Mitigated Negative Declaration

DRAFT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION

VERDUGO STREET BEAUTIFICATION PROJECT

CITY OF SAN JUAN CAPISTRANO

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DRAFT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION

VERDUGO STREET BEAUTIFICATION PROJECT

SAN JUAN CAPISTRANO

Submitted to:

City of San Juan Capistrano Development Services Department 32400 Paseo Adelanto San Juan Capistrano, California 92675

Prepared by:

ECORP CONSULTING, INC. 1801 East Park Court Place, Bldg. B Santa Ana, California 92701 (714) 648-0630

ECORP Project No. 2018-246

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TABLE OF CONTENTS

1.0 INTRODUCTION 3 1.1 PURPOSE of THIS INITIAL STUDY 3 1.2 SUMMARY of FINDINGS 3 1.3 ORGANIZATION of THE INITIAL STUDY 3 1.4 CONTACT PERSON 4 2.0 ENVIRONMENTAL SETTING AND PROJECT DESCRIPTION 5 2.1 PROJECT SITE AND SITE DESCRIPTION 5 2.2 PROPOSED PROJECT 5 2.3 LEAD AGENCY PERMITS AND APPROVALS 6 3.0 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 11 4.0 EVALUATION OF ENVIRONMENTAL IMPACTS 13 4.1 AESTHETICS 14 4.2 AGRICULTURE & FOREST RESOURCES 16 4.3 AIR QUALITY 18 4.4 BIOLOGICAL RESOURCES 22 4.5 CULTURAL RESOURCES 25 4.6 ENERGY 29 4.7 GEOLOGY AND SOILS 30 4.8 GREENHOUSE GAS EMISSIONS 34 4.9 HAZARDS AND HAZARDOUS MATERIALS 36 4.10 HYDROLOGY AND WATER QUALITY 41 4.11 LAND USE/PLANNING 44 4.12 MINERAL RESOURCES 45 4.13 NOISE 46 4.14 POPULATION AND HOUSING 48 4.15 PUBLIC SERVICES 49 4.16 RECREATION 51 4.17 TRANSPORTATION/TRAFFIC 52 4.18 TRIBAL CULTURAL RESOURCES 56 4.19 UTILITIES/SERVICE SYSTEMS 59 4.20 WILDFIRE 61 4.21 MANDATORY FINDINGS OF SIGNIFICANCE 62 5.0 MITIGATION MONITORING AND REPORTING PROGRAM 63 5.1 MITIGATION MONITORING AND REPORTING REQUIREMENTS 63 5.2 MITIGATION MONITORING AND REPORTING PROCEDURES 64 6.0 REFERENCES 71

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FIGURES AND TABLES

FIGURES Figure 1: Project Location ...... 7 Figure 2A: Site Photo ...... 8 Figure 2B: Site Photo ...... 9 Figure 3: Refined Concept Plan ...... 10 Figure 4: Study Locations ...... 56

TABLES Table 4.3-1: Construction-Related Emissions (Regional Significance Analysis) ...... 21 Table 4.3-2: Construction-Related Emissions (Localized Significance Analysis) ...... 21 Table 4.8-1: Construction-Related Greenhouse Gas Emissions-Metric Tons/Year ...... 36 Table 5.2-1: Mitigation Monitoring and Reporting Program ...... 66

APPENDICES A: Cumulative Projects List B: Project Concept Plan C: Cultural Records Search Result D: Geotechnical Exploration and Design Study E: Traffic Impact Analysis F: Air Quality and Greenhouse Gas Emissions

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1.0 INTRODUCTION 1.1 Purpose of this Initial Study

In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, this Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the Verdugo Street Beautification Project (hereafter referred to as the “Project”) in San Juan Capistrano, California.

This IS/MND has been prepared pursuant to CEQA, as amended (Public Resources Code [PRC] §21000 et seq.) and in accordance with the State CEQA Guidelines (California Code of Regulations [CCR] §15000 et seq.). Consistent with State CEQA Guidelines Section 15071, this IS/MND includes a description of the Project, an evaluation of the potential environmental impacts associated with implementation of the Project, and findings from the environmental analysis.

