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Ordinance Number 1030ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78- 01 ESTABLISHED BY LAND USE CODE SECTION 9-3.315 PLANNED COMMUNITY TO ALLOW MEDICAL AND DENTAL USES AS A PERMITTED, PRINCIPAL USE (PROJECT NAME: ORTEGA COTTAGES) (PROJECT NUMBER: CA 15-004) (APPLICANT NAME: DUNBAR ORTEGA, LLC) Whereas, Dunbar Ortega, LLA, property owner, has requested approval of Code Amendment (CA) 15-004 to amend Sector "C" of the Ortega Planned Community Comprehensive Development Plan 78-01, established by Land Use Code Section 9- 3.315 Planned Community, to allow medical and dental uses as a permitted, principal use; Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; 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 and the City's Local CEQA Guidelines, the City prepared an Initial Study to determine if the project could have a significant effect on the environment; and Whereas, based on the information contained in the Initial Study, which concluded that the project would not have a significant impact on the environment, the Environmental Administrator has determined that a Negative Declaration should be prepared for the Project, and a Negative Declaration was prepared pursuant to CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines; and Whereas, as required by State CEQA Guidelines section 15072(d), on December 21 , 2015 , the Notice of Intent to Adopt the MND was posted by the Clerk for the County of Orange; and Whereas, during the public comment period, copies of the Negative Declaration were available for review and inspection at City Hall, and on the City's website; and Whereas, the City solicited Tribal input on the project from the Native American tribes identified by the Native American Heritage Commission (NAHC) to participate in consultation and the tribes who requested, in writing, that an agency inform it of proposed projects (in accordance with AB52) on December 11, 2015; and Whereas, pursuant to State CEQA Guidelines section 15073, the draft Initial Study and Negative Declaration were circulated for a 20-day review period from December 21, 2015, through January 18, 2016, during which the City did not receive any comment letters from any people or organizations; and Whereas, the City has prepared Errata to the Negative Declaration to clarify and amplify the project description. Specifically, the City added detail to the project description to clarify the exact parcels in Sector C that would be impacted by the proposed zone change. As described in detail in the Negative Declaration, the zone change would not impact all parcels, particularly those parcels for which the zoning designation is open space. The Errata to the Negative Declaration do not require recirculation under State CEQA Guidelines, section 15073.5; and Whereas, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the City's Local CEQA Guidelines have been satisfied by the City in connection with the preparation of the Negative Declaration, which is sufficiently detailed so that all of the potentially significant environmental effects of the project have been adequately evaluated; and Whereas, the Negative Declaration prepared in connection with the project sufficiently analyzes the project's potentially significant environmental impacts; and Whereas, the findings and conclusions made by the City Council in this Ordinance 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 this reference. The findings are not based solely on the information provided in this Ordinance; and Whereas, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the Initial Study, Negative Declaration, and all oral and written evidence presented to it during all meetings and hearings; and Whereas, the Negative Declaration, as modified, reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the project; and Whereas, no comments made in the public hearings conducted by the City Council, no additional information submitted to the Planning Commission or City Council, and none of the Errata, have produced substantial new information requiring substantial revisions that would trigger recirculation of the Negative Declaration or additional environmental review of the project under State CEQA Guidelines section 15073.5; and Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA), has considered all project environmental documentation; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on February 9, 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments; and Whereas, the City Council conducted a duly-noticed public hearing on March 15, 2016 pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public testimony on the proposed project and has considered all relevant public comments. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN 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 Ordinance. SECTION 2. CEQA. The City Council does hereby make the following findings with respect to the California Environmental Quality Act (CEQA) and the Negative Declaration, which is attached hereto and incorporated .herein by reference as Exhibit "8": 1. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City prepared an Initial Study pursuant to Section 15063 of the State CEQA Guidelines to evaluate the potential environmental impacts of the proposed Code Amendment. On December 21, 2015, the City's Environmental Administrator published a Notice of Intent to Adopt a Negative Declaration pursuant to Section 15070 of the CEQA Guidelines. On December 21, 2015, the Notice of Intent to Adopt a Negative Declaration and Initial Study were posted with the Orange County Clerk Recorder (Attachment 7). Due to the fact that the project is not a project of statewide, area wide or regional significance, state agency review was not required. As such, the draft Initial Study and Negative Declaration were circulated for public review for 20 days. Specifically, the Initial Study and Negative Declaration were publically circulated from December 21, 2015 to January 18, 2016; the additional days of circulation were added to account for the holidays. The City posted a Notice of Negative Declaration, pursuant to Section 15072 of the State CEQA Guidelines, at City Hall and on the City's website. The City received no comment letters on the proposed Negative Declaration. After the Negative Declaration was released for public review, but before the Planning Commission was asked to review the document, staff made a series of edits to the Negative Declaration to more precisely describe the nature of the zone change. Errata to the Negative Declaration have been prepared and are included in the Final Negative Declaration. The Errata show redline changes that were made to the Negative Declaration, after the public review period on the project closed, to clarify the precise location of the portions of Sector C that would be modified by the zone change. A lead agency is required to recirculate a negative declaration when the document must be "substantially revised" after public notice of its availability but prior to its adoption . (State CEQA Guidelines, § 15073.5(a).) Here, the minor modifications to the Negative Declaration do not require recirculation for two reasons. First, the Negative Declaration has not been substantially revised. A "substantial revision" includes: (1) where a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance; or (2) where the lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significant and new measures or revisions must be required. Here, recirculation is not required pursuant to State CEQA Guidelines section 15073.5(b) because: (1) the Negative Declaration, prior to modification, correctly determined that direct, indirect, and cumulative impacts of the proposed project would be less than significant or would have no environmental impact at all; (2) no new, significant effect has been identified since the Negative Declaration was made available for public review; and (3) no new mitigation measures or project revisions are required to reduce an effect to less than significant. As a result, the minor modifications incorporated into the project after public notice of the Negative Declaration's availability do not require recirculation of the Negative Declaration under State CEQA Guidelines section 15073.5(b). Second, the revisions to the Negative Declaration merely clarify and amplify the Negative Declaration. Pursuant to State CEQA Guidelines section 15073.5(c), recirculation is not required when: (1) mitigation measures are replaced with equal or more effective measures pursuant to State CEQA Guidelines section 1507 4.1; (2) new project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects; (3) measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects, and are not necessary to mitigate an avoidable significant effect; or (4) new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. Here, recirculation is not