposed General Plan Amendments to the Land Use Element's land use designations and the Circulation Element; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines; reviewed all comments and prepared responses to comments pursuant to Section 95088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP); and, 11/2/2010 Whereas, the Design Review Committee conducted public workshops or meetings on June 5, 2008; August 21, 2008; November 20, 2008; and December 17, 2009 pursuant to Title 9, Land Use Code to consider the proposed project and to consider public testimony on the proposed project; and, Whereas, the Transportation Commission conducted a public meeting on December 9, 2009 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider public testimony on the proposed project; and, Whereas, the Park, Recreation & Equestrian Commission conducted a public meeting on January 18, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider public testimony on the proposed project; and, Whereas, the Housing Advisory Committee conducted a public meeting on January 27, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and to consider public testimony on the proposed project. Whereas, the Planning Commission conducted duly -noticed public hearings on February 23, March 9, March 23, April 13 and April 27, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public 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 with respect to the Environmental Impact Report (EIR) for the proposed project: The Draft Environmental Impact Report (EIR) was prepared pursuant to and in compliance with Section 15081 of the California Environmental Quality Act (CEQA) Guidelines and addresses all potentially significant, adverse environmental impacts of the proposed Distrito La Novia-San Juan Meadows project; and, 2. The City issued a Notice of Preparation pursuant to and full compliance with Section 15082 of the CEQA Guidelines and has addressed all CEQA-relevant issues raised as part of the Notice of Preparation (NOP) scoping process, and the Draft Environmental Impact Report (EIR) has been prepared pursuant to Section 15084 of those Guidelines; and, 3. The City conducted a public scoping meeting on the content of the Draft Environmental Impact Report (EIR) on June 18,2008 pursuant to Section 15082(c) of the CEQA Guidelines and has addressed all CEQA-relevant issues raised during the public scoping meeting; and, 4. The City issued a Notice of Completion pursuant to Section 15085 of those Guidelines and provided a 45 -day public review period and provided the requisite documents to the State Clearinghouse (SCH) for distribution to affected and/or interested State agencies for review and comment pursuant to Section 15087 of the California Environmental Quality Act (CEQA) Guidelines; and, 5. The City has reviewed all public agency and private party CEQA-related comments and prepared Response to Comments pursuant to and in full compliance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, 2 11/212010 6. The City has prepared detailed Findings of Fact with respect to compliance with the California Environmental Quality Act (CEQA), and those findings fully support certification of the Final Environmental Impact Report (EIR); and, 7. The City has determined that the proposed mitigation measure requiring improvements to the Interstate -5/1-a Novia Avenue/Valle Road northbound (NB) Ramps to address certain traffic impacts requires the applicant to secure approval of plans andlor permits from the California Department of Transportation (CalTrans) and while the implementation of these improvements are under the jurisdiction of both Caltrans and the City, the proposed mitigation measure is feasible and will sufficiently mitigate the project's impact at this intersection; and, 8. Furthermore, the proposed project requires that the applicant secure approval of all necessary permits from the San Diego Regional Water Quality Control Board (SDRWQCB) for the proposed closure or remediation of the Forster Canyon Landfill and while implementation of this mitigation measure is underthe Regional Board's sole jurisdiction, the proposed mitigation measure is feasible and will sufficiently mitigate the project's impact; and, 9. The City has determined that construction -related emissions will exceed South Coast Air Quality Management District (SCAQMD) thresholds for PM 10 (particulate matter less than 10 microns) and NOx (nitrogen oxide) despite implementation of standard conditions of approval 4.3-1 through 4.3-5 and mitigation measures 4.3-1 a and 1b. However, specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR and the City Council will be required to adopt a Statement, of Overriding Considerations; and, 10. The City has identified, analyzed and disclosed all potentially significant, adverse impacts of the project, identified appropriate and feasible mitigation measures to reduce impacts to a level of insignificance, and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP) prepared pursuant to and in full compliance with the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby certifies the Final Environmental Impact Report subject to the Findings of Fact, Statement of Overriding Considerations, and t'rgWabon-M. storing Reporting Program (MMRP) provided by Exhibits "A" "B" and "C" attached he�to and into borated herein; and, PASSED, APPROVED AND ADO TEP .is-- �-d y of November, 2010, by the following vote, to wit---- �� S USO, MA 11/2/2010 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-11-02-01 was duly adopted by the City Coin cil of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd day of/� ember 2010, by the following vote: AYES: C' UNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso NOES: OUNCIL MEMBER: None ABSENT; .; OUNCIL MEMBER. None MARIA°` ORRIS, City 4 11/212010 EXHIBIT A STATEMENT OF FINDINGS AND FACTS, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROPOSED DISTRITO LA NOVIAI SAN JUAN MEADOWS PROJECT SAN JUAN CAPISTRANO, CA HAVING RECEIVED, REVIEWED, AND CONSIDERED THE FOLLOWING INFORMATION AS WELL AS ALL OTHER INFORMATION IN THE RECORD OF PROCEEDINGS ON THIS MATTER, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS: N. INTRODUCTION The California Environmental Quality Act ("CEQA"), Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. Section 15092 of the State CEQA Guidelines further stipulates that: (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page i (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. In making the findings required by Section 21081, the public agency must base its findings on substantial evidence in the record. An Environmental Impact Report (EIR) for the project has been prepared and certified as complete by the City of San Juan Capistrano, The EIR identifies certain significant effects that may occur as a result of the Distrito La NoviatSan Juan Meadows project alone or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. The environmental review process for the Distrito La Novia/San Juan Meadows project is summarized below. In accordance with CEQA requirements, a Notice of Preparation (NOP) of a Draft EIR was filed with the State Clearinghouse on June 9, 2008. The State Clearinghouse assigned State Clearinghouse Number 2008061078. The NOP was distributed to all responsible and trustee agencies, utility and service providers, Orange County Clerk/Recorder, and other interested parties on June 8, 2008 for a 30 -day public review. The review period ended on July 7, 2008. 3, The City of San Juan Capistrano distributed a Notice to all property owners within 500 feet of the subject property, which notified nearby property owners that would be most directly affected 'by implementation of the proposed project, along with public agencies and interested organizations, that a Scooping Meeting would be held as a means of providing comments on the scope of the Draft EIR. 4. A Scoping Meeting was conducted for the proposed Distrito La Novia/San Juan Meadows project on June 18_, 2008 in the San Juan Capistrano City Council Chambers. 5. In accordance with CEQA requirements, a Notice of Completion (NOC) of the Draft EIR was filed with the State Clearinghouse on January 6, 2010. 6. The Draft EIR was distributed to agencies, interested organizations, and individuals by the City of San Juan Capistrano. The distribution list is available at the City of San Juan Capistrano Planning Department. 7. A forty-five (45) day public review period for the Draft EIR was established pursuant to State law, which commenced on January 6, 2010 and ended on February 19,2010. Comments received during the public review period for the Draft EIR were responded to in a Response to Comments document dated February 2010, and distributed to each commenter ten days prior to consideration by the San Juan Capistrano City Council. 9. A Final EIR has been prepared for the Distrito La Novia/San Juan Meadows Project. The following components comprise the Final EIR: Draft EIR, January 2010; Exhibit A Statement of Findings and Facts Distrito t_a NovWSan Juan Meadows Project Page 2 b. Comments received on the Draft EIR and responses to those comments, February 2010; and c. All attachments, incorporations, and references to the documents delineated in items a and b above. The City of San Juan Capistrano is the Lead Agency with respect to the project pursuant to State CEQA Guidelines Section 15367. As a Lead Agency, the City is required by CEQA to make findings with respect to each significant effect of the Project. The City of San Juan Capistrano has reviewed the EIR. The following sections make detailed findings with respect to the potential effects of the Distrito La Novia/San Juan Meadows project and refer, where appropriate, to the mitigation measures set forth in the Final EIR, The Final EIR and the administrative record concerning the Distrito La Novia/San Juan Meadows project provide additional facts in support of the findings herein, The Final EIR (which includes, among other components, the Draft EIR, and the Response to Comments on the Draft EIR) is hereby incorporated into these Findings in its entirety. Furthermore, the mitigation measures set forth in the Mitigation Monitoring Program (MMRP) are incorporated by reference in these Findings. The Mitigation Monitoring and Reporting Program (Exhibit C) was developed in compliance with Public Resources Code Section 21081.6 and is contained in a separate document. Without limitation, these are intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Distrito La Novia]San Juan Meadows project in spite of associated significant unavoidable adverse impacts. Final EIR SCH No. 2008061078 for the Distrito La Novia/San Juan Meadows project identified significant environmental impacts prior to mitigation that may occur as a result of implementing the project. Thus, in accordance with the provisions of CEQA, the San Juana Capistrano City Council hereby adopts these findings as part of its action to certify Final EIR SCH No. 2008061078 and approve the Distrito La Novia/San Juan Meadows project. II. DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL. Consistent with the intent of CEQA, the State CEQA Guidelines, and relevant judicial interpretations of CEQA, the "project" addressed in the Final EIR is defined to include the approval of the Distrito La Novia/San Juan Meadows project that would allow the approval of preliminary site, grading, landscaping, architectural and related development plans for a proposed mixed use project. The project applicant, Advanced Real Estate Services (ARES) has submitted development plans for a project comprising two sites, the 18.7 -acre Distrito La Novia site and the 135.1 -acre San Juan Meadows site, which together, comprise a 153.9 -acre project site, The project proposes to combine the San Juan Meadows site (south of La Novia Avenue) and the Distrito La Novia site (north of La Novia Avenue), previously approved with independent development projects, into a single project. San Juan Meadows The project design proposes to significantly reduce the development intensity on the San Juan Meadows component and transfers a part of the approved San Juan Meadows residential development onto the Distrito La Novia component. The project would reduce the residential development on the San Juan Meadows component from the approved 440 dwelling units down to a maximum 94 single-family detached (SFD) dwelling units, and incorporate a 775 horse equestrian center(s). The single-family lots would be a minimum of 10,000 square feet and range in size from 10,005 gross square feet to 28,657 gross square feet; the average lot size is 12,825 gross square feet. The open space land (designated as either General Open Space or Recreation Open Space in the governing Planned Community) on the San Juan Meadows site would increase substantially from about 57.3 acres to about 90.5 acres. Of the 347 dwelling units removed from the Meadows site, 140 units would be incorporated into the Distrito La Novia (former EI Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 3 Parador Hotel) site and 207 dwelling units would be completely eliminated, In addition to these project elements, a two -acre reservoir site will be reserved within the San Juan Meadows component, The City's Domestic Water Master Plan (DWMP) has identified the need for a 3 -million gallon (2505) reservoir to be located in the general vicinity of this site at the 230 -foot elevation or on a portion of the Pacifica San Juan site to the south or on the subject site. (The dedication of the reservoir site within the San Juan Meadows property will be considered by the City of San Juan Capistrano as a potential condition of approval based on the ultimate of need for that facility on the site,) Distrito La Novia The Distrito La Novia component of the project includes the transfer of 140 residential dwelling units from the approved San Juan Meadows site. Of the 140 dwelling units relocated to the Distrito La Novia site, 90 dwelling units would be designated as "for -sale, residential condominiums" and 50 dwelling units would be designated "rental apartment units" and include an on-site "affordability component." In addition to the residential development, the Distrito La Novia development component also proposes 75,100 gross square feet (68,200 net square feet) of commercial uses (e.g., food market, restaurants, and retail) and 32,000 GSF (27,500 NSF) of professional office use Project implementation necessitates the approval of the following legislative and discretionary actions by the City Council: A General Plan Amendment application to change the land use designation of the 18.7 - acre Distrito La Novia site from "Specific Plan/Precise Plan" to "Planned Community." A General Pian Amendment application to the Land Use Element, "Figure LU -3, Planned Communities" and "Table LU -3, Planned Communities: Allowable Use Guidelines" would be amended. Also, the project would include an amendment to "Table LU -4, Development Capacity" to reflect associated acreage, dwelling units, and floor area statistics. The project would amend the Circulation Element, Figure C-2, Arterial Highway System, to delete that segment of the planned "Forster Canyon" commuter street between La Novia Avenue and the northern boundary of the Pacifica San Juan development. A Rezone to amend the zoning designation of the 18.7 Distrito La Novia site from "Specific Plan/Precise Plan" to "Planned Community" and establishing a Comprehensive Development Plan for the proposed "Distrito La Novia-San Juan Meadows Planned Community", The Comprehensive Development Plan would establish use and development standards for the proposed residential, commercial, office, retail and equestrian uses and structures. The equestrian standards would need to include provisions for stables, paddocks, hot -walkers, training arenas (covered or un -covered), wash racks, .turnouts, pastures, and similar improvements. The San Juan Meadows site would be "de -annexed" from the Forster Canyon Comprehensive Development Plan (CDP), merging it with the Distrito La Novia site, and creating the "San Juan Meadows - Distrito La Novia Planned Community." A Tentative Tract Map to subdivide the Distrito La Novia portion of the project site into development parcels consistent with the proposed development planning areas for that site to be established by the draft Comprehensive Development Plan. A Tentative Tract Map to subdivide the San Juan Meadows portion of the project site into not more than 94 residential lots and commercial equestrian facilities parcels consistent with the proposed development planning areas for that site. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 4 • An Architectural Control (AC) for the preliminary site, architectural and related development plans for the Distrito La Novia site. A Grading Plan Modification (GPM) to mass grading both the Distrito La Novia and San Juan Meadows portions of the project site. • A Development Agreement" pursuant to State law to establish specific rights and responsibilities of the applicant and the City. An Affordable Housing Cove nantllmplementation Agreement to provide or pay in -lieu fees for a minimum of 10 percent affordable housing for the dwelling units outside the Community Redevelopment Agency (CRA) area and 15 percent affordable housing for the units located inside the CRA area. • A right-of-way vacation of a portion of San Juan Creek Road (up to 0.40 acre). Project implementation will necessitate the approval of the San Diego Regional Water Quality Control Board (SDRWQCB) for the following: A Landfill Closure Plan/Post-Closure Maintenance Plan for approximately 35 acres that encompass the former Forster Canyon Landfill Ili. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT The following describes impacts of the Distrito La Novia/San Juan Meadows project found to be less than significant. 