Pursuant to Section 15367 of the State CEQA Guidelines, the City of San Juan Capistrano (City) is the Lead Agency for the Project. The Lead Agency is the public agency with the principal responsibility for carrying out or approving a project that may have a significant effect on the environment. The City, as the Lead Agency, has the authority for project approval and adoption or certification of the accompanying environmental documentation.

1.2 Summary of Findings

Based on the Environmental Checklist Form prepared for the project (Section 4.0) and supporting environmental analysis (Section 5.0), the proposed Project would have no impact or less than significant impacts in the following environmental areas: aesthetics, agriculture and forest land resources, air quality, energy, greenhouse gases, hydrology and water quality, land use, mineral resources, noise, population and housing, public services, recreation, traffic, and utilities and services. The proposed Project has the potential to have significant impacts on the following topics unless the recommended mitigation measures described herein are incorporated into the proposed Project: biological resources, cultural resources, geology and soils, hazards and hazardous materials, and tribal cultural resources.

According to the State CEQA Guidelines, it is appropriate to prepare a Mitigated Negative Declaration (MND) for the proposed Project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant.

1.3 Organization of the Initial Study

• Section 1.0: Introduction. This section provides an introduction and overview of the findings in the IS/MND

• Section 2.0: Environmental Setting and Project Description. This section provides a description of the proposed Project including project location, relevant background information, and a description of the existing conditions of the project site and vicinity. This section also provides a description of necessary discretionary approvals. • Section 3.0: Environmental Factors Potentially Affected. This section provides a list of the environmental factors that would be potentially affected by the proposed Project and a determination

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by the City as to the appropriate environmental document.

• Section 4.0: Environmental Checklist and Discussion of Environmental Checklist Questions. This section provides an analysis of environmental impacts identified through the environmental checklist process and identifies recommended mitigation measures to mitigate any potentially significant effects or to reduce them to a level considered less than significant.

• Section 5.0: Mitigation Monitoring and Reporting Program. This section contains the Mitigation Monitoring and Reporting Program (MMRP) prepared for the proposed Project, consistent with the requirements of PRC Section 21081.6. The program describes the requirements and procedures to be followed by the City to ensure that all mitigation measures adopted as part of the proposed Project are implemented as described in this IS/MND. • Section 6.0: References. This section contains the references used to prepare the IS/MND. 1.4 Contact Person

Any questions or comments regarding the preparation of this IS/MND, its assumptions or its conclusions should be referred to the following:

Joe Parco, City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Tel: (949) 443-6353 Email: [email protected]

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2.0 ENVIRONMENTAL SETTING AND PROJECT DESCRIPTION

2.1 Project Site and Site Description

The project site is located in the city of San Juan Capistrano near the San Juan Capistrano Metrolink/Amtrak train depot and includes the entire length (approximately 300 lineal feet) of Verdugo Street from the intersection at Camino Capistrano to the cul-de-sac. The site is east of the historic Los Rios district and is within the City’s Historic Town Center. The existing paved street has commercial businesses and concrete sidewalks on both sides and the street terminates at the train depot and a parking structure. There are existing utilities within the street and sidewalk that include domestic water, gas, sewer, storm drain, electrical services, AT&T and Cox Communications, and traffic control devices. The existing streetscape includes mostly concrete and paver sidewalks with sparse trees and plants. The Project location is shown on Figure 1. Views of Verdugo Street are shown in Figure 2.

2.2 Proposed Project

The Verdugo Street Beautification Project (‘Project’) is intended to beautify the corridor and provide a more pedestrian-friendly street experience for visitors. The proposed improvements will include the following:

• Reducing the overall width of the roadway; • Widening the sidewalks and adding rolled curbs; • Adding bulb-outs at intersection with Camino Capistrano; • Providing colored concrete and decorative pavers; • Modifications to existing storm drain catch basins; • Landscaping and irrigation; • Enhanced lighting and seating; and • Installing ADA ramps and improvements.