required pursuant to State CEQA Guidelines 15073.5(c) because: (1) the Errata do not make any changes to mitigation measures (the negative declaration showed that the project would not have any significant impacts that would require mitigation); (2) the Errata do not include any project revisions, new mitigation measures, or new conditions of approval that have been added in response to written or verbal comments on the project's effects identified in the proposed Negative Declaration; (3) no mitigation measures or conditions of approval have been added after circulation of the Negative Declaration; and (4) the revisions shown in the Errata merely clarify and amplify the findings of the Negative Declaration because they add more specificity as to the exact parcels in Sector C that would be affected by the proposed zone change. The project has not changed. As a result, the minor modifications incorporated into the project after public notice of the Negative Declaration's availability do not require recirculation of the Negative Declaration under State CEQA Guidelines section 15073.5(c). The City Council has reviewed and considered the information contained in the Negative Declaration, as modified by the Errata, Initial Study and other documents contained in the administrative record for the project. The City Council finds that the Negative Declaration, as modified by the Errata, Initial Study and administrative record contain a complete and accurate reporting of the environmental impacts associated with the project and that the Negative Declaration, as modified by the Errata, and the Initial Study have been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. 2. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the Negative Declaration, as modified by the Errata, Initial Study, the administrative record and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the project are either less than significant or no impact as outlined in the Negative Declaration, as modified by the Errata, and the Initial Study. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the project may result in any significant environmental impacts. The City Council finds that the Negative Declaration, as modified by the Errata, 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. No new significant environmental effects have been identified in the Final Negative Declaration and no changes made to the Negative Declaration constitute substantial revisions requiring recirculation under State CEQA Guidelines section 15073.5. The changes reflected in the Errata merely clarify and amplify the project description. (State CEQA Guidelines, section 15073.5(c)(4).) 3. ADOPTION OF NEGATIVE DECLARATION. The City Council hereby adopts the Negative Declaration, as modified by the Errata, prepared for the project. 4. WILDLIFE RESOURCES. Pursuant to Fish and Game Code section 711.4(c), all project applicants and public agencies subject to the California Environmental Quality Act shall pay a filing fee for each proposed project, as specified in subdivision 711.4(d) for any adverse effect on wildlife resources or the habitat upon which wildlife depends unless a "no effect" finding is made by the California Department of Fish and Game. This fee is due and payable as a condition precedent to the County Clerk's filing of a Notice of Determination. 5. NOTICE OF DETERMINATION. The City Council directs staff to prepare, execute, and file a Notice of Determination with the Orange County Clerk within five (5) working days of the passage and adoption of this Ordinance. 6. CUSTODIAN OF RECORDS. The documents and materials 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, CA 92675. The Director of Development Services is the custodian of the record of proceedings. SECTION 3. Amendment to Comprehensive Development Plan 78-01 . Sector C of the Ortega Planned Community Comprehensive Development Plan 78-01 is hereby amended to include the language specified in Exhibit "A," which is attached hereto and incorporated herein by reference, based on the following findings: 1. The proposed Ortega Planned Community Comprehensive Development Plan 78-01 amendment conforms with General Plan, specifically Policy 2.2 and 2.3. Policy 2. 2: Assure that new development is consistent and compatible with the existing character of the City. Policy 2.3: Ensure that development corresponds to the provision of public facilities and services. These policies are met because the amendment will permit medical and dental offices to use existing professional offices. Moreover, the existing office complex provides sufficient parking for the medical or dental use in addition to the office use, assuring that any new development is consistent and compatible with the existing development and character of the City and ensures that the addition of medical and dental offices to the existing office complex will maintain the necessary provisions of the public facilities and services. Any future development will be reviewed with the added use allowed and taken into consideration to ensure it is compatible with the existing development and character of the City and provides sufficient public facilities and services. 2. The amendment is necessary to implement the General Plan and to provide public convenience because the locations where medical and dental offices may be located are limited in the City. The area of Sector C of the Ortega Planned Community COP 78-01, which has a General Plan Land Use designation of Industrial Park, offers more appropriate opportunities for medical and dental locations convenient to the public, and offers convenient locations compatible with surrounding uses. 3. The proposed Land Use Code amendment conforms with the intent of the Development Code because the medical and dental use is an office type of use compatible with the uses permitted in the area of Sector C of the Ortega Planned Community COP 78-01, which has a General Plan Land Use designation of Industrial Park, including business, professional, and real estate offices. Medical and dental uses will not cause a strain on the existing amenities (circulation , sewer and water, and parking) because the medical and dental uses will occupy existing office suites, and the existing office complex provides sufficient parking to accommodate medical and dental office parking. 4. The proposed Land Use Code amendment is reasonable and beneficial at this time because it encourages orderly development and increases potential medical and dental locations that allow for further growth of a community serving business. The proposed use conforms to the intent of the development code and is consistent with Municipal Code Section: Planned Community District 9- 3.315(a)(2), which states that the intent is to "realize the economic, social, and aesthetic advantages of combining different types of land uses in a coordinated community design." Therefore, staff recommends that the Planning Commission recommend approval of the proposed Code Amendment to the City Council. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, sentence , clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. City Clerk1S Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance. Within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. /#r ~l ATTEST: PASSED, APPROVED 2016. K ) )SS ) ADOPTED .t:'~ _) day of I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1030 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 15th day of March 2016, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5th day of April 2016, by the following vote, to wit: AYES:\ C 1 UNCIL MEMBERS: Allevato, Perry and Mayor pro tern Ferguson NOES c b UNCIL MEMBERS: Mayor Patterson I ABSENT: COUNCIL~EMBERS: Reeve STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 16th day of March 2016, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01 ESTABLISHED BY LAND USE CODE SECTION 9-3.315 PLANNED c_pMMUNITY TO ALLOW MEDICAL AND DENTAL USES AS A PERMITTED, PRI ~CIPAL USE (PROJECT NAME: ORTEGA COTTAGES) (PROJECT NUMBER: CA/1 -004) (APPLICANT NAME: DUNBAR ORTEGA, LLC) I This document was posted in the Office of the City ~IE!rk ((l4.Jl ' MARIA MQR ~~S \CITY CL San Juan Cap'!lstra no, Cali STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING · CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 141h day of April 2016, I caused to be posted a certified copy of Ordinance No. 1030, adopted by the City Council on April 5, 2016, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01 ESTABLISHED BY LAND USE CODE SECTION 9-3.315 PLANNED COMMUNITY TO ALLOW MEDICAL AND DENTAL USES AS A PERMITTED, PRINCIPAL USE (PROJECT NAME: ORTEGA COT AG S) (PROJECT NUMBER: CA 15-004) (APPLICANT NAME: DUNBAR ORT GA, LC) \ This docu · was posted in e Office of the City Clerk Exhibit A PROPOSED COP 78-01 AMENDMENT City of San Juan Capistrano 18 Ortega Planned Community VI. Planning Sector C A. Purpose and Intent: The purpose of these regulations is to implement the General Plan proposal for a comprehensive network of permanent, multi-functional, and publicly and privately owned open spaces within the City; prevent development on land determined to be subject to flooding, geological hazard, excessive slope or other danger to human life or property; preserve, protect, and enhance the value of natural resources in all respects, Including topographical and geological features, plants and wildlife, historical places, watershed areas, and scenic attractions; and, provide sufficient space to meet the community's present and prospective needs for various recreational and cultural activities under public and private auspices. B. Principal Uses Permitted: 1. Open space recreation uses including public or private parks, playgrounds, riding and hiking trails, bicycle trails, golf courses, golf driving ranges, athletic fields, and similar uses (permanent structures or improvements are prohibited). 