1. Agricultural Soils (convert Prime Farmland, Unique Farmland or Farmland of Statewide Important (Farmland); conflict with existing zoning for agricultural use, or a Williamson Act contract; involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use.) Fact. Implementation of the project will not result in the conversion of any designated prime or otherwise significant farmland. The project site is located within a developed and urbanized area of the City of San Juan Capistrano. According to the Orange County Important Farmland Map, the project site and other areas in the vicinity are designated as "Urban and Built Up land" (i.e., land occupied by structures with a building density of at least one unit to one and one-half acre) and "Other Land" (i.e., lands which do not meet the criteria of any other category). The project site is not zoned for agricultural uses, nor included in a Williamson Act contract. The San Juan Capistrano General Plan does not designate the subject property either for agriculture or for farmland. Because neither the site nor the project area contains any agricultural lands, project implementation will not result in the conversion of existing agricultural resources for non-agricultural purposes. There are no properties located in the vicinity of the project site that are designated for agricultural uses or are currently in agricultural use. Project implementation will not result in any impacts to agricultural soils or important farmland. 2. Mineral Resources (result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the site; result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan) Fact. Neither the City's General Plan nor the State of California has identified the site or environs as a potential location for mineral resources of Statewide, regional, or local significance. No mineral resources are known to exist. Therefore, development of the subject property as proposed will Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 5 .. _..... _ . ....__. not result in the loss of any locally important mineral resource recovery site. No significant impacts will occur as a result of project implementation. 3. Population and Housing (induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses or indirectly (for example, through extension of roads or other infrastructure; Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere; Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.) Fact. The proposed project is located in an area of the City of San Juan Capistrano where all of the essential public service and/or utilities and other features exist or can be extended to the subject property in accordance with the adopted long-range plans for the area. Further, the existing public facilities and services, including police and fire protection services, sewer, water, and flood control facilities, and parks and recreational facilities, are adequate to serve the proposed mixed use project. This is due largely to the fact that although development is proposed on the vacant property, the proposed use of the site has been anticipated based on the General Plan and adopted plans for the area, As a result, there would not be any significant unanticipated demands that would result from project implementation. The increased demands for public services and facilities would not result in the necessity to expand an existing service or create a new service, which would eliminate an existing impediment to growth because the project represents an extension of existing development in the project environs and growth than has been anticipated by virtue of the long-range plans for the area. As an incremental addition to the existing local employment and housing markets, the proposed project will not significantly increase the demand for housing beyond current levels and is within the housing forecasts for the City and region. Implementation of the proposed project will represent a reduction in density as compared to the adopted Forster Canyon Planned Community and the EI Parador Precise Plan. Therefore, future development of the Distrito La Novia/San Juan Meadows Specific Plan, as proposed, has been adequately considered in public facilities planning. Therefore, no significant impacts are anticipated and no mitigation measures are required. Project implementation will not result in the displacement of large numbers of people. The subject property is the site of some historic agricultural use (i.e., grazing) based on a review of historical aerial photography. In addition, a portion of the San Juan Meadows property was used as a sanitary landfill until 9976. The subject property is currently vacant and unoccupied. As a result, no displacement of existing occupants and/or residents will occur. Without any such displacement, no significant impacts to existing occupants and/or residents will occur as a result of project implementation. FINDING The environmental effects listed above are found not to be significant based on the analysis conducted for the proposed project. FACTS IN SUPPORT OF FINDING A. The discussion and analysis in the environmental analysis conducted for the proposed Distrito La Novia/San Juan Meadows project indicate that the environmental effects listed above are less than significant. I3. During the 45 -day public review period as mandated by CEQA, the Draft EIR was distributed to all responsible and trustee agencies and other interested parties and no comments were received that would modify the above finding. Exhibit Am Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 6 IV. FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT A. LAND USE/RELEVANT PLANNING IMPACT Long -Term Impacts: The proposed project includes a general plan amendment and zone change to accommodate the mixed-use development of the site, However, the proposed project, which includes a variety of single-family detached and attached homes, multiple - family residential units, retail commercial, professional office, recreational and open space uses is consistent with the long-range goals, policies and objectives adopted by the City in the General Plan Update. The proposed project is also compatible with the existing land uses in the area. The proposed project will comply with the applicable land use regulations prescribed in the San Juan Capistrano Municipal Code, the proposed development standards in the proposed CDP, the City's design guidelines for the respective development, and related regulatory controls to ensure consistency and compatibility. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.1 of the EI R. SC 4.1-1 All development proposed for Distrito La Novia/San Juan Meadows PC shall be reviewed for consistency with applicable provisions of the Distrito La Novia/San Juan Meadows Comprehensive Development (CDP 09-01) California Building Code, Uniform Fire Code, and other applicable codes and ordinances prior to issuance of building permits. Facts in Su2port of the Finding: The measure prescribed in the EIR will minimize project - related changes to the adopted land use plan and zoning and will ensure that land use impacts are avoided through the enforcement of the applicable land use, zoning and development standards adopted for the comprehensive Development 09-01 (Distrito La Novia — San Juan Meadows). In addition, the project will be designed with superior design standards that are intended to ensure the integrity of the mixed-use development will be maintained. Compliance with the applicable ordinances and development standards will ensure that the proposed development will be compatible with the adjacent residential, open spade, and recreation uses. All significant environmental effects have been avoided or substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required standard condition. B. TRAFFIC AND CIRCULATION IMPACT Short -Term Impacts.- Project implementation will result in the generation of construction - related traffic associated with grading, site preparation and construction. The construction - related traffic will result in some traffic delays resulting from the use of heavy trucks hauling construction equipment and materials to and from the site. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 7 effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-1 Prior to issuance of the first building permit for each phase of development, a Traffic Control Plan and Construction Management Plan shall be prepared and implemented during the construction phase for each improved phase. The Traffic Control Plan shall address traffic control for any street closure, detour, or other disruption to traffic circulation. The plan shall also provide for adequate traffic controls and/or detours to allow existing City roads that require improvements to remain open to traffic at all times, unless otherwise approved by the City Engineer. The Traffic Control Plan shall show all lane closures, restrictions, tapers and other disruptions of normal traffic flow, including pedestrian and vehicular detours, as well as all existing and temporary striping, pavement markings, pavement legends, striping removals, and temporary barricades. The Traffic Control Plan shall include provision for advance notification signs for posting periods. Facts in Support of the Finding: Implementation of the mitigation measure that includes the implementation of a Traffic Control Plan and Construction Management Plan will ensure that demolition and construction -related traffic that could affect circulation in the project vicinity would be avoided because that plan will identify and prescribe haul routes and require the implementation of traffic control procedures to minimize delays along the adjacent roadways. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required standard condition. IMPACT Long -Term Impacts: Project implementation will result in a significant cumulative impact at the Valle Road/San Juan Creek Road intersection (Existing plus Project Plus Cumulative Traffic Conditions) based on the ICU, HCM and/or SYNCHRO Method of Analysis With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate under the cumulative scenario at an unacceptable level of service during the p.m, peak hour. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MMs 4.2-3 Prior to issuance of the first building permit for the proposed project, the project applicant shall pay the fair share fee in order to mitigate the project's cumulative impact at the Valle Road/San Juan Creek Road intersection. In addition, the existing traffic signal shall be modified to reflect the changed conditions. Facts in Support of the Finding: Although the proposed project will contribute to the unacceptable traffic conditions at the Valle Road/San Juan Creek Road intersection, the applicant will be required to implement intersection and signalization improvements that would reduce the impacts this intersection to an acceptable level (i.e., LOS D or better). Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 8 All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 3. IMPACT Long -Term impacts: Project implementation will result in a significant cumulative impact at the Camino Capistrano/1-5 SB Ramps intersection (Existing plus Project plus Cumulative Traffic Conditions) based on the ICU and HCM Methods of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at and unacceptable level of service. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-4 Prior to issuance of the first building permit for the proposed project, the project applicant shall pay a fair share of the construction costs associated with the restriping and/or widening the 1-5 SB Ramps to provide a westbound shared left/right-tum lane. The provision of a second left -turn lane will require an additional departure lane on Camino Capistrano. In addition, the existing traffic signal will shall be modified to reflect the changed conditions. Facts in Support of the Finding: Although the proposed project will contribute incrementally to the unacceptable traffic conditions at the Camino Capistrano/1-5 SB Ramps intersection, the applicant will be required to participate on a "fair share" basis in the improvements that would be implemented to improve this intersection. Payment of the fees are deemed adequate mitigation by the City of San Juan Capistrano, which is the lead agency and responsible for future roadway and circulation improvements in the City. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 4. IMPACT Long -Terra Impacts: Project implementation will result in a significant direct impact at the La Novia Avenue/Calle Arroyo intersection (Existing plus Project Traffic Conditions) based on the HCM Method of Analysis. In addition, project -related traffic will result in a significant cumulative impact at this intersection (Existing Plus Project Plus Cumulative) based on the HCM Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at an unacceptable level of service during the a.m. pear hour. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MMs 4.2-5/-6 Prior to issuance of the first building permit for the proposed project, in order to mitigate the project's direct impact, the project applicant shall widen and restripe the northbound approach of La Novia Avenue and Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 9 provide a separate northbound right -turn lane, modify the existing Class III bike path accordingly and maintain bicycle access and circulation along the east side of La Novia Avenue. Facts in Support of the ..Finding: Although the proposed project will contribute incrementally to the unacceptable traffic conditions at the La Novia Avenue/Calle Arroyo intersection, the applicant will be required to implement intersection improvements that would reduce project -related impacts to a less than significant level this intersection. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 5. IMPACT Long -Term Impacts: Project implementation will result in a significant direct impact at the Valle Road at La Novia Avenue/1-5 NB Ramps (Existing plus Project Traffic Conditions) based on the NCM Method of Analysis. In addition, project implementation will result in a significant cumulative impact at this intersection (Existing plus Project plus Cumulative Traffic Conditions) based on the HCM Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at an unacceptable level of service during the p.m. peak hour. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 42 of the EIR. MMs 42-7/-8 Prior to issuance of the first building permit for the proposed project, the project applicant shall realign the intersection and provide a single left -turn lane and a shared through/right-turn lane on all four approaches of the intersection, consistent with planned improvements. In addition, the applicant shall also install a traffic signal. Facts in Support of the Finding: Although the proposed project will result in significant project -related impacts and contribute incrementally to the unacceptable traffic conditions at the Valle Road/La Novia Avenue/1-5 NB Ramps intersection, the applicant will be required to construct improvements at that intersection that would improve the operating conditions at this intersection to an acceptable level. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures, 6. IMPACT Long -Term Impacts: Project implementation will result in a significant cumulative impact at the 1-5 SB Ramps/Ortega Highway intersection (Existing plus Project plus Cumulative Traffic Conditions/2095) based on the HCM Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at unacceptable levels of service during the a.m. and p.m. peak hours. In addition, project implementation will result in a significant cumulative impact at this intersection (Existing plus Project plus Cumulative Traffic Conditions/2095) during the a.m. peak hour based on the SYNCHRO Method of Analysis. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 10 Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-10 Payment of CUP fees will mitigate potential cumulative impacts as the I- 5/Ortega Highway Interchange Improvement is included in the program. Facts Jn._Support of the Findin : Although the proposed project will contribute incrementally to the unacceptable traffic conditions on 1-5 SB Ramps/Ortega Highway intersection, the applicant will be required to CFPP fees to pay for improvements that would be implemented to improve this interchange. Payment of the fees are deemed adequate mitigation by the City of San Juan Capistrano, which is the lead agency and responsible for future roadway and circulation improvements in the City. The project, however, is within the jurisdiction of Caltrans. All significant environmental effects would be substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 7. IMPACT Long -Term lm acts: Project implementation will result in a significant direct and cumulative impact at the Driveway 1 (Distrito La Novia)/San Juan Creek Road intersection (Existing plus Project and Existing plus Project plus Cumulative Traffic Conditions//2015) based on the SYNCHRO Operations Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at unacceptable levels of service during the a.m. and p.m. peak hours. (This intersection operates at an unacceptable level of service during the p.m. peak hour under the Existing plus Project Traffic Conditions.) Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM. 4.2-11 Northbound left -turn movements out of the project driveway on San Juan Creek Road shall be prohibited. This shall include physical improvements necessary to prevent the prohibited movement (e.g., island, raised center median, etc.) as determined by the City Engineer. Facts in Support of the Finding: Although the proposed project will contribute directly and incrementally to the unacceptable traffic conditions the Driveway 1 (Distrito La Novia)/San Juan Creek Road intersection, with the prohibition of northbound left -turn movements combined with the intersection improvements that increase the capacity of the intersection, the intersection would operate at an acceptable level of service. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 11 IMPACT Long -Term Im at the . "pacts: Project implementation will result in a significant cumulative impact via Avenue/Calle Arroyo intersection based on the HCM Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at an unacceptable level during the p.m. peak hour. Findinq: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-13 Refer to MM 4.2-5. (These improvements mitigate cumulative impacts.) Facts !a -Support of the Finding: Although the proposed project will contribute to the unacceptable traffic conditions the La Novia Avenue/Calle Arroyo intersection, construction of the intersection improvements will ensure that adequate capacity is provided at the intersection to accommodate future traffic, including that generated by the project. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. IMPACT Lan -Term Impacts: With a proposed parking supply of 932 parking spaces, and no defined "Dining or Drinking Area" provided by the applicant for the Distrito La Novia Restaurant component of the proposed project, the allowable restaurant floor area needs to be restricted so as to assure that parking is adequate based on the City's Parking Code requirement, Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4,0, Section 4.2 of the EIR, MM 4.2-14 "Dining or Drinking Area" for proposed restaurant uses shall not exceed 50% of the total 19,400 gross square feet of restaurant gross floor area (GFA). Facts in Support of the Findin : The placement of a limitation on the proposed restaurant will reduce the total parking that would be required for the project. As a result, adequate parking would be provided and would eliminate the potential parking shortfall associated with parking plan reflected on the proposed site development plan. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 10. IMPACT Long -Term Im acts: Based on the Title 9 Land Use Code parking requirements, the proposed project would result in a parking deficit of 36 parking spaces, however, the deficit Exhibit A Statement of Findings and Facts Distrito Le Novia/San Juan Meadows Project Page 12 could be sufficiently addressed through implementation of a shared parking agreement to allow shared use between employment, residential, and commercial land uses. Finding: Changes or alterations have been required in, of incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-15 Prior to issuance of the first building permit for the Distrito La Novia component, the project applicant shall prepare and submit a "shared parking agreement" accompanied by s shared parking analysis to verify the adequacy of the proposed parking supply at Distrito La Novia. As an alternative, the project applicant could revise the development plans to increase the parking supply by 25 parking spaces to meet the City's parking code requirements (Note: modifications to site and/or building plans could require additional discretionary review by the City). MM 4.2-17 The building site plan shall be reviewed for conformity with the Fire Master Plan by the OCFA to ensure that emergency vehicles (i.e., fire trucks) and service/delivery trucks (i,e., UPS, FedEx, and trash trucks), as well as other large trucks (Le., WB -40, WB -50) can adequately circulate through the site. Finding: The preparation of a "shared parking agreement" and associated parking analysis ,..sis will Facts in Support of t p g nalysis will ensure that adequate parking can be provided for the proposed uses. Without such confirmation, the addition of 25 parking spaces will resulting compliance with the City's parking code and will ensure that adequate parking would be provided by the proposed project. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 11, IMPACT Long -Term Impacts: Because specific plans have not been proposed for the planned equestrian center(s) and that area will be subject to future Architectural Control (AC) application review andapproval, parking supply for the San Juan Meadows component remains unknown at this time, and parking compliance cannot be verified. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-16 Prior to finalization of the project site plan for the San Juan Meadows equestrian center(s), the project applicant shall provide a detailed parking plan that verifies the adequacy of the proposed parking supply to meet the minimum parking code requirement of 263 spaces for the 94 -unit residential community and 155 parking spaces for the equestrian center. Facts in Support of the Finding: The preparation of a detailed parking plan will ensure that adequate parking can be provided for the proposed equestrian uses in the San Juan Meadows project component. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 13 All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures, C. CLIMATE AND AIR QUALITY IMPACT Short -Term Impacts: Project implementation will result in construction emissions that exceed SCAQMD regional construction significance thresholds for NOx and PM,a. In addition, maximum daily construction emissions would also exceed the SCAQMD localized significance thresholds (LST) during construction for NOx, PM,o, and PM25. Finding: Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. SC 4.3-1 Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with grading and construction activities. SC 4.3-2 Adherence to SCAQMD Rules 4311 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. SC 4.3-3 Adherence to SCAQMD Rule 1108, which sets limitations on ROG content in asphalt. SC 4.34 Adherence to SCAQMD Rule 1113, which sets limitations on ROG content in architectural coatings. SC 4.3-5 Adherence to Title 24 energy-efficient design requirements as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with the requirements of the Uniform Building Code. MM 4.3-1a Ongoing during grading and construction, the construction contractor shall implement the following measures to further reduce construction exhaust emissions of NOX. To assure compliance, the project applicant shall verify that these measures have been implemented during normal construction site inspections: The project applicant shall specify in the construction bid that construction contractors are required to use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 or higher exhaust emission limits for equipment over 50 horsepower. A list of construction equipment, indicating type, model year & exhaust emission limit rating, that is being used on the project for construction purposes shall be maintained by the construction contractor on-site. The construction contractor shall ensure that all construction equipment is properly serviced and maintained to the manufacturer's standards to reduce operational emissions. The contractor shall maintain all equipment maintenance records Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 14 (originals or copies) on-site during construction and shall allow inspection of those records by authorized City staff including Community Development Department staff or Public Works Department staff when so requested: The construction contractor shall limit non-essential idling of construction equipment to no more than five consecutive minutes, Violations of this provision may be subject to administrative citation pursuant to Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. MM 4.3-1 b Ongoing during grading and construction, the construction contractor shall implement the following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM10 and PM2,5 emissions. To assure compliance, the District shall verify compliance that these measures have been implemented during normal construction site inspections: Immediately following the completion of any grading activities where the graded area will not be developed, constructed on, nor provided with final landscaping within 30 days, the construction contractor shall reestablish ground cover on the graded areas through seeding (California native or friendly species) and watering. This would achieve a minimum control efficiency for PM10 of 5 percent. During all construction activities, the construction contractor shall sweep streets with AQMD Rule 1186 -compliant, PM10-efficient vacuum units on a daily basis to remove all silt/dirt that is carried over and deposited on adjacent public thoroughfares during any grading/construction activity. During active debris removal and grading, the construction contractor shall suspend grading operations when average wind speeds exceed 25 miles per hour as directed by the City's building/grading inspector. Failure to comply with the inspector's directive may constitute a violation subject to administrative citation pursuant to Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. This would achieve an emissions control efficiency for PM,a of 98 percent under worst-case wind conditions. During all construction activities, the construction contractor shall maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or other loose materials, and shall cover materials with a tarp or other suitable means. Failure to comply with this provision may constitute a violation subject to administrative citation pursuant to Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. This would achieve a control efficiency for PM,a of 91 percent. During all construction activities, the construction contractor shall water all exposed ground surfaces and disturbed areas on the Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 15 construction site a minimum of every three hours and a minimum of three times per day. This would achieve an emissions reduction control efficiency for PM10 of 61 percent. ........... . During all construction activities, the construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour. Failure of the contractor to comply with this provision may constitute a violation subject to administrative citation pursuant to Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. This would achieve a control efficiency for PM1D of 57 percent. The construction contractor shall apply chemical soil stabilizers to all graded areas of the site to reduce wind erosion. This would achieve a control efficiency of up to 80 percent. Facts in Support of the Findings: MMs 4.3-1a and 4.3-1b will reduce PM10 emissions from project -related construction activities to a less than significant level (i.e., below the SCAQMD regional threshold) from a regional perspective. However, F'M10 concentrations at local sensitive receptors would remain in exceedance of the SCAQMD significance threshold for localized PM10 concentrations from construction activities. Although NOx emissions during the construction activities would be reduced by approximately 29 percent (refer to Table 4.3- 18), NOx emissions would continue to exceed the SCAQMD regional threshold and would, therefore, contribute substantially toward regional non -attainment of ozone standards. Therefore, construction -related NOx emissions and PM1© concentrations will remain significant and unavoidable. All significant environmental effects have been substantially lessened by virtue of the measures described above; however, construction -related NOx emissions and PM1© concentrations will remain significant and unavoidable, necessitating the adoption of a Statement of Overriding Considerations 2. IMPACT Long -Terni Impacts Implementation of the equestrian facility may result in potentially significant odors that could affect the adjacent and surrounding residential and non- residential development. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4,3 of the BIR, MM 4.3-2 The project applicant shall prepare a manure management plan (MMP) to ensure mandatory compliance with the South Coast Air Quality Management District's (SCAQMD) Rule 402 — Nuisance. The MMP shall control odors generated by manure collection, collection, and storage from the equestrian center to ensure odors would not constitute a public nuisance. Potential methods to control odors and odorous materials may include any combination of the following: Bioflters: Odorous gases are passed through a bed of compost and wood chips; bacteria and fungal activity help oxidize organic volatile compounds. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 16 • Biological and Chemical Wet Scrubbers: Odorous gasses are passed through a column packed with different media types.;.. water (and/or chemical) is sprayed over the top of the column to help optimize biological and chemical reactions. Manure Additives: Chemical or biological products are added to the manure. Manure Management: More frequent manure removal. Fresh manure (fewer than 5 days old) produces less odor than stored manure. • Nonthermal plasma: Odorous gases are oxidized when passed through plasma. • Oil Sprinkling: Vegetable oil is sprinkled daily at low levels in the animal pens. • Shelterbelts: Rows of trees and other vegetation are planted around a building, thus creating a barrier for both dust and odorous compounds emitted from the building exhaust. • Windbreak Walls; A solid or porous wall constructed 10 to 15 feet from the exhaust fans will cause dust to settle out and will also help disperse the odor plume. • Aerobic Treatment: Biological process where organic matter is oxidized by aerobic bacteria; mechanical aeration is required in order to supply oxygen to the bacterial population. • Anaerobic Digestion: Biological process where organic carbon is converted to methane by anaerobic bacteria under controlled conditions of temperature and pH. • Ventilation Systems for Enclosed Structures: There are two odor control options for enclosed structures. The ventilation system for the building can collect the air and direct it to an odor treatment system. Alternatively, the ventilation system can dilute the odors by moving a large volume of fresh outside air through the building. Facts in Support of the Findings: Compliance with the SCAQMD rules, including Rule 402, will ensure that odor impacts are controlled. The Nutrient Management Plan prepared for the project will incorporate appropriate measures, including frequent removal of manure, to adequately address odors. In addition, the equestrian center must comply with the Section 9-3.515 of the San Juan Capistrano Municipal Code, which stipulate requirements for operation and maintenance will also ensure that odors will be minimized. Incorporation of these and related features will reduce potential odors impacts to a less than significant level. Exhibit r4 Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 17 D. NOISE 1. IMPACT Short -Term impacts: Because of the extended duration of construction activities and intensity of noise produced from heavy construction equipment at some of the noise sensitive uses, construction noise is considered to contribute substantially to the ambient noise environment. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. SC 4.4-1 In accordance_ with the San Juan Capistrano Municipal Code, construction shall be restricted to between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:30 a.m. to 4:30 p.m. Saturdays. No construction shall occur at any time on Sundays or on federal holidays. These days and hours shall also apply any servicing of equipment and to the delivery of materials to or from the site. SC 4.4-2 Construction activity which includes the delivery and/or recovery of materials, supplies, or construction equipment shall be conducted in accordance with City of San Juan Capistrano Municipal Code, Title 8, Chapter 2, Section 8-2.04, Permitted Hours of Construction Operation as follows: Monday through Friday from 7:00 a.m. to 6:00 p.m. and on Saturday from 8:30 a.m. to 4:30 p.m. Hauling soil to or from the site, or from one part of the project site to another, shall comply with San Juan Capistrano Municipal Code Section 8-3.13, Import or Export as follows: The loading and transportation of earth from or to the site shall be accomplished between 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work hours may be extended up to 4:30 p.m. only with the prior approval of the Building Official. Such approval shall be based upon the consideration of the haul routes, noise and dust factors, proximity to residences, and similar criteria. No earth loading or transportation shall be permitted on Sundays or on Federal holidays. MM 4.4-1a The construction contractor shall properly maintain and tune all construction equipment to minimize noise emissions. The contractor shall maintain all equipment maintenance records (originals or copies) on-site during construction and shall allow inspection of those records by authorized City staff including Community Development Department staff or Public Works Department staff when so requested. MM 4.4-1b The construction contractor shall assure that all equipment has been fitted with and maintains properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer to minimize noise emissions. Lack of or improperly maintained mufflers, silencers, and/or shrouds on construction equipment may constitute a violation subject to administrative citation pursuant to Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 18 Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. MM 4.4-1c The construction contractor shad locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from noise -sensitive receptors as is feasible, but at least 100 feet from existing noise -sensitive residential land uses. In any case where such stationary noise sources cannot be situate at least 100 feet from existing noise -sensitive residential land uses, such equipment shall be provided with a temporary noise barrier subject to approval by the City's building/grading inspector. Violations of this provision may be subject to administrative citation pursuant to Chapter 7, Administrative Citations of Title 1 of the San Juan Capistrano Municipal Code. Facts in Support of the Finding: Although short-term noise impacts would be associated with the site preparation, grading, and erection of buildings on site during construction of the proposed project, construction -related short-term noise levels would be higher than existing ambient noise levels in the project area, however, these temporary impacts would cease once construction of the project is completed. In order to ensure that the higher noise levels, which may be intrusive to adjacent development, are further minimized, additional techniques have been identified to be incorporated into the construction activities and use of the construction equipment. All significant environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable impacts will remain after implementation of the required mitigation measures. 