A key theme in the design of the Verdugo Street Beautification Project is to provide an inviting street corridor that will create a sense of arrival for visitors arriving by train, as well as those parking and walking to restaurants, the movie theatre and shops downtown. The design minimizes the use of standard curbs, and the roadways would be defined primarily by planter pots and bollards. The reduced street widths and widened sidewalks, provide a more pedestrian-focused experience with options for sidewalk dining and possibly temporary street closures for special events. Paving in the street and sidewalks would be enhanced utilizing colored or washed concrete, pavers, or a combination of both. Wood benches would provide seating while street trees would provide natural shade. Additional improvements will include planters with landscaping and enhanced (bistro) lights. A refined concept plan is shown in Figure 3.

New ADA improvements will join the existing sidewalks at all Project intersections, principally Camino Capistrano and Verdugo Street. The cul-de-sac at this location is reduced from an existing 30’ radius to a 25’ radius. With the reduction in the cul-de-sac, a new catch basin is proposed to replace the existing catch basin, thus ensuring the new curb and gutter alignment drains properly. Street improvements will ensure proper drainage design for new curb and gutter, and sidewalk within the entire Project limits. Project improvements will be coordinated with all existing utilities within the Project limits.

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Phasing of Project improvements will be coordinated to minimize construction impacts to the adjacent businesses and to maintain traffic flow and avoid to the extent practical conflicts with holidays and special events in the downtown area. Implementation of street improvements is expected to occur in summer/fall of 2019.

2.3 Lead Agency Permits and Approvals

The City of San Juan Capistrano is the Lead Agency and project proponent. The proposed Project will require the following agency permits and approvals: City Council approval of Capital Improvement (CIP) 14106.

Map Contents

RAMOS Project Boundary ST

ORTEGA HWY

LOS RIOS ST

VERDUGO ST

CAMINO CAPISTRANO

(AA)-mapping_guest 3/4/2019

YORBA ST

Feet

0 125 FORSTER ST Location: N:\2018\2018-246 Verdugo St\MAPS\CEQA\Verdugo_location.mxd Map Date: 3/4/2019 Photo Source: NAIP 2016 Figure 1. Project Location 2018-246 Verdugo Street Beautification Project Photo 1. View from Verdugo Street/Camino Capistrano Intersection Photo 2. Regency Theater at Franciscan Plaza (south side of Verdugo Street

Photo 3. Franciscan Plaza and Parking Structure at cul-de-sac Photo 4. View towards Amtrak/Metrolink Rail Line and Los Rios Street

Figure 2A. Representative Site Photographs 2018-246 Verdugo Street Beautification Project Photo 5. View towards Sarducci's and the Capistrano Depot Photo 6. Rancho Capistrano Winery (north site of Verdugo Street)

Photo 7. Driveway at Verdugo Street (north side) Photo 8. Building Facade (Shops/Galleries on north side)

Figure 2B. Representative Site Photographs 2018-246 Verdugo Street Beautification Project Source: Richard Fisher Associates 2019 Figure 3. Refined Concept Plan 2018-246 Verdugo Street Beautification Project DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 11

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4.0 EVALUATION OF ENVIRONMENTAL IMPACTS

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. 3. Once the lead agency 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 may be cross-referenced, as discussed below). 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)(D)). In this case, a brief discussion should identity 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. Lead agencies are encouraged to 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. Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

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8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

Less Than Significant 4.1 AESTHETICS Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

(a) Have a substantial adverse effect on a scenic vista?

Substantially damage scenic resources, including, but not limited

(b) to, trees, rock outcroppings, and historic buildings within a state

scenic highway? In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and surroundings? (Public views are those that are experienced from publicly (c) accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Create a new source of substantial light or glare which would (d) adversely affect day or nighttime views in the area?