2. Horticultural or agricultural uses including orchards, tree crops, plant nurseries and other similar uses. The use prohibits permanent structures or improvements. 3. Accessory structures (temporary and readily removable structure). 4. Flood control channels, levees, spreading basins, roads, bridges, and diversion drains (in accordance with Orange County Flood Control District requirements). 5. General office uses including business, professional, real estate, etc. 6. Professional Offices 7. Medical and Dental Offices -Only permitted in APN: 666-232-01/02/03/05/06/07 and 666-252- 01/02/03/04/05/06/07/08/09/1 0/11/12/13/14/17 (Industrial Park General Plan Land Use only). C. Conditional Uses Permitted: 1. Horse stables, commercial or non-commercial (per Section 9-3.620 of Title 9). 2. Public utility facilities. 3. Archery ranges. 4. Agricultural operations (sponsored/operated by non-profit organization). D. Area Plan Requirements: see Planning Sector A-1. E. Development Standards: per Planning Sector A-1 and as follows: 1. Minimum lot size : 15,000 square feet. EXHIBIT A EXHIBIT B INITIAL STUDY AND NEGATIVE DECLARATION WITH ERRATA Ortega Cottages Code Amendment (CA) 15-004 Final Initial Study and Negative Declaration with Errata Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Prepared December 21, 2015 EXHIBIT B Initial Study/Environmental Checklist -2-City of San Juan Capistrano. California 1. PROJECT: Code Amendment (CA) 15-004, amending Ortega Planned Community Comprehensive Development Plan (COP) 78-01, Sector "C" area w1th an Industrial Park General Plan Land Use designation, addressing Medical and Dental uses. 2. LEAD AGENCY: City of San Juan Capistrano 3. CONTACT PERSON & PHONE: Laura Stokes, Housing Coordinator I Assistant Planner, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, (949) 443-6313, lstokes@sanjuancapistrano.org 4. PROJECT LOCATION: 27282 through 27514 Calle Arroyo, San Juan Capistrano, CA 92675. 5. APPLICANT: Dunbar Ortega, LLC. 6. GENERAL PLAN DESIGNATION: 4.0 Industrial Park. 7. ZONING: Planned Community (PC) Ortega Planned Community Comprehensive Development Plan (COP) 78-01, Sector "C". 8. PROJECT DESCRIPTION: An amendment to the Ortega Planned Community Comprehensive Development Plan (COP) 78-01, Sector "C" area with an Industrial Park General Plan Land Use designation, addressing Medical and Dental and to allow medical and dental office uses, whereas Sector "C" does not currently permit the Medical and Dental use. tnitial Study/Environmen!al Checklist -3-City of San Juan Capistrano. California Initial Study/Environmental Checklist -4-City of San Juan Capistrano, California Initial Study/Environmental Checklist -5-City of San Juan Capistrano, California Exhibit 2 Project Vicinity 9. SURROUNDING LAND USE(S) & PROJECT SETTING: The property is designated 4.0 -Industrial Park on the Land Use element of the San Juan Capistrano General Plan and is zoned "PC" (Planned Community) and subject to the provisions of Comprehensive Development Plan 78-01, Ortega Planned Community. The project site is surrounded by five (5) different Land Use designations, 5.0 Public Institutional to the north, 5.3 Assisted Care Facilities to the north, 4.0 Industrial Park to the northwest, Planned Community to the west, and 1.0 General Open Space to the south and east. The site is situated within Planning Sector "C" of the Ortega Planned Community, and is surrounded by additional Ortega Planned Community to the north and west, specifically Sector "D" and "8-2" to the north, Sector "B" to the north west, and Sector "8-3" to the west, and is boarded by the General Open Space zone district on the south and east. The project site is an existing 28.9 gross acre site located at the southern terminus of Rancho Viejo Road and bordering Calle Arroyo to the north and San Juan Creek to the south. 10. OTHER REQUIRED AGENCY APPROVALS: None 11. PREVIOUS ENVIRONMENTAL DOCUMENTATION: None 12. CONSULTATION: A. Federal, State, and Other Local Agencies: Not Applicable B. City of San Juan Capistrano Keith Till, Interim City Manager Cindy Russell, Chief Financial Officer Jeff Ballinger, City Attorney Sergio Klotz, Acting Development Services Director David Contreras, Acting Assistant Development Services Director Lt. Scott Spalding, Orange County Sheriff's Department George Alvarez, City Engineer Eric Bauman, Utilities Engineer C. Documents & resources: City of San Juan Capistrano, General Plan. City of San Juan Capistrano, Title 9, Land Use Code. City of San Juan Capistrano, Environmental Review Guidelines. Federal Emergency Management Agency, Flood Insurance Rate Maps. Comprehensive/Specific Development Plan, Ortega Planned Community COP 78-01 U.S.G.S. Topographic Quadrangle, San Juan Capistrano. City of San Juan Capistrano, Architectural Design Guidelines. 13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology & Soils 0 Hazards & Hazardous Mats. 0 Hydrology & Water Quality 0 Land Use & Planning 0 Mineral Resources 0 Noise 0 Populat[on & Housing 0 Public Services 0 Recreation 0 Transportation & Traffic 0 Utilities & Service Systems 0 Mandatory Findings of Significance Initial Study/Environmental Checklist -6-City of San Juan Capistrano, California 14. DETERMINATION. (To be completed by lead agency) Based on this initial evaluation: 181 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 15. ENVIRONMENTAL ADMINISTRATOR DETERMINATION (Section 9-2.201 ofSJC Municipal Code): The initial study for this project has been reviewed and the environmental determination is hereby approved: ~ aaht &u,t -:----~-~.c..._/' 'i......_'.J....>t/lf"----- oavl<iContreras, Acting Developm nt Services Director Date Environmental Administrator 16. ENVIRONMENTAL CHECKLIST This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist (Section 2) are stated and answers are provided according to the analysis undertaken as part of the Initial Study. The analysis considers the project's short-term impacts (construction-related), and its operational or day-to-day impacts. For each question, the following should be provided: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. Initial Study/Environmental Checklist -7-City of San Juan Capistrano, California 3) Once the City has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(0). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Include a source list and list of individuals contacted or consulted. 8) This form is consistent with the California Environmental Quality Act (CEQA) Guidelines and all Initial Studies performed on projects within the city must use this format. 9) The explanation of each issue should identify, a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. j .., 2:-t; <:"l:c.e cl: ti ~11~ 2:J,gS £~~ " "' "~ i ~ .S> ~ .§ !1., i.~~ ~in ..J ·~i~ -'"'-:!! 16.1 AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic vista? 0 D 0 ~ b. Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic building along a State-D 0 D ~ designated scenic highway? c. Substantially degrade the existing visual character or quality of the site 0 0 0 ~ and its surroundings? d. Create a new source of substantial light or glare which would D 0 0 ~ adversely affect day or nighttime views in the area? Initial Study/Environmental Checklist -8-City of San Juan Capistrano, California a) Have a substantial adverse effect on a scenic vista? No Impact. The code amendment does not include any development proposal but would regulate the use of medical and dental offices within the area of Sector "C" ofthe Ortega Planned Community Comprehensive Development Plan~ whicll has an Indus na! Pack General Plan Lg.!nd U~e designation. No aesthetic resources would be impacted as a result of this code amendment. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings along a state scenic highway? No Impact. No scenic resources, including trees, rock outcroppings or historic buildings would be impacted by this code amendment. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. Refer to Responses 14.1 a and 14.1 b, above. d) Create a new source of substantia/light or glare which would adversely affect day or nighttime views in the area? No Impact. The proposed code amendment does not set forth specific standards for internal and external illumination. However illumination standards are regulated per Municipal Code Section 9- 3.529. 'i "0 ,.,-;~~~ c c t; -c: :Z~~ ~ .. II "' u ~ f ;~i D. c: !E :4 ~ !C ~ ~ .! g. Q. ~c:,., .!!~~ 0 ~UI~ ..J '~i~ z 16.2 AGRICULTURAL AND FOREST RESOURCES. Would the project: a. Convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance as depicted on maps prepared pursuant to the Farmland 0 0 0 l8J Mapping and Monitoring Program of the CA. Resources Agency? b. Conflict with existing zoning for agricultural use, or a Williamson Act 0 0 0 (8J Contract? c. Conflicts with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned 0 0 0 l8J Timberland Production (as defined by Government Code section 51101 (g)? d. Results in the loss of forest land or conversion of forest land to non-0 0 0 lZJ forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-0 0 0 l8J agricultural use or conversion of forest land to non-forest use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The code amendment does not impact agricultural uses and would not result in conversion of existing farmland to non-agricultural uses. Therefore, the code amendment does not affect an agricultural resource area and thus does not impact designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The proposed code amendment generally regulates properties that are zoned for Ortega Planned Community Comprehensive Development Plan Sector "C" which have an Industrial Park General Plan Land Use desiqnation; agricultural designations generally do not have medical office uses, and no Williamson Act contracts apply. Therefore, implementation of the code amendment would not result in any conflicts with Initial Study/Environmental Checklist -9-City of San Juan Capistrano, California existing zoning for agricultural use or a Williamson Act Contract. No impacts are anticipated in this regard. c) Conflicts with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51101(g)? No Impact. As previously stated, the proposed project area is not located within an agricultural area. Thus, implementation of this code amendment would not result in changes in the environment, which would result in the conversion of farmland to non-agricultural use. No impacts are anticipated in this regard. d) Results in the loss of forest land or conversion of forest land to non-forest use? No Impact. No forest land is proposed to be lost or converted. No impacts are anticipated in this regard. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. As previously stated, the proposed code amendment is not located within an agricultural area. Thus, implementation of this project would not result in changes in the environment, which would result in the conversion of farmland to non-agricultural use. No impacts are anticipated in this regard. l 1l b1:' ;cg~ .:c ~ 1li .. ~-~~ ~ ~~tl 'g~'G c. .. " .. ~ ~ .~ 0 = 'g. a. .5 ~iWl !r ·~i ~ ., ·-E a -""-z 16.3 AIR QUALITY. Would the project: a. Conflict with or obstruct implementation of the applicable air quality D D D f8l plan? b. Violate an air quality standard or contribute to an existing or projected D D D rg] air quality violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under the applicable federal or state ambient air quality standard (including D D D f8l releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? D D D f8l e. Create objectionable odors affecting a substantial number of people? D D D f8l a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The City of San Juan Capistrano is located within the South Coast Air Basin (SCAB), which is governed by the South Coast Air Quality Management District (SCAQMD). A consistency determination is important in local agency project review by comparing local planning projects to the Air Quality Management Plan (AQMP) in several ways. It fulfills the CEQA goal of fully informing local agency decision makers of the environmental costs of the project under consideration at a stage early enough to ensure that air quality concerns are addressed. Only new or significant amendments to General Plan elements, Specific Plans and significantly unique projects need to go under a consistency review due to the AQMP strategy being based on projections from local General Plans. The proposed Code Amendment is a change to land use provisions which would not create significant air quality impacts. Therefore, projects that are consistent with the local General Plan and do not create significant air quality impacts are considered consistent with the air quality-related regional plan. Because the proposed code amendment is consistent with the goals of the City of San Juan Capistrano General Plan, and would not produce long-term significant quantities of criteria pollutants or violate ambient air quality standards, the proposed code amendment is considered to be consistent with the AQMP and a more detailed consistency analysis is not warranted. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. Because the proposed code amendment consists of a proposed amendment to the land use Initial Study/Environmental Checklist -10-City of San Juan Capistrano, California provisions, the code amendment would not directly or indirectly result in any air quality emissions. Furthermore, the development of new structures in the District to accommodate office commercial land uses would require discretionary review which would be subject to project-specific CEQA review. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact. Refer to Responses a and b. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. Sensitive populations (i.e., children, senior citizens and acutely or chronically ill people) are more susceptible to the effects of air pollution than are the general population. Land uses considered sensitive receptors typically include residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes. No project is associated with the code amendment, only regulation of uses which would not affect any sensitive receptors. e) Create objectionable odors affecting a substantial number of people? No Impact. The proposed code amendment would not create objectionable odors affecting a substantial number of people. l 'i ~~ <=C:c]! cE ti ~~i ! il-2 ~ 5~u a 1-!t ~ .E Q) c i,§,Eg ~c .. ~~s .2' g. 0 ...Jell~--'"'-z 16.4 BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or 0 0 0 [g) regulations, or by the California Department of Fish and Game or the USFWS? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, 0 0 0 ~ policies, regulations or by the California Department of Fish and Game (DFG) or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not 0 0 0 [g) limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or 0 0 0 ~ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological 0 0 0 [g) resources, such as tree preservation policy/ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, 0 0 D ~ regional, or state habitat conservation plan? a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the USFWS? No Impact. The code amendment would not result in site grading or weed abatement activities that could affect habitat. Therefore, the proposed code amendment would not have an adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local Initial Study/Environmental Checklist -11-City of San Juan Capistrano. California or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community Identified in local or regional plans, policies, regulations or by the California Department of Fish and Game (DFG) or U.S. Fish and Wildlife Service? No Impact. The proposed code amendment regulates land use, and would have no adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wild Service. Thus, no impacts to riparian habitat or sensitive natural communities are anticipated. c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. No wetlands, as defined by Section 404 of the Clean Water Act, would be impacted by this code amendment. The proposed code amendment regulates land uses. Thus, the project would not result in impacts to wetlands. d. Interfere substantially with the movement of any native resident or migratory fish or wildHfe species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. Approval of the code amendment would not interfere with the movement of any native resident or migratory fish or wildlife species, with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. The ordinance regulates land uses in lhe area of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, wh1ch have An lncfu~rrial Park General Plan Land Use designatio . e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy/ordinance? No Impact. No development project is associated with the proposed code amendment. The ordinance proposes to regulate land uses in the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, which have an Industrial Park General Plan Land Use Q.Q§lgnatlon, to regulate medical and dental office uses. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The City of San Juan Capistrano is situated in the Coastal and Southern Sub-region of the County of Orange Natural Community Conservation Plan and Habitat Conservation Plan (NCCP). However, the City is not a signatory to the Implementation Agreement for the sub-region and more importantly, the code amendment is a regulatory document and would not result in conservation planning impacts. l , ., b~ ~~.n c:'!: i :l!!Jtl .. "' j~ [ ~·.,~~ ;~~ .!E ~~§ !l ·n~ XL§,~ 0 ..IUl-z 16.5 CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical D D D t8:l resource as defined in ' 15064.5 of CEQA? b. Cause a substantial adverse change in the significance of an D 0 D t8:l archaeological resource pursuant to ' 15064.5 of CEQA? c. Directly or indirectly destroy a unique paleontological resource or site D D D ~ or unique geologic feature? d. Disturb any human remains, including those interred outside offormal D D D [81 cemeteries? Initial Study/Environmental Checklist -12-City of San Juan Capistrano, California a. Cause a substantial adverse change in the significance of a historical resource as defined in ' 15064.5 of CEQA? No Impact. The proposed code amendment does not propose a development project, grading or land disturbances. Therefore, the code amendment would not impact cultural, prehistoric, historic, archaeology or paleontology resources. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to ' 15064. 5 of CEQA? No Impact. Refer to Response to a. above. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. Paleontological sites are abundant in southern Orange County, especially along the coast and in creek areas. Because the proposed code amendment regulates process, procedure and development standards, there is no potential for disturbance of sub-surface resources. d. Disturb any human remains, including those interred outside of formal cemeteries? No Impact. No development project is associated with the proposed code amendment. Therefore, the disturbance of human remains would not occur. .... j 'i c~ -c C:~cs ~ ~~ti ~ .. 0 £~-u ..: u ·-Q, t-!E3,e-.E 0 c .. ill c ·-0 ~ '6, [ -"'a. ... !!"" l! 0 ~iil.E -ltJ:::E-3iil.E z 16.6 GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving (i.) rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist, or D D D ~ based on other substantial evidence of a known fault (Refer to DM&G Pub. 42)?; or, (ii) strong seismic ground shaking?; or, (iii) seismic- related ground failure, including liquefaction?; or, (iv) landslides? b. Result in substantial soil erosion or the loss of topsoil? D D 0 [21 c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-0 D D ~ site or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-8 of the 1994 D D D ~ USC, creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not D D D ~ available for the disposal of waste water? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) No Impact. The City of San Juan Capistrano is located within the seismically active southern California region and would likely be subjected to groundshaking, thus exposing existing facilities to seismic hazards. No known active seismic faults traverse the City of San Juan Capistrano. However, the City is located within 50 miles of several known potential sources of strong shaking, including the offshore segment of the Newport-! nglewood fault system located approximately six miles west of the City and the San Andreas fault system located approximately 50 miles east of the city. The City is not identified as an Alquist- Initial Study/Environmental Checklist -13-City of San Juan Capistrano, California Priolo Earthquake Fault Zone (formerly referred to as "Special Studies Zones"). Furthermore the County of Orange General Plan indicates that the project site is not within an Alquist Priolo Special Study Zone. Impacts are not anticipated. The proposed project which involves changes in land use provisions would not result in potential impacts to new uses. 2) Strong seismic ground shaking? No Impact. Southern California is a seismically active region likely to experience, on average, one earthquake of Magnitude 7 .0, and ten ( 1 0) earthquakes of Magnitude 6.0 over a period of 10 years. Active faults are those faults that are considered likely to undergo renewed movement within a period of concern to humans. These include faults that are currently slipping, those that display earthquake activity, and those that have historical surface rupture. The California Geological Survey (CGS) defines active faults as those which have had surface displacement within Holocene times (about the last 11,000 years). Such displacement can be recognized by the existence of sharp cliffs in young alluvium, un-weathered terraces, and offset modern stream courses. Potentially active faults are those believed to have generated earthquakes during the Quaternary period, but prior to Holocene times. The code amendment is a regulatory document with no development project proposed, therefore, no seismic Impacts would occur. 3} Seismic-related ground failure, including liquefaction? No Impact. Liquefaction is the loss of strength of cohesionless soils when the pore water pressure in the soil becomes equal to the confining pressure. Liquefaction generally occurs as a "quicksand" type of ground failure caused by strong groundshaking. The primary factors influencing liquefaction potential include groundwater, soil type, relative density of the sandy soils, confining pressure, and the intensity and duration of groundshaking. According to the City of San Juan Capistrano General Plan, Figure S-1, Geological Hazards, the project area is susceptible to high liquefaction potential. However, the proposed code amendment does not involve any physical development and therefore, would not result in liquefaction impacts. 4) Landslides? No Impact. Landslides are mass movements of the ground that include rock falls, relatively shallow slumping and sliding of soil, and deeper rotational or transitional movement of soil or rock. Landsliding is considered likely within the Capistrano Formation which comprises much of the City's hillside slopes. However, according to the City of San Juan Capistrano General Plan, the project site is not located within a known or highly suspected landslide area. The code amendment does not propose development projects but is a document to regulate land uses in the ~_Qf. Sector "C" of the Ortega Planned Community Comprehensive Development Plan, which have an Industrial Park Gen~@l Plan Land Use designation, therefore, no landslide impacts would occur. b) Result in substantial soil erosion or the Joss of topsoil? No Impact. No construction is proposed as a part of this code amendment; therefore, no erosion impacts would occur. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. No water extractions or similar practices are proposed by the code amendment. Refer to Response 4.6a, above. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. According to the Orange County and Western Part of Riverside County Soil Survey, dated September 1978, the project site has a low shrink-swell potential. Further, this code amendment will have no impact as no physical improvements are proposed that would alter existing conditions. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed code amendment does not include the installation of septic tanks or alternative wastewater disposal systems. Initial Study/Environmental Checklist -14-City of San Juan Capistrano, California 16.7 GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 0 0 D D 0 D a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? No Impact. Global warming poses a potential threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. In 2006, the Legislature passed and the governor signed Assembly Bill 32, the Global Warming Solutions Act of 2006, which set a 2020 greenhouse gas emissions reduction goal into law. AB32 directed the California Air Resources Board to begin developing discrete early actions to reduce greenhouse gases while also preparing a scoping plan to identify how best to achieve the 2020 limit for greenhouse gas emissions (GHG). The reduction measures needed to meet the 2020 GHG target are to be adopted by the start of 2011 . The State Legislature also directed the California Air Resources Board to consult with the Public Utilities Commission in the development of carbon dioxide (C02) emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission. The Legislature has also directed that such measures meet the statewide emissions limits for greenhouse gases to be established pursuant to AB 32. Because the proposed code amendment involves changes in land use provisions, it would not result in potential impacts. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. The proposed code amendment is not in conflict with any plan, policy, or regulation adopted to reduce emissions of greenhouse gases because the proposed code amendment involves changes in land use provisions, it would not result in potential impacts. ... -l "i c:~ -c: fi~gi! ll !~t) .. .. a. ~!iii =~~ c: !E .. ~ !E "' 5 ~.~~ c: ·-i"a. 51'~ .!!' E c G.!ll-..J 'ut2-..J!I)_ z 16.8 HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. Create a significant hazard to the public or the environment through D 0 D (gJ the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable conditions involving the release of hazardous 0 D D l2l materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing 0 D D l2l or proposed school? Initial Study/Environmental Checklist -15-City of San Juan Capistrano, California d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 0 0 0 D 0 0 0 0 0 0 0 0 0 D a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The proposed code amendment would not involve the routine transport, use, or disposal of hazardous materials, and would not result in such impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. The proposed code amendment would not result in a release of hazardous materials into the environment. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. The proposed code amendment addresses land uses in the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan. which have an Industrial Park General Plan land Use designation, and therefore would have no hazardous emissions or impacts on school facilities. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The proposed code amendment regulates land uses in iA-the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, wllich llav an Industrial Park General Plan Land Use uesiqnation, and is therefore not included on a list of sites containing hazardous materials, and would not result in hazards to the public or to the environment. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No. Impact. The proposed code amendment regulates land uses in ffi the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, which have an Industrial Park General Plan Land Use designation. and would not impact an airport land use plan or public airport. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed code amendment proposes to amend the municipal code to regulate kennffi& medical and dental uses in in the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, wt1ic11 11~~oJnduslrial Park G oeral Plan Land Initial Study/Environmental Checklist -16-City of San Juan Capistrano, California Use designation, would not impact a private airstrip, and would not result in a safety hazard for people residing or working in the City. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed code amendment would have no impacts on emergency response plans or emergency evacuation plans. No revisions to adopted emergency plans would be would be required as a result of the proposed project. h) Expose people or structures to a significant risk of foss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The code amendment would not expose people or structures to a significant risk of wildland fires because the project site does not adjoin OCFA-designated wildland areas. "} .., b'C :i"'!is c:'C 1:l :!Btl ~ :'!·-"' .. .. fj~~ ... ~~ [ .. .. 3, ~ s ll 6,;;; § ~c,. ~~.5 .!!' E 0 _.·c;;::~_ "'-z 16.9 HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge requirements? 0 0 0 ~ b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., 0 0 0 ~ the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river, in a 0 0 0 ~ manner which would result in substantial erosion or siltation on-or off- site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or 0 0 0 ~ substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide 0 0 0 ~ substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? 0 0 0 ~ g. Place housing within a 1 00-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate map or other 0 0 0 ~ flood hazard delineation map? h. Place within a 1 00-year flood hazard area structures which would 0 0 0 ~ impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee 0 0 0 ~ or dam? j. Inundation by seiche, tsunami, or mudflow? 0 0 0 ~ Initial Study/Environmental Checklist -17-City of San Juan Capistrano, California ,.,-l 'i o:::E -0::: liigt! u iii .. l~ti "' 'E~~ j!: "'.C 0 0. ,!t:o, ~~ .~~ a 'c a. .5 g_ ~ .5 ~·~i~ .!!' E 0 ..JU)_ z k. Result in an increase in pollutant discharges to receiving waters considering water quality parameters such as temperature, dissolved oxygen, turbidity and other typical stormwater pollutants (e.g. heavy D D D ~ metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash)? I. Result in significant alternation of receiving water quality during or D D D ~ following construction? m. Could the proposed project result in increased erosion downstream? 0 D D ~ n. Result in increased impervious surfaces and associated increased runoff? D D 0 ~ 0. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? D D D ~ p. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list? If so, can it result in an increase in any D D D ~ pollutant for which the water body is already impaired? q. Tributary to other environmentally sensitive areas? If so, can it 0 D D [8l exacerbate already existing sensitive conditions? r. Have a potentially significant environmental impact on surface water 0 D D 181 quality to either marine, fresh, or wetland waters? s. Have a potentially significant adverse impact on groundwater quality? 0 0 D [81 t. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of D D D [81 beneficial uses? u. Impact aquatic, wetland, or riparian habitat? D D 0 ~ v. Potentially impact stormwater runoff from construction or post 0 0 0 ~ construction? w. Result in a potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials D D D ~ handling or storage, delivery areas, loading docks or other outdoor work areas? X. Result in the potential for discharge of stormwater to affect the 0 0 D ~ beneficial uses of the receiving waters? y. Create the potential for significant changes in the flow velocity or D 0 0 ~ volume of stormwater runoff to cause environmental harm? z. Create significant increases in erosion of the project site or 0 D 0 ~ surrounding areas? a) Violate any water quality standards or waste discharge requirements? No Impact. No development is proposed as part of this code amendment, therefore no impacts are anticipated. Initial Study/Environmental Checklist -18-City of San Juan Capistrano, California b) · Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e .g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The code amendment would not have the potential to substantially deplete groundwater supplies or interfere with groundwater recharge. The code amendment would not increase the amount of water consumed regionally through increased withdrawals from groundwater sources. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? No Impact. The code amendment would not result in changes in the amount of runoff as no development project is proposed, therefore, no alteration of absorption rates and no changes in drainage patterns associated with the proposed code amendment would occur. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? No Impact. Refer to Response (c), above. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No Impact. Surface runoff velocities, volumes and peak flow rates would not be impacted by this code amendment because it would not contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of water. f) Otherwise substantially degrade water quality? No Impact. Storm water quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediment. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residues, fertilizer/pesticide uses, and careless material storage and handling. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry- season period. However, no development projects are proposed with the code amendment, therefore, no impacts to water quality would occur. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The proposed code amendment does not propose housing. Therefore, no flood related impacts would occur. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? No Impact. The project site is located within a 1 00-year flood hazard area. However, the code amendment does not propose any new structures. Refer to Response 4.8c and Response 4.8d, above, for additional discussion. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. As previously stated, the code amendment is a regulatory document that does not propose any new building structures or land uses within the 1 00-year flood plain. j) Inundation by seiche, tsunami, or mildflow? No Impact. There are no anticipated impacts to the proposed project from seiche, tsunami or mudflow, as no topographical features or water bodies capable of producing such events occur as a result of the proposed code amendment. k) Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical stormwater pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash}? No Impact. Potential pollutant discharges to receiving waters would have no increase due to Initial Study/Environmental Checklist -19-City of San Juan Capistrano, California no additional impervious surfaces added nor any use which would include increases pollutant discharges as a part of this project. I) Result in significant alternation of receiving water quality during or following construction? No Impact. The code amendment would regulate the land uses in-in lh areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan~h ich have an Industrial Park General Plan Land Use designation, and would not result in any water quality impacts. m) Could the proposed project result in increased erosion downstream? No Impact. The proposed code amendment is a regulatory document that proposes no impervious surfaces, no volume of stormwater runoff and would not result in increased downstream erosion. n) Result in increased impervious surfaces and associated increased runoff? No Impact. No development project is proposed with the code amendment and no Increase in impervious surfaces and associated runoff would occur. o) Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? No Impact. The code amendment does not include development projects and therefore does not include grading or changes in drainage that would alter drainage patterns, or increase runoff flow rates or volumes for any properties. p) Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list? If so, can it result in an increase in any pollutant for which the water body is already impaired? No Impact. No development project is proposed with the code amendment. The code amendment regulates land use in in.·ll'e ~reas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan. which have an lndust[lal Park General Plan Land Use designation; therefore, no water quality impacts would occur. q) Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? No Impact. See Response top) above. r) Have a potentially significant environmental impact on surface water quality to eirher marine, fresh, or wetland waters? No Impact. The code amendment regulates medical and dental office uses in in·lhe areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan~ which h9V!:1 'l.n Industrial Park General Plan Land Use designation, and would not result in discharges into surface waters. No development project is proposed with the code amendment, therefore no pollutant discharges into such waters including pesticides, herbicides, fertilizers and similar chemicals would occur. s) Have a potentially significant adverse impact on groundwater quality? No Impact. The code amendment would regulate medical and dental office uses in iA · the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan. which have an Industrial Park General Plan Land Use designation, and does not involve excavation, drilling, or cuts that could intercept or affect groundwater, and does not involve sub-surface fuel tanks or similar features that could affect groundwater. t) Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact. The proposed code amendment does not include a development proposal and will not result in any violation of applicable water quality standards established by the Clean Water Act and implemented by the San Diego Regional Water Quality Control Board (RWQCB) through the regional National Pollution Discharge Elimination System (NPDES) permit. u) Impact aquatic, wetland, or riparian habitat? No Impact. The proposed code amendment does not include a development project; therefore, no aquatic, wetland or riparian habitats would be impacted as a result of the code amendment. Initial Study/Environmental Checklist -20-City of San Juan Capistrano, California v) Potentially impact stormwater runoff from construction or post construction? No Impact. The proposed code amendment does not include a development project and would not impact stormwater runoff as no construction is proposed with a regulatory document. w) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? No Impact. The proposed code amendment does not include a development project and no discharge of stormwater pollutants would occur as a result of a regulatory document. x) Result in the potential for discharge of storm water to affect the beneficial uses of the receiving waters? No Impact. The code amendment does not include a development project; therefore, no discharge of stormwater would occur. y) Create the potential for significant changes in the flow velocity or volume of storm water runoff to cause environmental harm? No Impact. The proposed code amendment does not include a development project and will neither increase the volume nor the velocity of storm water flows, nor indirectly contribute to such impacts as a result of approval of a regulatory ordinance. z) Create significant increases in erosion of the project site or surrounding areas? No Impact. The proposed code amendment does not include any development project proposal; therefore, no erosion to any properties would occur. l , ~'E ccc! " c t; ~~ti ~ ~ .2 5 ~~t; .. <>. ';;!Eil:-§ ~·~ ftl XI c: ·-o iJ'c ~ ~u;f ..J ·~i .s .2' E 0 ...J(I)_ z 16.10 LAND USE AND PLANNING. Would the project: a. Physically divide an established community? 0 0 0 [8.] b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning 0 0 0 [8.] ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 [8.] a) Physically divide an established community? No Impact. The proposed code amendment does not include a development project and is a regulatory document. The regulatory ordinance could not impact the physical arrangement of an established community and no impacts would occur. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The proposed code amendment is consistent with the General Plan, Title 9 Zoning Code, and the Ortega Planned Community Comprehensive Development Plan 78-01, therefore, no impacts or conflicts to existing regulatory documents would occur as a result of approving this code amendment. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Refer to Response 4.4(f) above, which concludes the code amendment would not conflict with any habitat conservation plan Initial Study/Environmental Checklist -21-City of San Juan Capistrano, California j ., ~~ qd c " x .. .. .!l! 0 t> ~~~~ =~u f !~ [ In 'c .Sfl !a'ij,[ ~~§ ill .!!"" ~ ju;E 0 ...IW~-z 16.11 MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that D D D t8l would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other 0 D D ~ land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The proposed code amendment does not include a development project. Therefore, the amendment to regulate land uses in in-the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, which have an Industrial Park Gener I Plan Land Use designalion, would have no impact on mineral resources. b) 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? No Impact. Refer to Response 14.1 Oa, above. j I! bE r:::cc-E tl ii .. .2 !] ~I ~tl a ~~~ 1-!5 :, § .S"c. ~ ij,:;; l! " .. "'"' cf~.5 ...J 'iii:::l:-iii.li ~ 16.12 NOISE. Would the project: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or D D IZI 0 applicable standards of other agencies? b. Exposure of persons to or generation of excessive groundborne D 0 0 t8l vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the D 0 D I2J project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels 0 0 0 I2J in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or D 0 D I2J public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive D 0 0 t8l noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The proposed code amendment does not include a development project and would therefore not create any impacts in terms of ambient noise levels. Noise impacts are regulated by the City's General Plan Noise Element and Title 9, Land Use Code regulations. b) Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels? Initial Study/Environmental Checklist -22-City of San Juan Capistrano, California No Impact. The code amendment does not include a development proposal; therefore, no construction and demolition activity would occur to generate excessive ground borne vibrations or noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The code amendment is a regulatory ordinance that does not include a development project, therefore, no increase or impact in the ambient noise level would occur. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. As noted above, the implementation of the proposed code amendment would set forth land use regulations fef-in !he areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan~hich have an Industrial Park General Plan Land Use designation . and would not result in short-term increased noise levels as no development project is proposed and no associated construction activities. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. As previously stated the proposed code amendment is a document to regulate medical and dental office uses in irt·lhe areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, which have an lndustrral Park General Plan Land Use d,!.'lslgnallo , and would not impact public airport or public use airport. The nearest airport, John Wayne-Santa Ana, is located about 20 miles northwest and no Impacts would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed code amendment is a document to regulate medical and dental office uses In in-ll1e areas or Sector "C" of the Ortega Planned Community Comprehensive Development Plan. wl11cl1 have an Industrial Park General Plan Land Use designation, and would not expose people to excessive noise levels. 16.13 POPULATION & HOUSING. Would the project: a. 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)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 0 0 0 0 0 0 0 a) 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)? No Impact. The proposed code amendment would not induce growth through the extension or expansion of major capital infrastructure. No impacts to population and housing would occur. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The proposed code amendment would not require the removal existing housing, and therefore would not necessitate the construction of replacement housing elsewhere. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Refer to Response 4.12a and 4.12b, above. Initial Study/Environmental Checklist -23-City of San Juan Capistrano, California l "D ... -il8~ c:c ~ 'iii .. .. ;!:!t; ~u;O =~~ Q. !~ CIJ ~~:~ ~""-.5 0 .2' ~ ""-!! .2' E 0 II.Cil-.... 'iii :1-...JCI)_ z 16.14 PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? 0 0 0 ~ Police Protection? 0 0 0 ~ Schools? 0 0 0 f8J Parks? 0 0 0 ~ Other public facilities? 0 0 0 ~ 1) Fire protection? No Impact. Proposed code amendment would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities. 2) Police protection? No Impact. There are no significant impacts related to police protection or service anticipated with implementation of the proposed code amendment. 3) Schools? No Impact. Implementation of the proposed code amendment would not result in the need for the construction of additional school facilities. Therefore, no impacts in this regard will occur. 4) Parks? No Impact. Implementation of the proposed code amendment will not affect any existing park facilities nor increase the demand for additional recreational facilities. Therefore, no impacts to parks are anticipated as a result of this project. 5) Other public facilities? No Impact. No significant impacts to other public facilities are anticipated to occur with code amendment implementation. 16.15 RECREATION. Would the project: a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 0 0 0 0 0 0 a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Initial Study/Environmental Checklist City of San Juan Capistrano, California Impact. Implementation of the proposed code amendment will not generate an increase in demand on existing public or private parks or other recreational facilities that would either result in or increase physical deterioration of the facility. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. Implementation of the proposed code amendment does not include recreational facilities. 'i " ~'E c~a~ "" ti ~ .~ ti 1! .. ., ~ .... .. ~ ~ ,g, 0 =~~ "' !l,~ ~.~~ § ~ii5s .'J ·~!B 0 ... JIJI-z 16.16 TRANSPORTATION/TRAFFIC. Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel, and relevant components of the 0 0 0 r2l circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel 0 D 0 ~ demand measures, or other standards established by the county congestion/management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety 0 0 D ~ risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm 0 0 D ~ equipment)? e. Result in inadequate emergency access? 0 0 0 ~ f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the 0 D 0 ~ performance or safety of such facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel, and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? No Impact. The code amendment would result in the development of land uses that could result in an increase in vehicular trips. The code amendment is a regulatory document to regulate land uses in ffi..the areas of Sector "C" of the Ortega Planned Community Comprehensive Development Plan, wllich have an !.fld!,tstri<:'ll Park General Plan Land Use d_e, 19.0~lio 1l and would not result in traffic-related impacts. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion/management agency for designated roads or highways? No Impact. Refer to Response 4.15a, above. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The code amendment is a regulatory document to regulate land uses in ifl-the areas of Sector "C" of the Ortega Planned Community Comprehensive Initial Study/Environmental Checklist -25-City of San Juan Capistrano, California Development Plan, which have an Industrial Park General Plan Land Use desjgnalion and would not result in traffic-related impacts. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. No public roadways are proposed as part of the code amendment, therefore, no impacts regarding design features or incompatible uses would occur. e) Result in inadequate emergency access? No Impact. The proposed code amendment does not include a development project. Adequate emergency access is required for all properties within the City of San Juan Capistrano and regulated by the 2013 California Building Code and Orange County Fire Authority (OCFA). f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact. Project implementation would not conflict with adopted policies, plans, or programs supporting alternative transportation. Impacts are not anticipated in this regard. The proposed code amendment does not propose a development project; therefore, no impacts to parking would occur. The Title 9, Land Use Code regulates parking standards and requirements. l I! be C:~c:J! :a~ u ~~~ 2ho .. =!Eu a. i!g-~~ .5 z -~ ~ ·~i~ m~~ 0 O..fl)_ ..J -z 16.17 UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional 0 0 0 ~ Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction 0 0 0 [81 of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which 0 0 0 [81 could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded 0 0 0 [81 entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve 0 0 0 [81 the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to 0 0 0 ~ accommodate the project's solid waste disposal needs? g. Com ply with federal, state, and local statutes and regulations related 0 0 0 [8l to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. No improvements are associated with the proposed code amendment and therefore would not exceed wastewater treatment requirements of the Regional Water Quality Control Board (RWQCB). b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The Initial Study/Environmental Checklist -26-City of San Juan Capistrano, California proposed code amendment does not include a development proposal and would not require or result in the construction of wastewater treatment facilities (refer to Response 4.16a, above). c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed code amendment does not include a development proposal and would not require or result in the expansion of existing storm water drainage facilities. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. No new or expanded entitlements would be required with implementation of the proposed project. No impacts would occur. e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. Refer to Response 4.16a, above. f) Be served by a landfifl with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The proposed code amendment does not include a development proposal and would not generate any solid waste. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. Refer to Response 14.16f, above. l 11 ~i C'Cc"f ~ tl ~ ~.2 0 .. ~~g ~it~!?-~~ l .! a, Q. c . 0 c Cl. ~i4~ ~ ·~i .5 ~§ 0 z 16.18 MANDAT.ORY FINDINGS OF SIGNIFICANCE. Would the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to decrease below self-0 0 0 [gJ sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? 0 0 0 ~ c. Does the project have impacts which are individually limited, but cumulatively considerable (Cumulatively considerable@ means the project's incremental effects are considerable when compared to the 0 0 0 ~ past, present, and future effects of other projects)? d. Does the project have environmental effects which will have substantial adverse effects on human beings, directly or indirectly? 0 0 0 ~ 17. The initial study for the subject project was prepared by: 2-3-/lo Date: Initial Study/Environmental Checklist -27-City of San Juan Capistrano, California