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Resolution Number 17-03-21-04RESOLUTION NO. 17-03-21-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEL OBISPO STREET WIDENING PROJECT (CIP16102) WHEREAS, the City's Capital Improvement Program represents an important mechanism for implementing the goals, policies, and recommendations of the General Plan, in particular the circulation, safety, parks and recreation, and growth management policies; and, WHEREAS, the City has established an administrative policy for developing a Capital Improvement Program, and the Capital Improvement Program Committee developed a draft Fiscal Year (FY) 2016-2023 Capital Improvement Program pursuant to the City's Capital Improvement Guidelines; and, WHEREAS, among other things, one of the major capital improvement projects in the draft FY 2016-2023 Capital Improvement Program included the Del Obispo Street Widening Project (CIP16102) (the "Project"); and, WHEREAS, the Del Obispo Street Widening Project (CIP16102) includes the widening of a portion of Del Obispo Street between Calle Aspero to Paseo de La Paz. Among other things, the project includes two through lanes in each direction, where in some sections there is only one, new sidewalk on the west side of the street, new bike lanes in both directions, new street lights, and the removal of up to six (6) trees on the northwest side of Del Obispo Street; and, WHEREAS, on June 21, 2016, the City Council approved the FY 2016-2023 Capital Improvement Program, including the Project; and, WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Project; and, WHEREAS, in accordance with State CEQA Guidelines section 15063 the City prepared an Initial Study to determine if the Project could have a significant effect on the environment; and, WHEREAS, based upon the information contained in the Initial Study, which concluded that the Project would not have a significant impact on the environment with mitigation incorporated, the City determined that a Mitigated Negative Declaration ("MND") should be prepared for the Project, and an MND was prepared pursuant to CEQA and the State CEQA Guidelines; and, 3/21/2017 :t. WHEREAS, in accordance with State CEQA Guidelines section 15072(b), a Notice of Intent to Adopt an MND was mailed to all organizations and individuals who previously requested such notice in writing, and notice was also by way of publication, posting, or direct mailing consistent with CEQA's requirements; and, WHEREAS, as required by State CEQA Guidelines section 15072(d), on November 23, 2016, the Notice of Intent to Adopt an MND was also posted by the Clerk for the County of Orange; and, WHEREAS, during the public comment period, copies of the MND and its technical appendices were available for review and inspection at City Hall and on the City's website; and, WHEREAS, pursuant to State CEQA Guidelines section 15073, the MND was circulated for at least a 30-day review period, from November 28, 2016 through January 9, 2017, during which the City did not receive comment letters ; and, WHEREAS, the MND prepared in connection with the Project sufficiently analyzes the feasible mitigation measures necessary to avoid or substantially lessen the Project's potentially significant environmental impacts; and, WHEREAS, on February 14, 2017, the Planning Commission conducted a duly- noticed public hearing where members of the public were afforded an opportunity to comment upon the Project and the MND, and at the conclusion of the hearing, the Planning Commission adopted a resolution recommending that the City Council adopt the MND and approve the related Mitigation and Monitoring Program; and, WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by reference. The findings are not based solely on the information provided in this Resolution; and, WHEREAS, the MND reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and, WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has been prepared for the Project, and is attached hereto as Exhibit "A"; and, WHEREAS, no comments made in the public hearing conducted by the city Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the Project under State CEQA Guidelines section 15073 .5. 2 3/21/2017 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Capistrano as follows: Section 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. Section 2. Compliance with the California Environmental Quality Act. The City Council has reviewed and considered the information contained in the MND, Initial Study, comments received, and other documents contained in the administrative record for the Project. The City Council finds that the MND , Initial Study and administrative record contain a complete and accurate reporting of the environmental impacts associated with the Project and that the MND and the Initial Study have been completed in compliance with CEQA and the State CEQA Guidelines. Section 3. Findings on Environmental Impacts. Based on the whole record before it, including the MND, Initial Study, the administrative record and all other written and oral evidence presented to the City Council, the City Council hereby finds that all environmental impacts of the Project are either less than significant or can be mitigated to less than significant levels pursuant to the mitigation measures outlined in the MND, the Initial Study and the MMRP. The City Council further finds that the MND contains a complete, objective and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City. Section 4. Adoption of MND and Approval of MMRP. The City Council of the City of San Juan Capistrano hereby adopts the Mitigated Negative Declaration for the Del Obispo Street Widening Project (CIP16102) and approves the Mitigation Monitoring and Reporting Program for the same , attached hereto as Exhibit "A". Section 5. Custodian of Records. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The City Clerk is the custodian of the record of proceedings. Section 6. Notice of Determination. The City Council hereby directs staff to prepare, execute, and file a CEQA Notice of Determination with the Orange County Clerk's Office and the State Office of Planning and Research within five (5) working days of the approval of this Resolution. Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. 