Impact Analysis:

(a) Would the project have a substantial adverse effect on a scenic vista? No Impact. A scenic vista is the view of an area that is visually or aesthetically pleasing from a certain vantage point. It is usually viewed from some distance away. Aesthetic components of a scenic vista include (1) scenic quality, (2) sensitivity level, and (3) view access. A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista or by blocking the view corridors or “vista” of the scenic resource. Important factors in determining whether a proposed project would block scenic vistas include the project’s proposed height, mass, and location relative to surrounding land uses and travel corridors. The project site is located in downtown San Juan Capistrano, on urban streets with adjacent one- and two-story commercial buildings, including restaurants, a theater, surface and structured parking. There are no locally designated scenic vistas in the Project vicinity and no significant distant views of the Santa Ana Mountains from within the Project limits. Construction. Construction of the proposed Project would require site preparation, grading, and construction activities. Construction activities would be briefly visible to travelers at the Camino Capistrano/Verdugo Street and Camino Capistrano/Arguello Way intersections. Views of construction activities would be short-term in nature and would cease upon Project completion. The project site is not within a designated scenic corridor. Therefore, there would be no construction impacts related to adverse effects on a scenic vista. Operation. The project site is not within or adjacent a designated roadway scenic corridor in the Community Design Element of the City’s General Plan. At its western terminus,

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Verdugo Street is near the SCCRA/Metrolink rail line, portions of which are a designated scenic corridor within the City limits. Potential Project improvements in this area include paver surfaces, wayfinding kiosks, and a trellis with seating. With implementation of the proposed Project, views of the urban street scene would be enhanced with additional landscape elements, bistro lighting and paving. The proposed Project would not result in impacts on views of the surrounding hills from Project roadways and sidewalks. The proposed Project would have no adverse effect on scenic vistas or views.

(b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

No Impact. The project site is not a California Department of Transportation (Caltrans) designated or eligible State Scenic Highway. The portion of State Route 74 (SR-74) located approximately 1 mile north of the project site is identified as an Eligible State Scenic Highway but is not officially designated as a scenic highway by Caltrans.1 The Project proposes street beautification elements that would enhance the urban street scene. Therefore, the proposed Project does not have the potential to damage resources within a State-designated scenic highway, and no mitigation would be required.

(c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?

No Impact. The Project proposes beautification of a short roadway segment within the urbanized downtown area of the City. Construction activities will temporarily impact the urban visual character of the immediate project site and vicinity. However, following construction, the existing urban village character of the site will be enhanced with various landscape, paver, bistro lighting and wayfinding signage elements. The Project is not within a non-urbanized area and no Impact would occur.

(d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

Less than Significant Impact. Spill light occurs when lighting standards, such as streetlights, parking lot lighting, exterior building lighting, and landscape lighting, are not properly aimed or shielded to direct light to the desired location and light escapes and partially illuminates a surrounding location. The spillover of light onto adjacent properties has the potential to interfere with certain activities, including vision, sleep, privacy, and general enjoyment of the natural nighttime condition. Light-sensitive uses include residential, some commercial and institutional uses, and, in some situations, natural areas. Changes in nighttime lighting may become significant if a proposed project substantially increases ambient lighting conditions beyond its property line and project lighting routinely spills over into adjacent light-sensitive land uses areas.

Construction. Short-term construction activities would occur primarily during daylight

1 California Department of Transportation (Caltrans). (2019). State Scenic Highway Mapping System. Available at: http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. Accessed on March 1, 2019.

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hours; however, construction activities may require periodic nighttime lighting. Any construction- related illumination during evening or nighttime hours would be shielded to the extent feasible and would consist of the minimal lighting required for safety and security purposes and would only occur on a temporary and as-needed basis. Due to its limited scope and duration, light generated during project construction would not substantially alter the character of off-site areas surrounding the construction area or interfere with the performance of an off-site activity. Therefore, construction lighting impacts would be less than significant, and no mitigation would be required.