2. IMPACT Long -Term Impacts: Potential noise associated with activities occurring in the equestrian facility could result in noise levels that exceed exterior noise standards in residential areas within San Juan Meadows. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. MM 4.4-2a Onsite residential uses affected by equestrian arena event noise shall have masonry walls constructed of 6 feet in height. These masonry walls shall not have decorative perforations (i.e., holes that allow transmission of noise) within the wall. The locations of the walls shall be included on all building permit plans. MM 4.4-2b Prospective home buyers shall be provided with a real estate disclosure notifying them in writing that equestrian arena noise may exceed the City's exterior noise limits between the hours of 7:00 p.m. to 10:00 p.m.. The project applicant shall be required to demonstrate that home buyers are notified to the satisfaction of the Community Development Director. The Conditions, Covenants & Restrictions (CC&Rs) shall include provisions requiring such a disclosure by all persons selling or otherwise transferring interest in residential homes/lots within the San Juan Meadows portion of the project. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 19 MM 4.4-2c Equestrian events shall be prohibited between the hours of 10:00 p.m. to 7,00 a.m. Prior to the issuance of certificates of occupancy, the project applicant shall submit evidence to the satisfaction of the Community Development Director that the restricted hours of operation have been included in the equestrian arena's business operation plan which shall be made part of the conditions of approval for any Conditional Use Permit (CIDP) issued for the operation of commercial equestrian uses. The restriction on hours shall also be made known to the public through means such as posting the hours in visible areas on-site and posting the hours on the relevant business website in the event the business creates a website. MM 4.4-2d Equestrian events held between 7:00 p.m. and 10:00 p.m. shall be restricted to the use of the two westerly arenas. Facts in Support „of„the Finding: The mitigation measures identified above are intended to include design features that address future noise levels forecast to exceed the residential interior and exterior standards resulting from the operation of the equestrian arenas and related facilities. Implementation of the features identified above, including restricting the times that equestrian events can take place in the arenas, will be adequate to achieve the requisite interior and exterior noise levels prescribed by the City for residential development. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Lonq-Term Impacts: Interior noise levels of the residential uses would range from 52 dBA CNEL at the proposed multiple -family uses and 47 dBA CNEL at the proposed single family residences closest to the 1-5 Freeway and would therefore exceed State's interior noise level limit of 45 dBA CNEL Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. MM 4.4-3 Prior to the approval of final building plans for the San Juan Meadows residential component, the.applicant shall prepare an acoustic study that demonstrates that the exterior noise level at sensitive residential outdoor areas (i.e., backyards) shall not exceed 65 dBA CNEL and interior noise levels in habitable rooms (residential and offices) shall not exceed 45 dBA CNEL, as defined by the California Building Code. Balconies on multifamily residential units are exempt from the City's 65 dBA CNEL noise compatibility standards. In addition, sleep disturbance by passing heavy duty trucks would also need to be addressed. Acoustical design features incorporated into the proposed project design, which may include exterior features to reduce noise, such as berms/walls or architectural features such as Sound Transmission Class rated windows and doors shall be shown on all building plans and shall be incorporated into construction of the proposed project. This conclusion shall be Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 20 demonstrated through submission of an acoustics study prepared by a qualified consultant. Facts confirminthatpthen riof theand The acoustical study identified above is in to d exterior noise levels do not exceed standards prescribed by the City of San Juan Capistrano. If determined necessary, implementation of the features identified above (e.g., berms/walls, sound -rated windows, etc.) will be adequate to achieve the requisite interior and exterior noise levels prescribed by the City for residential development. All environmental effects have been substantially lessened by virtue of the measures described above, No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. E. PUBLIC HEALTH AND SAFETY IMPACT Short -Term Impacts: The excavation and redisposal of trash proposed in the Final Closure Plan would result in the exposure of buried refuse and soils that could expose construction workers to potentially contaminated materials. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.5 of the EIR. SC 4.5-1 The City of San Juan Capistrano will require all plans for proposed uses within the project area to comply with all applicable Federal, State, and local regulations pertaining to the transport, storage, use and/or disposal of hazardous materials on the site. SC 4.5-2 Additional protection for homes and structures located within 1,000 feet of the landfill will be provided as required by Title 27, CCR, Section 21190 (G) (1-7) and Orange County Fire Authority (OCFA) Guidance C-03, Combustible Soil Gas Hazard Mitigation. All structures within 1,000 feet of the waste holding area will be designed with the following gas migration prevention measures: A geomembrane or equivalent with high gas impermeability installed between the slab and subgrade. A permeable layer of open graded material of clean aggregate with a minimum thickness of 12 inches installed between the geomembrane and subgrade or slab. A geotextile filter to prevent the introduction of fines into the permeable layer. Perforated venting pipes shall be installed within the permeable layer and designed to operate without clogging. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 21 The venting pipe will be constructed with the ability to be connected to an induced draft exhaust system. Installation of automatic methane gas sensors within the venting pipe/permeable gas layer and inside the building to trigger an audible alarm when methane gas concentrations are detected. SC 4.5-3 The Final Closure Plan for the Forster Canyon Landfill shall comply with the applicable regulations for landfill closure prescribed by the CIWMB, SCAQMI , RWQCB, and LEA, MM 4.5-1a Prior to the issuance of the grading permit, a site-specific Health and Safety Plan (HSP) will be developed to complement this Clean Closure Plan for site perimeter clean closure, once contractors who will perform the work are identified. The NSP will establish the policies and procedures which protect site personnel and the public from potential hazards posed by work at the Forster Canyon Landfill site. The HSP should discuss key personnel and management, hazards associated with the Forster Canyon Landfill site, requirements for personal protective equipment, decontamination procedures, emergency response protocols, and training requirements. It should also provide necessary health awareness information and forms for meetings, records, and reports. All project activities will be conducted in a manner that minimizes the probability of injury, accident or incident occurrence. All personnel, contractors, and visitors will be required to read and sign the HSP prior to admittance to the site during project activities. Based on the conditions encountered in the field, the NSP may be modified to accommodate revised requirements for the protection of the health and safety of the on- site personnel. Any changes to the HSP will be distributed to on-site personnel and involved parties. MM 4.5-1 b Once all refuse materials are removed from the landfill during the clean closure phase, the underlying soils will be visually assessed for any potential impacts. If any discoloration, odor or stains are observed, these soils will be excavated until native materials are encountered. Because excavated materials will be re -deposited within the same site and will not be transported off-site, no sampling of excavated materials is proposed. However, confirmatory sampling of underlying native materials will be conducted in accordance with protocols provided in in the Clean Closure Plan. MM 4.5-1 c If testing of a particular sample results in the determination that any of the clean-up levels (discussed in the Clean Closure Plan) are exceeded, the soil around that particular sampling location will be excavated further and the underlyng soil re -sampled. If most or all samples are determined to contain constituents of concern above any of the established clean-up levels, more soil will be removed, and confirmatory sampling will be repeated. If additional excavation is found necessary, soil will be removed in one foot thick layers until unimpacted soils are encountered. Facts in Support of the Finding: Preparation of a Health and Safety Plan will prescribe specific procedures that must be followed during the excavation and redisposal process as well as during final closure of the landfill. In addition, adherence to and compliance Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 22 with the State and federal regulatory requirements for landfill closure will ensure that potential health impacts would be avoided during the closure process, All environmental effects have been substantially lessened by virtue of {he measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Short -Term Impacts: Final closure of the Forster Canyon Landfill could result in the potential for soil erosion associated with wind and water action. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.4, Section 4.5 of the EIR. MM 4.5-2a Water or other dust supressants will be provided for all operations to prevent dust nuisance at the site and along the access roads. (Water shall be made available at the site.) MM 4.5-2b All exposed refuse in the excavation area will be covered with clean soil whenever work is not actively in progress. MM 4.5-2c Excavation and loading of waste will not be conducted when sustained wind speed is greater than 15 mph or the wind speed immediately exceeds 25 mph, unless directed by the LEA, the SCAQMD or other regulatory agency. MM 4.5-2d During excavation, all working areas, excavated material, and unpaved roads shall be watered down until the surface is moist, and then maintained in a moist condition to eliminate dust emissions. Watering of the excavated material will be conducted in such a manner as to not generate any run-off. MM 4.5-2e To avoid potential run-off of surface drainage into the excavation area during the rainy season, sand bags will be placed around the excavation area in such a manner as to prevent water infiltration or divert flow. In addition to sand bags, two to three-foot high earthen berms will be constructed along the edge of the excavation area to prevent runoff into the excavated area. No excavation will take place during significant storm events that are capable of surface flow accumulation. MM 4.5-2f After loading of the waste material is complete, no material shall extend above the side or rear of the truck trailer that is hauling the excavated material. If it is determined that a load has to leave the site, it will be covered with a tarp. MM 4.5-2g The waste will be removed from the working face of the excavation in a manner to eliminate dust emissions during transport. Care shall be given to not drop waste materials on parts of the property not being used for waste re -disposal. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 23 MM 4:5-2h Operations will not be conducted on days when the SCAQMD forecasts second or third stage smog episodes for Area No. 21 (Capistrano Valley), or when companies in Area No. 21 are required to implement second or ......... it stage smog episode plaris MM 4.5-2i At the end of the workday, the excavation workface will be covered with clean soil cover and watered in such a manner as to prevent dust nuisance but not to create run-off. MM 4.5-2j If suspected hazardous materials are discovered, involved parties will be notified immediately. Upon notification and coordination with the SDRWQCB, the CIWMB, the LEA and the SCAQMD, suspected hazardous materials will be sampled and submitted for analytical testing to a state -certified laboratory. Should waste characterization confirm hazardous nature of excavated materials, they will be disposed of in accordance with state and federal hazardous waste laws_ Facts in Support of the Finding: Measures have been prescribed that are intended to minimize soil erosion and adverse effects associated with landfill closure, including contributing the smog episodes. The potential for wind and water erosion during the final closure process will be adequately addressed through adherence with AQMD rules related to minimizing/suppressing dust emissions by spraying and suspending operations during windy conditions. Also, proper disposal of potentially hazardous materials that may be encountered during the closure of the landfill will avoid human exposure to such health hazards, thereby minimizing the potential adverse effects. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. F. DRAINAGE AND HYDROLOGY IMPACT Short- and Long -Term Impacts: Although the hydrology analysis conducted for the proposed project revealed that there is an increase in total surface runoff resulting from project implementation, impacts to the existing storm drainage systems and San Juan Creek will be minimized by the implementation of the proposed stormwater detention systems in each project component, which will ensure that post -development peak surface flows will be reduced to pre -development flow rates. All of the proposed development (i.e., structures) is proposed to be located outside of the San Juan Creek floodplain as delineated on the current FEMA flood insurance rate map. The incorporation of BMPs prescribed in the WQMP will reduce potential pollutants that enter the surface flows as a result of project implementation to the "maximum extent practicable," as required by the Regional Water Quality Control Board. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.6 of the EIR. SC 4.6-1 Prior to issuance of a grading permit, the project applicant shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future Exhibit A Statement of Findings and Facts Distdto La Novia/San Juan Meadows Project Page 24 projects under the General Construction Activity Storm Water Runoff Permit prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. SC 4.6-2 Prior to Planning Commission approval, the project applicant shall prepare a Water Quality Management Plan (WQMP) for the project and submit the WQMP to the City of San Juan Capistrano for approval. The WQMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable pollutant runoff, including flow/volume-based measures to treat the "first flush." The WQMP shall identify at a minimum the routine structural and non-structural measures specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long- term maintenance responsibilities, and shall reference the locations of structural BMPs SC 4.6-3 Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will establish BMPs in order to reduce sedimentation and erosion and prevent construction pollutants from leaving the site. The project shall also incorporate all monitoring elements as required in the General Construction Permit. The project applicant shall also develop an erosion and sediment control plan to be reviewed and approved by the City of San Juan Capistrano prior to issuance of grading permit. SC 4.6-4 Future site grading and construction shall comply with the drainage controls imposed by the applicable building code requirements prescribed by the City of San Juan Capistrano. Facts in Support of the Finding: Although project implementation is not anticipated to result in significant impacts to drainage and hydrology and water quality, the incorporation of the standard conditions will effectively avoid such potential impacts thorough the integration of specific measures intended to reduce surface flows/discharges and pollutant discharges into San Juan Creek. In addition, the proposed project will be designed to be consistent with the goals and objectives articulated in the San Juan Capistrano General Plan and requirements of the California Regional Water Quality Control Board. Therefore, no potentially significant impacts will occur as a result of project implement. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. G. BIOLOGICAL. RESOURCES IMPACT Short -Term Impacts: Project construction activities do have potential to result in significant indirect impacts to several species. These impacts include those associated with the increase in noise levels that result from the use of construction equipment. During construction, temporary noise impacts have some potential to affect foraging, nesting, roosting, and denning activities for wildlife. In addition dust generated during the grading Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 25 and construction phases could also adversely impact habitats and species residing within them. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. SC 4.779 In accordance with the Heritage Tree Provision of the City of San Juan Capistrano, the project applicant shall obtain a tree removal permit for each tree specified by the City that will be removed from the site that exceeds thirty-six inches (36") in diameter at breast height ([SBH). SC 4.7-2 The project applicant shall retain the services of a qualified ornithologist to conduct a survey of the construction zone, if any of the phased construction activities (grubbing, grading, tree trimming or removal) are to occur during the breeding season for native birds (approximately February 1 through August 31). The ornithological survey shall occur not more than seven days prior to the initiation of those construction activities. If the ornithologist detects any occupied nests of native birds within the construction zone, they shall be mapped on construction plans and the project applicant will conspicuously flag off the area(s) supporting bird nests, providing a minimum buffer of 200 feet between the nest and limits of construction. (This buffer zone shall be at least 500 feet for raptors until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the project.) The construction crew will be instructed to avoid any activities in the zone until the bird nest(s) is/are no longer occupied, per a subsequent survey by the qualified ornithologist. Alternatively, the project applicant will consult as appropriate with the USFWS to discuss the potential loss of nests of native birds covered by the MBTA to obtain the appropriate permit from the USFWS. Facts in Support of the Finding: The measures identified above are designed to ensure that potential impacts to heritage trees and sensitive avian species during the construction phases are avoided or reduced to a less than significant level. Each of the standard conditions is intended to avoid significant impacts to those important biological resources. Therefore, no potentially significant impacts will occur as a result of project implement. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 2. IMPACT Long -Term lmacts: Project implementation will result in the loss of approximately 1025 acres of scrub habitat that currently exists on the site (e.g., buckwheat scrub, sagebrush scrub coyote brush scrub and mule fat scrub) and supports the federally threatened coastal California gnatcatcher. It is anticipated that at least two pairs of gnatcatchers would be displaced as a result of project implementation. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 26 effects on the environment as summarized above and described in detail in Chapter 4.0, Section 43 of the EIR. MM 4.7-1a The project applicant shall mitigate the loss of 10.25 acres of occupied scrub habitat in accordance with the ratio prescribed by the U.S. f=ish and Wildlife Service. Mitigation shall include enhancement or creation of "in- kind" habitat within designated critical habitat, adjacent to the project site or within the same watershed, as determined appropriate by the resource agency. MM 47-1b Prior to the issuance of a grading permit, the project applicant shall erect temporary fencing to demarcate environmentally sensitive in order to avoid those areas during grading and construction. In addition, permanent fencing and signage shall be erected to demarcate the adjacent -owned biological open space. In addition, MM 4.7-1c If project -related activities and vegetation removal is to commence during the coastal California gnatcatcher breeding season (February 1 through August 31), a nesting survey shall be performed to locate any nests that may exist on the site. MM 4.7-1d No activity shall be permitted during construction within 200 feet of any active nest, nesting territory and/or adjacent habitat unless measures are implemented to minimize the noise and disturbance. MM 4.7-1 e Measures shall be taken to minimize construction noise to a level below ambient noise levels in adjacent habitat (i.e., 65 di3A or less). The 200 -foot buffer may be removed after a qualified biologist has determined that the young have fledged or that the nest is no longer occupied. MM 4,7-1f If vegetation clearing is to commence outside of the coastal California gnatcatcher breeding season, a biologist shall be on-site to monitor all such activities. Facts in -..Support of the Finding,: As a result of project implementation, the existing conditions would be modified to accommodate the proposed mixed-use development. However, implementation of the mitigation measures will ensure that there is no net loss of sensitive coastal sage scrub habitat and the project's effects on the coastal California gnatcatcher will be minimized. As a result, no significant impacts are anticipated with the implementation of these mitigation measures and standard conditions identified for Impact 1 (i.e., short-term/construction) impacts. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 3. IMPACT Long -Term Impacts: Project implementation may result in potential impacts to up to three special status plants, including the thread -leaved brodiaea, many -stemmed dudleya, and intermediate Mariposa lily. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 27 effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. MM 4.7-2 A qualified botanist with expertise with thread -leaved brodiaea, many - stemmed dudleya, and intermediate Mariposa lily shall perform focused spring surveys prior to site disturbance to determine presence/absence. If any of these species are found during the spring survey, and it is determined by a qualified botanist that removal of the local population as a result of project implementation would pose a significant impact to the species on a. regional level, they shall be mitigated at a ratio determined to be acceptable by the U.S. Fish and Wildlife Service for the thread -leaved brodiaea and California Department of Fish and Game for the many - stemmed dudleya and intermediate Mariposa lily. Facts in Support of the Finding: By conducting a spring survey, it will be possible to determine the existence of the Mariposa lily on the subject property and, if necessary, to implement appropriate measures to avoid adverse effects resulting from the proposed project. Creation of "in kind" habitat that may be impacted will ensure that no long-term loss of this sensitive plant species will occur. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 4. IMPACT Long -Term Impacts: Project implementation will result in potential impacts to Waters of the State, which are subject to CDFG jurisdiction and Waters of the U.S., which are subject to the U.S. Army Corps of Engineers jurisdiction. These impacts to Waters of the State and U.S. would occur as a result of grading and landform alteration anticipated to occur within the limits of the three ephemeral water courses on the San Juan Meadows site. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. MM 4.7-3a Prior to issuance of the grading permit, the jurisdictional delineation shall be updated to reflect the changes that have occurred since the 2006 delineation as well as changes in the project parameters. MM 4.7-3b The applicant shall pay an in -lieu fee, subject to the approval of the CDFG and/or USFWS, and/or or provide on-site restoration or avoidance of designated "waters." The required ratio for restoration of impacts will be determined by the resource agencies. MM 4.7-3c Prior to issuance of a grading permit, the applicant shall obtain a Section 404 permit from the U.S. Army Corps of Engineers, a Streambed Alteration Agreement from CDFG, and a Section 401 Water Quality Certification from the San Diego Regional Water Quality Control Board. Facts in Support of„the Finding: If it is determined that project implementation will encroach into (jurisdictional) waters of the United States or California, the payment of in -lieu fees Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 28 and/or on-site restoration pursuant to the resource agencies' directives or redesign of the project to avoid the jurisdictional waters will ensure that no net loss will occur. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 5. IMPACT Long -Term lmpacts: Introduction of the equestrian use could result in an increase in brown -headed cowbirds, which could adversely impacts native species that may inhabit the site, including the coastal California gnatcatcher, southwestern willow flycatcher and other native species. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. MM 4.7-4 A brown -headed cowbird trapping program shall be implemented to reduce the incidence of the cowbird parasitism on the nests of native species, thereby increasing the reproductive success. The trapping program will commence the first spring following the establishment of the equestrian center. Minimum trapping efforts will require two traps to be placed at the project, which will be opened from April 1 through June 30 each year for a minimum of five years. Facts in Support of the Finding: Implementation of a cowbird trapping program will ensure that potential parasitism associated with this species will be substantially reduced and the effects on the coastal California gnatcatcher will not jeopardize its survival either on the subject property or in the surrounding area. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. H. CULTURAL RESOURCES Long --Term Impacts: Because the site is located in an area of the City that has been identified as archaeologically sensitive for both prehistoric and historic resources, development of the subject property could result in potential impacts to such resources that may be encountered. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.8 of the EIR. MM 4.8-1a Prior to issuance of a grading permit, the applicant shall submit to the Planning Department documentation that a qualified archaeologist has been retained to monitor site clearing, grading, and excavation activities, Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 29 stating the name, qualifications, and contact information for the archaeologist. MM 4.8-1b A qualified archaeologist (defined as an archaeologist on the list of Certified Archaeologists for Orange County) shall be retained by the applicant and shall be present at pre -construction meetings to advise construction contractors about the sensitive nature of cultural monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on - and off-site construction activities that result in grading, and/or excavating on or below the original ground surface (including during project -related off-site utility (natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should non -human cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities within the vicinity of the discovery until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. MM 4.8-1c In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. MM 4.8-1d 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 (including during project -related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). 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 coroner. Facts in Support of the Finding: As indicated above, the proposed redevelopment of the subject property would not adversely affect any existing cultural resources. The physical improvements occurring as a result of implementing the proposed mixed use project and closure of the Forster Canyon landfill would not directly affect any cultural and/or scientific resources or any historic or potentially historic structures. Proper on-site management during the site preparation and grading phase of development will include on-site monitoring and the implementation of appropriate collection in the event artifacts are encountered. As a result, potential impacts to cultural resources would be substantially reduced or eliminated. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 30 2. 3. IMPACT Long -Term. Impacts: Project implementation will result in the removal of the eucalyptus windrow associated with the Forster Ranch, which meet the criteria established for "heritage trees." Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.8 of the EIR. MM 4.8-2a Prior to the issuance of a grading permit, the applicant shall obtain a heritage tree removal permit, based on an affirmative finding that one or more of the following criteria are met as substantiated by evidence in the record: (1) the heritage tree proposed for removal is unsuitable for the planting area in that the area is too small to accommodate the height, diameter of trunk or canopy, or root zone of the heritage tree, or excessive trees exist on the site requiring thinning to maintain tree health; or (2) the tree has been determined by a Qualified Tree Expert to be unviable because it is dead or dying, diseased, infested, structurally unsound, unstable, overcrowded, or exhibits other characteristics which, in the opinion of the Qualified Tree Expert, cause a need for tree removal. In approving a heritage tree removal permit, the Planning Commission may add conditions of approval to ensure conformance with applicable provisions of the City's Municipal Code. MM 4.8-2b Every effort shall be made to modify the project to avoid the loss of any heritage trees. If avoidance is not possible, the applicant shall relocate the trees or replant trees if relocation is not possible as a "memorial" or "homage" windrow somewhere on the project site with a plaque that describes the original ranch/trees, and related features. In addition, documentation shall also be provided in a form acceptable to the City that provides the basis for the analysis and conditions necessary to approve the Tree Removal Permit. Facts in -Support of the Finding: Avoidance of the heritage trees will ensure that no impacts will occur and the historical importance established by the trees will not be compromised. As an alternative, in the event that avoidance is not feasible, removal of those trees designated as "heritage trees" will only be permitted if the appropriate criteria are met. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Long -Term Impacts: Paleontological resources, including fossil remains and associated scientific data, fossil sites, and fossiliferous rocks in the geological formations underlying the site could be adversely affected as a result of project implementation, which include site alteration activities (e.g., clearing and grubbing, excavation and grading, construction, etc.). Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 31 effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.8 of the EIR. MM 4.8-3a Prior to issuance of a grading permit, a qualified paleontologist (defined as a paleontologist on the List of Certified Paleontologists for Orange County) shall be retained by the project applicant and shall be present at pre - construction meetings to advise construction contractors about the potential occurrence of paleontological resources located on and/or in the vicinity of the project site, as well as monitoring requirements. MM 4.8-3b A qualified monitor (defined as an individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist, shall be on-site during construction activities that result in the grading and/or excavating of current surface material (including during project -related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements) to monitor for paleontological resources, Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities in the vicinity until the qualified paleontologist can determine if the resources are significant. Significant paleontological resources shall be recovered by the qualified paleontologist. MM 4.8-3c Collections of exposed fossils shall be made by the paleontologic supervisor and paleontologic field technician from the lithologic units of high paleontologic importance. All vertebrate and representative samples of mega invertebrate and plant fossils will be collected. Productive sites will be excavated and approximately 2,000 -pound rock samples will be collected to process for micro -vertebrate fossil remains. MM 4.8-3d During any earthmoving activities associated with development of the subject property, the paleontologic field technician will monitor according to the following monitoring schedule, which is based on the paleontologic importance of the rock unit underlying the area of effect: 1. none — 0% (0 days per week) 2. unknown — 40% (2 days per week) 3. low — 20 percent (1 day per week) 4. high — 60-100% (3 to 6 days per week) MM 4.8-3e If any significant large fossil remains are uncovered during earthmoving activities, the field technician will divert earthmoving equipment away from the site until the remains have been examined. If the remains are determined to be important, the field technician will remove them. If warranted, a sample of rock will be collected for processing. The technician will be equipped to allow for the rapid removal of fossil remains and/or matrix and, thus, reduce the potential for construction delays. MM 4.8-3f If significant fossil remains are observed and if safety restrictions permit, the construction contractor will allow the field technician to safely determine if the material is significant. At the field technician's discretion, the grading contractor may assist in the removal of the fossil remains and rock to reduce any delay in construction. Exhibit A Statement of Findings and Facts Distrito La Novra/San Juan Meadows Project Page 32 MM 4.8-3g Depending upon the paleontologic importance of the rock unit, the rock will be examined periodically for microfossils by wet or dry screening. If important fossil remains are found as a result of screening, samples of sufficient size to generate a representation of the organisms preserved will be collected and processed, if warranted, onsite or at a convenient location. MM 4.8-3h Fossils recovered from the field or by processing will be prepared, identified, and along with the accompanying field notes, maps, and photographs accessioned into the collections of a designated, accredited museum. MM 4.8-3i Prior to final inspection by the Planning Department, the applicant shall submit evidence that final reports for any historical, cultural, archaeological or paleontological resources recovered from the project site during grading or construction have been filed with the appropriate information repository. Reports shall include information on disposition of resources. Facts in Support. of the -finding: As indicated above, the physical improvements occurring as a result of implementing the proposed project would not directly affect any scientific resources or any historic or potentially historic structures. Proper on-site management during the site preparation and grading phase of development will include on-site monitoring and the implementation of appropriate collection in the event artifacts are encountered. As a result, potential impacts to scientific resources would be substantially reduced or eliminated. All environmental effects have been substantially described above. No significant, unavoidable implementation of the required mitigation measures. SOILS AND GEOLOGY IMPACT lessened by virtue of the measures adverse impact will remain after Long -Term Impacts: Implementation of the proposed project may result in settlement within the landfill associated with the excavation and relocation of refuse from one location to another within the landfill. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. SC 4.9-1 All activities associated with the implementation of the proposed residential and mixed-use development shall comply with the City's Excavation and Grading Ordinance. SC 4.9-2 The project shall comply with all applicable City Building Code requirements as well as those prescribed in the California Building Code (CBC). SC 4.9-3 Closure of the Foster Canyon Landfill shall be performed in accordance with applicable regulatory standards included in 27 CCR, Chapters 3 and 4 and 40 CFH Subpart F. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 33 MM 4.9-1 Prior to final closure of the Forster Canyon Landfill, if determined necessary based on subsequent observation/testing, soils determined to be subject to potential settlement shall be removed/mitigated/recompacted in accordance with applicable regulatory agency (e.g., LEA, CIWMB, and/or City of San Juan Capistrano) requirements. Facts in Support of the Finding: Incorporation of standard conditions and mitigation measures will reduce potential long-term impacts by ensuring that the site is properly graded and prepared for construction and the proposed structures are designed to withstand the effects of settlement associated with the final closure of the Forster Canyon Landfill. As a result, soils and geotechnical impacts will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. Long -Term Impacts: Project implementation will result in the exposure of surface soils and those underlying the site to potential erosion during the excavation and grading phase prior to development of the site, Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4,0, Section 4.9 of the EIR. MM 4.9-2a Prior to the issuance of any grading permit, the applicant shall prepare an Erosion Control Plan, which shall be approved by the City Engineer or his designee. MM 4.9-2b Prior to the issuance of any grading permit, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that identifies specific construction and operational BMPs, which shall be approved by the City Engineer. Facts in Support of the..B : Incorporation of the mitigation measures will reduce potential long-term impacts by limiting the areas exposed to the elements causing erosion as well as other techniques intended to minimize erosion through compliance with existing codes and ordinances and through the BMPs that will be prescribed in the SWPPP prepared for the proposed project. As a result, potential adverse soils impacts will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Long -Term Impacts: The proposed resident and mixed-use development will likely be subjected to moderate to strong seismic ground shaking during its design. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 34 Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. MM 4.9-3 Prior to issuance of the grading permit, the applicant shall prepare and submit a detailed grading plan prepared by a licensed geotechnical engineer. The proposed structures shall be designed based on applicable geotechnical parameters prescribed in the report for foundation design as well as those established by the California Building Code and applicable regulations. Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from ground shaking associated with seismic events by limiting the areas exposed to adverse soils conditions as well as other techniques intended to minimize such adverse conditions through compliance with the parameters prescribed in the geotechnical report. As a result, potential adverse impacts to structures resulting from ground shaking as well as soils impacts will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 4. IMPACT Long -Term Impacts: The major geotechnical constraint affecting the proposed development is the presence of loose unsuitable undocumented fill materials that exist in proposed development areas. These fill soils are not suitable for support of structures and improvements in their present condition and may result in excessive potential differential settlements across the proposed buildings due to the existence of loose compressible or otherwise variable materials. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. MM 4.9-4a Prior to issuance of the grading permit, a detailed investigation shall be undertaken to determine the extent of potentially compressible soils on the site. Where such compressible and/or alluvial/undocumented engineered soils are identified, they shall be removed and recompacted in accordance with the parameters prescribed in the detailed engineering report. MM 4.94b Grading activities shall be continuously monitored by a project geotechnical consultant. Such observations are essential to identify field conditions that differ from those identified during the subsurface investigation and adjust designs to actual field conditions encountered. Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from adverse soils conditions. These measures and other techniques prescribed in the soils report are intended to minimize such adverse Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 35 conditions through compliance with the parameters prescribed by the CBC and related regulatory agencies. As a result, potential adverse impacts to structures resulting from potentially adverse soil conditions will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 5. IMPACT Lonq-Term Impacts: The proposed residential structures may be subject to the moderate to highly expansive soils that exist on the site. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. MM 4.9-5 Geotechnical observation and laboratory testing shall be performed upon completion of the building subgrade to confirm the expansion characteristics of typical on-site soils beneath foundations. Such measures as post -tensioned slabs or specially -designed slabs in accordance with Chapter 18 of the CBC or other measures as determined may be utilized for the support of the proposed residential structures. Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from adverse soils conditions. These measures and other techniques prescribed in the soils report are intended to minimize such adverse conditions through compliance with the parameters prescribed by the CBC and related regulatory agencies. As a result, potential adverse impacts to structures resulting from potentially adverse soil conditions will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure PUBLIC SERVICES AND FACILITIES IMPACT Short -Term Impacts: There is a potential for vandalism, theft, trespassing and other related law enforcement impacts during the construction phases. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4. 10.1 of the El R, SC 4.10.1-1 The project applicant shall submit the site plan for review and approval by the Orange County Sheriffs Department/Police Services Department to ensure that it is designed in accordance with all applicable requirements of Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 36 the Police Service Department, including but not limited to parking, security, lighting, and access. MM 4.10.1-1 Prior to issuance of a grading permit, the project applicant shall prepare and submit a Construction Security Plan to the OCSD/Police Services Department for review and approval. The Construction Security Plan shall identify the provision of fencing, lighting and/or other measures (e.g., security patrols, etc.) that will be incorporated to minimize demands on law enforcement services. Facts in Support of the Finding: The Construction Security Plan, which will be reviewed by the OCSD/Police Services Department, will enable the OCSD to be cognizant of the construction activities taking place on the subject property, The provision of fencing, lighting and related security measures will facilitate the law enforcement agency in providing adequate protection to the property. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 2, IMPACT Short -Term Impacts: Potential lane and/or road closures necessitated during construction could result in increased emergency response times to the site. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.1 of the EIR. MM 4.10.1-2 The contractor shall notify the OCSD/Police Services Department in advance of any lane and/or roadway closures necessitated by construction activities. Written notification to the OCSD/Police Services Department shall identify the roadway location/segment and the duration of the closure. Facts in Support of the Finding: The staffing and manpower levels of the Orange County Sheriff Department are adequate to maintain the level of police services desired for the City. Implementation of the proposed project would not create additional demands for police protection because the project has been designed to address security and law enforcement concerns, including lane and/or roadway closures during construction, resulting in less than significant impacts. Response times will remain acceptable to provide an acceptable level of service to the project and the remainder of the City. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Lona -Term Impacts: Project implementation will contribute to the incremental demands for fire protection anti paramedic services provided by the OCFA. This incremental increase in demand for service could adversely affect the department's response time criteria. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 37 Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4,0, Section 4.10.2 of the FIR. SC 4.10,2-1 Prior to the issuance of any grading or building permits, the project plans shall be subject to review and approval by the Orange County l=ire Authority for compliance with all applicable OCFA standard conditions, including those for access, water supply and pressure, built-in fire protection systems, road grades and width, building materials, etc. SC 4.10.2-2 Prior to the Issuance of any building permit, the applicant shall submit and obtain the approval of the l=ire Chief for a combustible gas/methane assessment and mitigation plan. SC 4.10.2-3 Prior to the issuance of a grading permit, the applicant shall obtain approval from the Fire Chief for a precise fuel modification plan and program which shall be consistent with the OCFA-approved preliminary Fuel Modification Plan. The plan shall indicate the proposed means of modifying the vegetation to reduce the risk to structures. SC 4.10.24 Prior to the issuance of a grading permit, the developer shall have completed implementation of that portion of the approved fuel modification plan determined to be necessary by the OCFA before the introduction of any combustible materials into the project area. Approval shall be subject to'an on-site inspection by OCFA. SC 4.10.2-5 Prior to the issuance of any certificate of occupancy, the fuel modification plan shall be installed and completed consistent with the OCFA-approved preliminary Fuel Modification Plan. The CC&Rs or other approved documents shall contain provisions for the Homeowner's Association (HOA) and/or Property Owner's Association (POA) to maintain the fuel modification zones, including the removal of all dead and dying vegetation. The fuel modification zones shall be subject to periodic inspections as determined necessary by OCFA, SC 4.10.2-6 Prior to the issuance of a building permit, the applicant shall place a note on the fire master plan stating that all requirements for development and construction within a "Special Fire Protection Area/Very High fire Hazard Severity Zone," including increased street widths, Class A roof assemblies, etc., will be met, SC 4.10.2-7 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow -line to flow -line. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief, SC 4.10,2-8 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire -fighting purposes and all-weather fire protection access roads shall be Exhibit R Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 38 in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. SC 4.10-2.9 Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. SC 4.102-10 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. SC 4.102-11 Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage, including eight, stroke and colors of the lettering and its contrasting background, SC 4.102-12 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and a method of enforcement. SC 4.10.2-13 Prior to the issuance of any building permits, if applicable, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. SC 4.90.2-14 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fore flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. SC 4.10.2-15 Prior to the issuance of a building permit, a note shall be placed on the fire master plan stating that all structures exceeding 5,500 square feet (per amendment) and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. SC 4.10.2-16 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Prior to the issuance of a certificate of occupancy, this system shall be operations in a manner meeting the approval of the Fire Chief, MM 4.10.2-1 Prior to approval of any final subdivision map for the project, the developer shall enter into a Secured Fire Protection Agreement with the OCFA which shall specify the developer's pro rata fair share funding of capital improvements necessary to establish adequate fire protection facilities and equipment, and/or personnel. Said agreement shall be reached as early as possible in the planning process, preferably for each phase or land use sector of the project, rather than on a parcel -by -parcel basis. Exhibit A Statement of Findings and Pacts Distrito La Novia/San Juan Meadows Project Page 39 Facts in Orange County Fireuggori oft heFinding: As required by the City of San Juan Capistrano and the Authority, the applicant must submit the plans for review, resulting in revisions to facilitate emergency vehicles. The project must be designed in accordance with the applicable OCFA development standards for access, fire flow, etc., which will ensure that an adequate level of fire protection can be provided to the project without impacts to existing resources. All environmental effects have been substantially lessened byvirtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 4. IMPACT Long -Term Impacts: If not properly designed, the proposed project could affect both access by emergency equipment and personnel and adversely affect ability of the OCFA to adequately address fire protection within the proposed development. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in' detail in Chapter 4,0, Section 4.10.2 of the EIR. MM 4.10.2-2a All traffic signals on public access ways shall include the installation of optical pre-emption devices as required by OCFA. MM 4.10.2-2b All electrically operated gates necessary for emergency/fire access within the proposed project shall install emergency opening devices as approved by the Orange County Fire Authority, MM 4.10.2-2c As required by the California Fire Code (CFC), applicable structures shall have automatic fire sprinkler systems. MM 4.10.2-2d A supervised fire alarm system that complies with the requirements of the California Fire Code shall be included in the project design in an accessible location with an annunciator. MM 4.10.2-2e Access to and around structures shall meet OCFA and California Fire Code requirements. MM 4.10.2-2f A water supply system to supply fire hydrants and automatic fire sprinkler systems shall be incorporated into the project design as required by the San Juan Capistrano Utilities Department. Fire hydrant spacing is 300 feet between fire hydrants. MM 4.10-2.2g Turing radius and access in and around the project site and structures shall be designed to accommodate all OCFA fire/emergency vehicles and their weight. MM 4.2.10-2h All roadways that have medians shall not exceed 1,000 feet in length without a turnaround. If medians are planned greater than 1,000 feet, emergency turnaround access for heavy fire equipment shall be provided. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 40 5 L Facts in Support of the Finding: As required by the City of San Juan Capistrano and the Orange County Fire Authority, the applicant must submit the plans for review, resulting in revisions to facilitate emergency vehicles. The project must be designed in accordance with the applicable OCFA development standards for access, fire flow, etc., which will ensure that an adequate level of fire protection can be provided to the project without impacts to existing resources. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Long -Term Impacts: Although project implementation will result in the generation of school-age children, the District will require that the applicant(s) pay the development fees to avoid potentially significant impacts to school facilities. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.2 of the EIR. SC 4.12.3-1 Prior to building permit issuance, the applicant shall pay the applicable statutory developer fees in effect at the time of the building permit. The current developer fees $7.10/square foot for residential development ($3.55lsquare foot if the State has adequate school construction funds) and $0.47/square foot for commercial/office uses. Facts in Support of the Finding: As required by the City of Capistrano Unified School District, the applicant is subject to the payment of the statutory fees, which will offset potential impacts to existing and future school facilities. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. IMPACT Long -Term Impacts: Project implementation will generate 692 residents at buildout, resulting in a demand for approximately 3.5 acres of parks/recreation. The project proposes 4.0 acres of private Recreation/Open Space within the Distrito La Novia component. Although the specific uses have not been identified, the purpose and intent of this area is to provide for outdoor recreational facilities in accordance with the General Plan. The CDP prepared for the proposed project identifies outdoor recreation facilities (public and private), picnic areas, sports fields, and courts, tot lots, recreation and community centers, etc., as permitted uses within the land use district. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.2 of the EIR. SC 4.10.4.1 Prior to approval of each final map, the applicant/subdivider shall pay a park in -lieu fee in accordance with the provisions of Section 9-4.519, Exhibit A Statement of Findings and f=acts Distrito La Novia/San Juan Meadows Project Page 41 Parkland and Section 9-5.107, Parkland in -lieu fee of the Municipal Code for the lots in that final map. Facts in Support of the Finding: As required by the City of San Juan Capistrano, the applicant must pay the requisite park gees to offset the demand for public recreational facilities created by the project. The provision of 4.0 acres of public open space, combined with the payment of in -lieu fees, will be adequate to offset the demand created by the proposed project. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. K. UTILITIES IMPACT Long -Term Impacts: No significant sewer impacts are anticipated as a result of project implementation. Preparation of the sewer plan will ensure that the proposed sewer facilities will be designed to accommodate the proposed project. No mitigation measures are required. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.11 of the EI R. SC 4.11.1-1 Prior to issuance of the grading permit, the applicant shail prepare a sewer plan in accordance with City standards and submit the plan to the City's Utilities Department for review and approval. Facts in Support of the Finding: Project implementation will result in the development of a mixed-use development in the City. The increase in sewage generation associated with site development can be accommodated by existing collection and treatment facilities. The sewer plan will identify the manner in which sewer collection will be provided to the proposed project in the long-term. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. IMPACT Long -Term Impacts: Project implementation includes extensive landscaping that would create an additional demand for domestic water in the short terra until recycled water, which currently is not available to the subject property, can be made available to the subject property. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.11 of the EIR. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 42 SC 4.11.2-1 Prior to issuance of the grading permit, the applicant shall prepare a water supply plan for the proposed project (including water supply during construction) in accordance with City standards and submit the plan to the Director of the Utilities Department for review and approval. MM 4.11.2-1 Prior to the approval of the final map for the project, the applicant shall submit a public improvement plan that include provisions for extending recycled water service to the project site to meet all landscape irrigation needs for the proposed project. The design and construction of on-site recycled water service shall meet all applicable water standards. The applicant shall connect to the public recycled water service system at such time as it is available at the project boundaries. Facts in Support of the Finding: Project implementation will result in the development of a mixed-use project in the city. The increase in domestic water demand associated with site development can be accommodated by existing potable water supplies and facilities. The water plans will identify the manner in which sewer collection will be provided to the proposed project in the long-term. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 3. IMPACT Long -Term Impacts: No significant impacts to solid waste collection and/or landfill capacity are anticipated. The proposed project must comply with the provisions of the City's Source Reduction and Recycling Element. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.11 of the EIR. SC 4.11,3-1 The project applicant shall comply with the provisions of the Tri -Cities (San Juan Capistrano, Dana Point and San Clemente) Source Reduction and Recycling Element (SRRE) adopted by the City of San Juan Capistrano to reduce solid waste by 50 percent. Facts in Support of the Finding: Project implementation will result in the development of a mixed-use project in the City. The increase in solid waste associated with site development can be accommodated by existing landfill collection and disposal service and facilities, which have adequate capacity to serve the proposed project. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 43 L, AESTHETICS I M PACT Short -Terra Impacts: Construction staging areas, storage of equipment and supplies, and related activities occurring on the site during construction will contribute to a generally "disturbed' condition, which may be perceived as a potential visual impact. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.12 of the FIR. MM 4.12-1 Prior to issuance of a grading permit, the applicant/contractor shall prepare a Construction Staging Plan that identifies the location(s) of staging areas, including equipment and vehicle storage areas. These areas shall be located as far away from the existing view corridors as practical. In addition, the Construction Staging Plan shall also identify the manner in which the staging and equipment storage would be screened (e.g., temporary fencing, landscaping, berms, or a combination of these and other methods) subject to the approval of the Public Works Director, to ensure that the temporary visual impacts would be minimized within the viewshed. Facts in Support of the Finding: The provision of fencing, landscaping, berms, and/or related features to buffer the construction stating areas will be effective in minimizing the exposure of the construction equipment and related construction activities when viewed from the surrounding arterial roadways, which are view corridors. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 2, IMPACT Long -Term Impacts: The proposed retaining walls within the Distrito La Novia project along San Juan Creek Road, Valle Road, and La Novia Avenue could create a visual impact along the three scenic corridors. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.12 of the EER. SC 4.12.1 The proposed project shall comply with the goals, policies and standards of the San Juan Capistrano Architectural Design Guidelines and the Comprehensive Development Plan that promote "high-quality" urban design and aesthetic resource preservation through the City's design review process. SC 4.12-2 All street, signage, landscape, and parking lot lighting sources shall be shielded and oriented, or provided with baffled luminaires so as to prevent lighting overspill into adjacent or nearby properties in violation of the Title 9, Land Use Code, Section 9-3.529, Lighting standards. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 44 SC 4.12-3 Prior to issuance of building permits, lighting & photometric plan(s) shall be subject to City review and approval to assure that they comply with the City's lighting standards prescribed in Section 9.3-529 for permitted illumination within the parking areas and walkways as well as demonstrate that illumination does not create off-site light and glare, to the satisfaction of the Planning Director or their designee SC 4.12-4 Site shall not result in excessive illumination based on the luminance recommendations of the Illuminating Engineering Society (IES) of North America., Prior to issuance of any building permit for exterior lighting, the applicant shall prepare a photometric study in conjunction with final lighting plans for approval by the City's Project Planner. MM 4.12-2 Prior to issuance of a grading permit, the applicant shall submit detailed grading and landscape designs to the City that illustrate the character of the walls and the specific landscape material. The proposed walls shall be "plantable." In addition, where determined appropriate by the City, mature landscape materials shall be incorporated into the perimeter design to ensure that the aesthetic character of the scenic corridors is consistent with the City's design guidelines. Pacts in Support of the Finding: The incorporation of the standard conditions and mitigation measure will effectively address the visual and aesthetic character of the area, particularly the retaining walls necessitated by project implementation. Landscaping incorporated into the retaining walls will soften the rigid structural elements and create an aesthetically compatible character along the scenic corridors. Therefore, no potentially significant impacts will occur as a result of project implement. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. IMPACT Long -Term Impacts: The width of the landscape area along La Novia Avenue, which may result in inadequate screening of the proposed access road, parking and structures, creates a potential visual impact. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.12 of the EIR, MM 4.12-3 Prior to issuance of the grading permit, the applicant shall submit a landscape plan to the City for review and approval. The landscape plan shall include a landscape buffer along the north side of La Novia Avenue that provides adequate screening to enhance views to the site. Facts in Support of the Finding: The landscape plan required to be prepared will address the aesthetic character of the La Novia Avenue corridor and will incorporate appropriate landscape materials and setbacks to ensure that the character is compatible with that desired by the City as articulated in the Design Guidelines. Therefore, no potentially significant impacts will occur as a result of project implement. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 45 All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. V. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT 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 most of the basic objectives of the project and to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the "... discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." The proposed project has been compared to several "feasible" alternative development scenarios, including the No Project alternative as prescribed by CEQA. These alternatives include: (1) No Project (Existing General Pian); (2) Reduced Intensity Development (Reduction in Distrito La Novia non- residential FAR from 0.40 to 0.25); (3) Alternative Design No. 1 (Reduction in Commercial FAR in Distrito La Novia/Elimination of the Commercial Equestrian Area in San Juan Meadows; and () Alternative Design No. 2 (Elimination of the Commercial Equestrian Center/Large Estate Lot Residential in San Juan Meadows). The analysis contained within the EIR concludes that the proposed project will result in long-term project - specific significant unavoidable adverse air quality impacts that cannot be mitigated to a less than significant level. However, the potential impacts of the proposed project itself have not been found to significantly impact any sensitive environmental resource that might be avoided by development at another location. The following discussion summarizes the potential environmental consequences and highlights the comparative merits associated with each alternative identified as "potentially feasible" and analyzed in the EIR as well as the "No Project" alternative. A. NO PROJECT ALTERNATIVE (EXISTING GENERAL PLAN) The "No Project" alternative would result in development of the proposed project as currently approved by the City of San Juan Capistrano. The 18.7 -acre Distrito site would be developed with the 300 -room EI Parador Hotel and conference center (e.g., convention/banquet facilities, restaurant and coffee shop, small retail shops incidental to the hotel, and support services such as administrative offices, laundries, etc.) in accordance with Precise Plan 82-01. Development of the 134.5 -acre San Juan Meadows site would include 275 single-family detached (SFD) homes and 165 senior affordable apartments, consistent with the approved Mesa component of the Forster Canyon Planned Community. The Final Closure Plan for the Forster Canyon Landfill would also be implemented with the No Project alternative. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with the No Project alternative are similar to those anticipated to occur as a result of the proposed project, particularly those related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities; etc. Although potential traffic and air quality impacts would be reduced with in the alternative development scenario, the impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project. In addition, air quality impacts would remain significant an unavoidable and require the adoption of a Statement of Overriding Considerations, F471 IU If WT Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 46 Findings Ability to Achieve Project Objectives While several project objectives would be achieved with the No Project alternative (e.g., develop the site consistent with the goals and policies of the City's General Plan; provide for the final closure of the Forster Canyon Landfill, implement contour grading, etc.), some of the applicant's goals would not be achieved, including: creation of a mixed use development to provide residents with shopping, dining, recreation, employment, etc.; create an equestrian community and equestrian facilities; development of the site at a reduced intensity compared to the adopted plans; etc.). Elimination/Reduction of Significant Impacts Implementation of the No Project alternative would result in the reduction of some impacts, including reduced traffic generation (although it is anticipated that no significant impacts would be eliminated), noise associated with the equestrian facilities (the significant impact would be eliminated), and long-term air quality (although air quality impacts are less than significant). It is also possible that some aesthetic impacts created by the proposed retaining walls could also be avoided with the No Project alternative. Other potential impacts would be similar to the proposed project (e.g., soils and geology, cultural resources, biological resources, etc.), based on the anticipated development footprint, which would be generally the same as the proposed project. Comparative Merits Although the No Project alternative would result in some reduced impacts, one potentially significant impact would be avoided (i.e., the noise impact associated with an equestrian use). However, while this project alternative may be considered "environmentally superior" to the proposed project, it would not achieve several of the City and applicant's project objectives, as identified above. Findings:. The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the No Development alternative identified in the DEIR and FEIR infeasible. Facts in Support of the Findings: The subject property has been vacant for since the adoption of CDP 81-1, Implementation of the No Project Alternative would not result in the elimination or substantial reduction of the potentially significant traffic and air quality impacts when compared to the proposed project. B. REDUCED INTENSITY ALTERNATIVE This alternative would reduce the proposed intensity of commercial development and office development from an FAR of 0.40 to a maximum FAR of 0.25, resulting in the development of 42,625 gross square feet (gsf) of commercial development and 17,190 gsf of office development. The San Juan Meadows portion of the project would be developed in accordance with the proposed project (i.e., 94 single-family residential dwelling units and a 775 -horse equestrian facility and related amenities). The Final Closure Plan for the Forster Canyon Landfill would also be implemented with the Reduced Intensity alternative. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with the Reduced Intensity alternative are similar to those anticipated to occur as a result of the proposed project, particularly those related to public health and safety, drainage Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 47 and hydrology, cultural resources, public services and facilities, utilities, etc. As indicated above for the No Project alternative, potential traffic and air quality impacts from this alternative would also be reduced; however, the impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project. in addition, air quality impacts would remain significant an unavoidable and require the adoption of a Statement of Overriding Considerations. Findings Ability to Achieve Project Objectives All of the project objectives could be achieved with the implementation of this alternative (e.g., provision affordable rental housing, comply with the City's goals and objectives for development of the site, provide significant equestrian use, expand open space, etc.). However, with the reduction in non-residential floor area, the number of jobs would be less than that resulting from the proposed project. In addition, the anticipated revenue generation by the project would be reduced accordingly. Elimination/Reduction of Significant Impacts Although some minor reductions may occur as a result of the reduced vehicle trips (e.g., mobile source emissions) and the potential to reduce the heights of some of the retaining walls on the Distrito La Novia component, the Reduced Intensity alternative would not result in a significant reduction in any of the potential project -related impacts. It is anticipated that the short-term NOx emissions would remain significant and unavoidable. Comparative Merits The Reduced Intensity alternative would be similar to the proposed project in terms of the number and extent of potentially significant adverse impacts. As indicated above, most of the goals and objectives could be achieved; however, the potential impacts would be similar to the proposed project. Finding: The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the Reduced Intensity Alternative identified in the DEIR and FEIR infeasible. Facts in Support of the Findings: The Reduced Intensity alternative, which includes a reduction in the commercial floor area, would not generate the additional revenue to the City, which would be utilized by the City to provide public services and related amenities desired by the City. In addition, this alternative would generate fewer jobs and employment opportunities in the City as reflected in the long-range goals and objectives articulated in the redevelopment plan. Therefore, this alternative would not be feasible for the project applicant. C+l�_�I�r;l�jail►/�L��[�I,l�iLaiJ This alternative design would eliminate the proposed commercial equestrian center and develop the entire 134.5 -acre San Juan Meadows portion of the "PC" (Planned Community), not including the area encompassing the Forster Canyon Landfill, with one-quarter acre residential lots. The 68.7 acres of total residential land area would have the potential to accommodate about 224 one-quarter acre lots. The Distrito La Novia portion of the project would be developed with reduced floor areas for the retail commercial and professional office as reflected in the Reduced Intensity Alternative (i.e., 42,625 gsf of commercial development and 17,196 gsf of office development). The total number of dwelling units in this alternative would be increased to 364, including 224 single-family homes in San Juan Meadows and 140 Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 48 attached and multiple'family homes in Distrito La Novia. The Final Closure Plan for the Forster Canyon Landfill would also be implemented with the Alternative Design No, 1. SUMMARY OF MAJOR ENVIRONMENTAL. EFFECTS Potential impacts associated with the Alternative Design (Alternative No. 1) are similar to those anticipated to occur as a result of the proposed project, including those related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc. Although potential traffic and air quality impacts would be reduced with in the alternative development scenario, the impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project. With the elimination of the commercial equestrian facilities, potential biological impacts, particularly impacts to habitat (i.e., coastal sage scrub and the coastal California gnatcatcher) would be substantially avoided. In addition, air quality impacts would remain significant an unavoidable and require the adoption of a Statement of Overriding Considerations. Findings Ability to Achieve project Objectives Most of the project objectives could be achieved with the implementation of this project (e.g., provision affordable rental housing, comply with the City's goals and objectives for development of the site, expand open space, etc.). However, the provision of equestrian use opportunities would not be achieved. Also, with the reduction in non-residential floor area, the number of jobs would be less than that resulting from the proposed project. Also, the anticipated revenue generation by the project would be reduced accordingly. Elimination/Reduction of Significant Impacts Although some minor reductions may occur as a result of the reduced vehicle trips (e.g., mobile source emissions) and the potential to reduce the heights of some of the retaining walls on the Distrito La Novia component, the Alternative Design No. 1 alternative would not result in a significant reduction in any of the potential project -related impacts. While overall average daily trip (ADT) would be significantly reduced, pm peak hour trips would increase about 25%, with a corresponding decrease in level of service (LOS). Under this alternative, short-term NOx emissions would remain significant and unavoidable, as with the proposed project. Comparative Merits The Alternative Design No. 1 alternative would be similar to the proposed project in terms of the number and extent of potentially significant adverse impacts. As indicated above, many of the stated goals and objectives could be achieved. However, the potential impacts would be similar to the proposed project. Finding: The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the Reduced Intensity Alternative identified in the DEIR and FEIR infeasible. Facts in Support of the Findings: The Alternative Design (Alternative Design No. 1) would eliminate the equestrian facility, which is an important component of the open space/recreation plan for the project and to the equestrian community within San Juan Capistrano. Also, as indicated for the Reduced Intensity alternative, this alternative would also eliminate a portion of the commercial floor area, which would resulting in reduced revenue to the City and generate fewer jobs and employment opportunities in the City resulting from the elimination of the equestrian facility. Therefore, this alternative would not be feasible for the project applicant. Exhibit A Statement of Findings and Facts Distrito Le Novia/San Juan Meadows Project Page 49 D. ALTERNATIVE DESIGN NO.2 This alternative design would eliminate the proposed commercial equestrian center and develop the entire 134.5 acre San Juan Meadows portion of the "PC" (Planned Community), not including the area encompassing the Forster Canyon Landfill, with one-quarter acre residential lots and one-half acre residential estate lots. Of the 68.7 acres of developable land area, 34.35 acres would be developed with about 112 one-quarter acre residential lots and 34.35 acres would be developed with about 56 one-half acre residential estate lots that would allow private equestrian facilities on individual lots. The Distrito La Novia portion of the project would be developed per the proposed project. This alternative would include a total of 308 dwelling units, including 140 single- and multiple -family units within the Distrito La Novia component and 168 single-family residential dwelling units within the San Juan Meadows component. The Final Closure Plan for the Forster Canyon Landfill would also be implemented with the Alternative Design No. 2. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with the Alternative Design (Alternative No. 2) are similar to those anticipated to occur as a result of the proposed project, including those related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc. Although potential traffic and air quality impacts would be reduced with in the alternative development scenario, the impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project. As indicated above for Alternative Design No. 1, this alternative will also substantially reduce potential impacts to biological resources (i.e., coastal sage scrub habitat and the coastal California gnatcatcher). However, air quality impacts would remain significant an unavoidable and require the adoption of a Statement of Overriding Considerations, Findings Ability to Achieve Project Objectives Most of the project objectives could be achieved with the implementation of this alternative (e.g., provision affordable rental housing, comply with the City's goals and objectives for development of the site, expand open space, etc.). While the provision of equestrian use opportunities would be achieved, it would be done so through private individual lots as opposed to commercial centers. Elimination/Reduction of Significant Impacts Although some reductions may occur as a result of the reduced vehicle trips (e,g., mobile source emissions), the Alternative Design No. 2 alternative would not result in a significant reduction in any of the potential project -related traffic impacts. This alternative would potentially reduce impacts to the Coastal California Gnatcatcher (Poliop ila califomica californica) through the elimination of commercial equestrian uses, which can inadvertently support cowbird populations. This alternative would also result in less demands for utility services. However, under this alternative, short-term NOx emissions would remain significant and unavoidable, as with the proposed project. Comparative Merits The Alternative Design No. 2 alternative would be similar to the proposed project in terms of the number and extent of potentially significant adverse impacts. As indicated above, many of the stated goals and objectives could be achieved. However, the potential impacts would be similar to the proposed project but would be superior in terms of biological resource impacts. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 50 Fin! : The City Council finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the Reduced Intensity Alternative identified in the DEIR and FEIR infeasible. Facts in Support of ,the Findings: The Alternative Design (Alternative Design No. 2) would eliminate the equestrian facility, which is an important component of the open spacelrecreation plan for the project and to the equestrian community within San Juan Capistrano. Also, fewer jobs and employment opportunities would be generated in the City resulting from the elimination of the equestrian facility. Therefore, this alternative would not be feasible for the project applicant. VI. GENERAL FINDINGS 1. The plans for the project have been prepared and analyzed so as to provide for public involvement in the planning and CEQA processes. 2. The degree that any impacts described in the EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effects of such impacts have been substantially lessened or avoided by the standard conditions and mitigation measures set forth in the Final EIR. 3. Comments regarding the Draft EIR received during the public review period have been adequately responded to in written Responses to Comments attached to the Final EIR. With the exception of Air Quality, any significant effects described in such comments were avoided or substantially lessened by the standard conditions mitigation measures described in the Draft EIR, 4. Potential air quality impacts will remain significant and unavoidable after implementation of the standard conditions and mitigation measures prescribed for the proposed project. Therefore, the City of San Juan Capistrano has adopted a Statement of Overriding Considerations (refer to Exhibit C). The analysis contained in the Draft EIR of the environmental effects and mitigation measures represent the independent judgment and analysis of the City of San Juan Capistrano. Exhibit A Statement of Findings and Facts Distrito La Novia/San Juan Meadows Project Page 51 EXHIBIT "B" STATEMENT OF OVERRIDING CONSIDERATIONS DISTRITO LA NOVIAISAN JUAN MEADOWS SAN JUAN CAPSTRANO, CA 1. INTRODUCTION The City of San Juan Capistrano ("City") is the mead Agency under CEQA for preparation, review and certification of the Final EIR for the project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093 which provides as follows: (1) 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." (2) When the lead agency approves a project which will result in the occurrence of significant effects which 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. The statement of overriding considerations shall be supported by substantial evidence in the record. (3) 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. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet most of the Project objectives and none are environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City of San Juan Capistrano, acting as Lead Agency, and having reviewed the Final EIR for the Distrito La Novia/San Juan Meadows project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. Ill. SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency, however, even with implementation of the measures, the City finds that the there is no assurance that the significant impact can be reduced to less than significant level because technological or other considerations make the mitigation measures infeasible. The potentially significant unavoidable adverse impacts are described below and were also addressed in the Findings. Air Quality MMs 4.3-1a and 4.3-1b will reduce PM,a emissions from project -related construction activities to a less than significant level (i.e., below the SCAQMD regional threshold) from a regional perspective. However, PM,p concentrations at local sensitive receptors would remain in exceedance of the SCAQMD significance threshold for localized PM,o concentrations from construction activities. Although NOx emissions during the construction activities would be reduced by approximately 29 percent, NOx emissions would continue to exceed the SCAQMD regional threshold and would, therefore, contribute substantially toward regional non -attainment of ozone standards. All significant environmental effects have been substantially lessened by virtue of the measures described above; however, construction -related NOx emissions and PM,a concentrations will remain significant and unavoidable, necessitating the adoption of a Statement of Overriding Considerations. 11-3 traQA 0 1:42b0 The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Distrito La Novia/San Juan Meadows project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project. Project implementation will create employment -generating opportunities for residents of San Juan Capistrano and the surrounding communities through the proposed commercial, office, and equestrian development which, based on Transportation Demand Management (TDM) employee generation factors, would directly create 386 jobs. 2. Site development would result in the generation of increased property taxes that would augment the City's fiscal base. The increase in property tax revenue would be available to continue to fund public services and facilities, including but not limited to police and Exhibit S, Statement of Overriding Considerations Distrito La Novia/San Juan Meadows Project Page 2 fire protection, parks and recreation, as well as unfunded planned improvements. In addition, the project would result in increased tax increment from property taxes on improvements situated within the Community Redevelopment Agency (RDA) planning area. 3. Additional commercial development will result in additional taxable sales that contribute to sales tax revenues that help fund public services and facilities, including but not limited to police and fire protection, parks and recreation, as well as unfunded planned improvements. 4. Closure or remediation of the Forster Canyon Landfill consistent with the San Diego Regional Water Quality Control Board (SDRWQCB)-approved Final Closure Plan or Remediation Plan will comply with the State's current, more stringent requirements in order to protect the public health and safety of future residents within the City of San Juan Capistrano. 5. Project implementation includes the provision of necessary public access easements and the construction of several planned multi -use trails, trail connections to existing improved trails, and related open space improvements (e.g., "trail overlooks") consistent with the long-range goals and objectives of the San Juan Capistrano General Plan Parks & Recreation Element. 6. The project will include the irrevocable offer of dedication for the planned 259S reservoir site which will facilitate implementation of the City's Domestic Water Master Plan. 7. The proposed project includes an affordable housing provision in the Affordable Housing Opportunities Program (AHOP) of the Comprehensive Development Plan, which will provide for the development of 27 new affordable dwelling units and enable the City of San Juan Capistrano to make progress in meeting its Regional Housing Needs Assessment responsibility for providing affordable housing with the City. 8. The project includes the dedication of 27.5 acres of permanent, privately -maintained natural open space, contiguous to the City -owned open space, which will supplement the City's inventory of permanent open space. 9. The project includes a 35.9 -acre recreational/equestrian facility that would accommodate up to 775 horses to complement the rural character of San Juan Capistrano and to meet the demand in the community for equestrian and recreational amenities consistent with the long-term goals and objectives of the General Plan Parks & Recreation Element. The City of San Juan Capistrano hereby finds that all feasible mitigation measures identified in the Final EIR have been and will be implemented with the Project, and that any significant unavoidable effects remaining are acceptable due to the above stated specific economic, social and other considerations, based upon the facts set forth above, in the Final EIR and in the public record of the consideration of this Project. 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