3 3/21/2017 Section 8. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED this 21st day of March 2017 . 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. 17-03-21-04 was duly adopted by the City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the 21st day of March 017, by the following vote : OUNCIL MEMBERS: Reeve, Maryott, Farias and Mayor Ferguson OUNCIL MEMBERS: Patterson OUNCIL MEMBERS: None 4 3/21/2017 Exhibit "A" Mitigation Monitoring and Reporting Program (MMRP) 5 3/21/2017 EXHIBIT "A" MITIGATION MONITORING & REPORTING PROGRAM (MMRP) Rancho Mission Viejo Riding Park at San Juan Capistrano Water & Sanitary Sewer Facilities Project INTRODUCTION The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting Program (MMRP) in accordance wi th Public Resources Code (PRC) Section 21081 .6 and Section 15097 of the California Environmental Qual ity Act (CEQA) Guidelines. The purpose of the MMRP is to ensure that the proposed project complies with all applicable environmental mitigation and permit requirements . Mitigation measures for the project have been adopted by the City's approving body in conjunction with certification of a Mitigated Negative Declaration (MND). Those adopted mitigation measures are integrated into this MMRP. With in this document, approved mitigation measures are organized and referenced by subject category (e.g . Biological Resources, Hazards & Hazardous Materials). Each mitigation measure is provided with a numerical reference . This form also includ es information on the method and timing of verification and the responsible party that will ensure that each measure is implemented. For each project subject to the California Environmental Quality Act (CEQA), the Public Resources Code Section 21081.6 requires the Lead Agency to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The City is the designated lead agency for the M itigati on Monitoring & Reporting Program and is responsible for review of any monitoring reports , enforcement actions , and document disposition. ATTACHMENT 1 Page 4 of6 I )> ~ )> ""00 nl I ~~ CJ"Im 0 z -.-1 m~ NO. MITIGATION MEASURE Bioloaical Resources To ensure avoidance of impacts to sensitive resources and potential ju risdictional habitat associated with the tributary drainage area onsite , Alternative Alignment 8 for the Recycled Water Line shall be eliminated from BR-1 I the final project design. The Recycled Water Line shall be constructed using either Alternative Alignment A or C. Prior to any construction work, including staging of equipment or materials, the boundaries of the "Sensitive Resource Area" shall be clearly marked to ensure that no direct impacts occur to the native habitat or to jurisdictional BR-2 I resources . BR-3 If construction activities are scheduled to occur during the bird nesting season (February 1 through September 15), a qualified field biologist shall conduct a nesting survey no more than three days prior to the start of construction to determine presence. If the biologist finds any nesting birds within 300 feet of the limits of construction (or nesting raptors within 500 feet), the biologist shall clearly mark the location of the nest (with staking and flags) and, if warranted , identify feasible measures to avoid any potential adverse effects on nesting birds. Appropriate measures may include attenuating construction noise (through sound-dampening boards or other equipment) to a level of 60 dBA (as measured in the vicinity of the nest) or otherwise limiting disturbances within a certain distance of the nest until nesting is complete . If the level of 60 dBA cannot be achieved , or if the biological monitor otherwise considers it necessary to avoid potential impacts , the biological monitor shall be present during construction activities to ensure that nesting birds are not disturbed. The biolog ical monitor shall have authority to halt any construction activity determined to be potentially disturbing the nesting of any bird. Construction may continue when the monitor determines the activity can be carried out without disruption of nesti ng, or when the nest is determined to have fledged or failed. METHOD OF VERIACATION Plan Check & Construction Monitoring Plan Check & Construction Monitoring Plan Check & Construction Monitoring I TIMING OF VERIFICATION Prior to the start of construction Prior to the start of construction. Prior to the start of construction RESPONSIBLE Sl'AFF Development Services Department- Planning Division & Public Works DeQ_artment Development Services Department- Planning Division & Public Works Department Development Services Department- Planning Division & Building Division DATE COMPLETED &INITIAI.S tL ~ ... ~':-:.0 )> --i ~ "'0() m :::c ~s:: mm 0 z ---i m~ NO. MmGAnON MEASURE Prior to approval of final construction plans and specifications for the proposed pipeline, the City shall submit and will have secured U.S . Fish and Wildlife Service approval of a Biological Resources Conservation Plan BR-4 (BRCP) that ensures that construction activities for the proposed pipeline (and associated meter station and pressure reducing valve) are consistent with the goals and objectives of the Rancho Mission Viejo Habitat Conservation Plan . Hazards & Hazardous Materials Prior to any trenching or excavation, the City shall establish and mark the location of the Kinder Morgan pipeline in the vicinity of the proposed project. The use of mechanical construction excavation equipment shall not be HM-permitted within two feet of the alignments of the two Kinder Morgan pipelines 1 that traverse the site (as identified in Kinder Morgan, 2012). Any activities that disturb the ground surface within 10 feet of the alignments shall be monitored by a qualified representative, as determined by Kinder Morgan, of the owner or operator of the pipelines (Kinder Morgan). METHOD OF VERIFICAnDN USFWS Approval of Biological Resources Conservation Plan (BRCP) Plan Check-Permit Review & Field Monitoring DATE TIMING OF RESPONSIBLE COMPLETED VERIFICAnON STAFF & INITlALS Development Services Prior to the start of Department- construction. Building Division & Planning Division I Development I Services Department- Prior to start of Environmental I construction. Administrator and I Construction Inspector I