Operation. The Project proposes limited bistro-type lighting and sign illumination within Verdugo Street to complement pedestrian movement and wayfinding during evening hours. These fixtures will be low illumination and/or shielded to prevent any spillover effects on surrounding commercial uses and the Los Rios Historic District across the Metrolink rail line to the west. Project street improvements include no reflective light (glare) elements, surfaces or materials. No light and glare impact from Project operations would occur. Less Than Significant 4.2 AGRICULTURE & FOREST RESOURCES Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as depicted on the maps prepared

pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (b) Conflict with existing zoning for agricultural use, or a Williamson

Act contract? (c) Conflict with existing zoning for, or cause rezoning of forest land (as defined in Public Resource Code section 12220(g)), Timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? (d) Result in the loss of forest land or conversion of forest land to non-forest use?

(e) Involve other changes in the existing environment, which due to their location or nature, could result in conversion to Farmland to non-agricultural use or conversion of forest land to non-forest use?? Impact Analysis: (a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as depicted on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency? No Impact. The project site is an existing 315-foot long roadway segment within the developed downtown area of the City. The site is not used as farmland, nor mapped as farmland on the State’s Farmland Mapping and Monitoring Program.2 No construction or operational impact on farmland would occur. (b) Would the project conflict with existing zoning for agricultural use, or a Williamson

2 California Department of Conservation (CDC). (2018). Orange County Important Farmland 2016 Map. Available at: https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx. Accessed on March 4, 2019.

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Act contract? No Impact. The project site is depicted as a roadway within the City’s Town Center District. The project site is not located within an area covered under a Williamson Act contract.3 Therefore, the proposed project would not conflict with any Williamson Act contract. No impacts related to this issue would occur with implementation of the proposed project.

(c) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use?

No Impact. The Project proposes beautification measures on a local street within the urbanized Town Center of the City. There are no farmlands or agricultural uses in the vicinity of the Project. No changes in the existing environment that could lead to conversion of farmlands would occur.

(d) Would the project result in the loss of forest land or conversion of forest land to non- forest use?

No Impact. The Project site and vicinity are not forest land. No impact would occur.

(e) Would the project 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. The Project site and surrounding areas are neither farmland nor forest land. No impact would occur.

3 California Department of Conservation (CDC). (2004). Agricultural Preserves 2004: Williamson Act Parcels. Orange County, California. Available at: https://www.conservation.ca.gov/dlrp/wa/Pages/stats_reports.aspx. Accessed on March 4, 2019.

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Less Than Significant 4.3 AIR QUALITY Potentially With Less Than Significant Mitigation Significant Would the project: Impact Incorporated Impact No Impact

(a) Conflict with or obstruct implementation of the applicable

air quality plan? (b) Result in a cumulatively considerable net increase of any

criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard? (c) Expose sensitive receptors to substantial pollutant

concentrations? (d) Result in other emissions (such as those leading to odors)

adversely affecting a substantial number of people?

Impact Analysis:

(a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The project site is located in the City of San Juan Capistrano, within the South Coast Air Basin (SCAB), which includes all of Orange County (County) and portions of Los Angeles, Riverside, and San Bernardino Counties. Air quality within the SCAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for SCAB. The latest plan is the 2016 AQMP, which incorporates the latest scientific and technological information and planning assumptions, including the 2016 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and updated emission inventory methodologies for various source categories.

The main purpose of an AQMP is to describe air pollution control strategies to be taken by a city, county, or region classified as a nonattainment area in order to bring the area into compliance with federal and State air quality standards. A nonattainment area is considered to have air quality worse than the National Ambient Air Quality Standards (NAAQS) as defined in the federal Clean Air Act.

The SCAB is in nonattainment for the federal and State standards for ozone (O3) and particulate matter less than 2.5 microns in diameter (PM2.5). In addition, the SCAB is in nonattainment for the State standard for particulate matter less than 10 microns in diameter (PM10). The SCAB is in attainment/maintenance for the federal PM10, carbon monoxide (CO), sulfur dioxide (SO2), lead, and nitrogen dioxide (NO2) standards.

Consistency with the 2016 AQMP would be achieved if a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the federal and State air quality standards. Per SCAQMD’s CEQA Air Quality Handbook (1993), there are two main indicators of a project’s consistency with the applicable AQMP: (1) whether the project would increase the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the applicable AQMP (2016 AQMP); and (2)

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whether the project would exceed the AQMP’s assumptions for final year for the AQMP. The CEQA Air Quality Handbook indicates that consistency with AQMP growth assumptions must be analyzed for new or amended General Plan elements, Specific Plans, and significant projects. Significant projects include airports, electrical generating facilities, petroleum and gas refineries, designation of oil drilling districts, water ports, solid waste disposal sites, and offshore drilling facilities. For the proposed project to be consistent with the AQMP, the pollutants emitted from the project should not exceed the SCAQMD daily threshold or cause a significant impact on air quality. Additionally, if feasible mitigation measures are implemented and shown to reduce the impact level from significant to less than significant, a project may be deemed consistent with the AQMP.

Because of the limited extent and duration of Project construction activities, it is anticipated that construction emissions would be below the emissions thresholds established in SCAQMD’s CEQA Air Quality Analysis Handbook and would not be expected to result in significant air quality impacts. Additionally, as a local roadway beautification project that does not expand the roadway capacity, the proposed Project would not be considered as a “significant project” affecting air quality in the region. Therefore, the proposed Project would be consistent with and not conflict with or obstruct implementation of the 2016 AQMP. No mitigation is required.

(b) 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?

Less Than Significant Impact. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the project would be cumulatively considerable. Projects that do not exceed significance thresholds would not be considered cumulative considerable.

Short-Term (Construction) Regional Emissions. Short-Term (Construction) Emissions Construction associated with the proposed project would generate short-term emissions of air pollutants. Criteria air pollutants, such as course particulate matter (PM10), fine particulate matter (PM2.5), carbon monoxide (CO), and sulfur dioxide (SO2), as well as ozone precursors, such as reactive organic gas (ROG) and nitrogen oxide (NOX), would be emitted during construction activities. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance.

Construction results in the temporary generation of emissions resulting from demolition and hauling of existing hardscape, implementation of improvements, and paving. Predicted maximum daily construction-generated emissions for the proposed project are summarized in Table 4.3-1.

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Table 4.3-1. Construction-Related Emissions (Regional Significance Analysis)- Pounds/Day

Construction Year ROG NOX CO SO2 PM10 PM2.5

2019 2.63 25.48 20.16 0.03 1.80 1.35

SCAQMD Potentially Significant 75 100 550 150 150 55 Impact Threshold

Exceed Threshold? No No No No No No Source: CalEEMod version 2016.3.2. Refer to Appendix B for Model Data Outputs. Notes: The reduction/credits for construction emissions are based on measures included in CalEEMod and as required by the SCAQMD through Rule 403. This includes the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stock piles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD CEQA Handbook (Tables XI-A through XI-E) were applied.

As shown in Table 4.3-1, all criteria pollutant emissions would remain below their respective thresholds. Short-Term (Construction) Localized Emissions. In order to identify impacts to sensitive receptors, the SCAQMD recommends addressing Localized Significance Thresholds (LSTs) for construction. LSTs apply to CO, NO2, PM10, and PM2.5. The nearest sensitive receptors to the project site are residences located 575 feet (175 meters) from the Project site at the closest. LST thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. Therefore, for a conservative analysis, LSTs for receptors located at 100 meters were utilized in this analysis. For the proposed project, the appropriate source receptor area (SRA) for the localized significance thresholds is the Capistrano Valley area (SRA 21) since this area includes the project site. The Proposed Project site is less than one acre. The SCAQMD has produced look-up tables for projects that disturb 1-acre, 2-acre, and 5-acre. Therefore, the LST threshold value for a 1-acre was used from the LST lookup tables. The SCAQMD’s methodology clearly states that “off-site mobile emissions from a project should not be included in the emissions compared to LSTs.” Therefore, for purposes of the construction LST analysis, only emissions included in the CalEEMod “on-site” emissions outputs were considered. Table 4.3-2 presents the results of localized emissions during construction activity. The LSTs reflect a 1-acre project site located 100 meters from the nearest sensitive receptors. Table 4.3-2. Construction-Related Emissions (Localized Significance Analysis)- Pounds/Day Activity NOX CO PM10 PM2.5 Demolition 8.60 7.69 0.54 0.51 Site Preparation 8.91 4.14 0.57 0.36 Paving 7.84 7.14 0.4 0.41 SCAQMD Localized Screening Threshold 108 1,234 24 8 (Adjusted for 1 acre of disturbance at 100 meters)

Exceed Threshold? No No No No

Source: CalEEMod version 2016.3.2. Refer to Appendix B for Model Data Outputs. Notes: The reduction/credits for construction emissions are based on measures included in CalEEMod and as required by the SCAQMD through Rule 403. This includes the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stock piles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Reductions percentages from the SCAQMD CEQA Handbook (Tables XI-A through XI-E) were applied.

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Table 4.3-2 shows that the emissions of these pollutants on the peak day of construction would not result in significant concentrations of pollutants at nearby sensitive receptors.

Long-Term (Operational) Emissions. Long-term air emission impacts are those associated with any change in permanent use of the project site by on-site stationary and off-site mobile sources that substantially increase emissions.

The project proposes Verdugo Street beautification improvements within and adjacent the road right-of-way with no expansion of roadway vehicular capacity. The Project would not change the permanent use of the project site by any on-site stationary or off- site mobile sources. No long-term (operational) emissions impacts would occur and no long-term operational localized impacts would occur.

Less Than Significant Impact. Construction activities would involve the use of a variety of gasoline- or diesel-powered equipment that emits exhaust fumes and generates dust during soil disturbance. These temporary air quality impacts could negatively affect sensitive receptors in the project area, which is considered a potentially significant impact. As previously described, SCAQMD staff has developed the LST methodology that can be used by public agencies to determine whether or not a project may generate significant adverse localized air quality impacts during construction. As shown under Section 4.3 (b), all LSTs would remain below their respective thresholds; therefore, project construction activities would not significantly impact sensitive receptors. As Previously described, the Project does not include any on-site stationary or off-site mobile sources. No long-term (operational) emissions impacts would occur and no long- term operational localized impacts would occur. Sensitive receptors would not be exposed to substantial pollutant concentrations. This is a less than significant impact.

(d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?

Less Than Significant Impact. SCAQMD’s CEQA Air Quality Analysis Handbook identifies various secondary significance criteria related to odorous air contaminants. Substantial odor-generating sources include land uses such as agricultural activities, feedlots, wastewater treatment facilities, landfills, or heavy manufacturing uses. The Project does not propose any such uses or activities that would result in potentially significant odor impacts. Some objectionable odors may emanate from the operation of diesel-powered construction equipment during construction of the proposed Project. However, these odors would be limited to the construction period and would disperse quickly; therefore, these odors would not be considered a significant impact.

No significant impacts related to objectionable odors would result from the proposed project, and no mitigation is required.

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Less Than Significant 4.4 BIOLOGICAL RESOURCES Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

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, (a) policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or (b) regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, (c) vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established (d) native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting

(e) biological resources, such as a tree preservation policy or

ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or (f) other approved local, regional, or state habitat conservation plan?

Impact Analysis:

(a) Would the project 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 Wildlife or U.S. Fish and Wildlife Service?

Less Than Significant with Mitigation. The approximately .71-acre project site is an existing roadway located within an urban area of the City of San Juan Capistrano. The project site is currently characterized by pavement and limited ornamental landscape in the form of several street trees (Liquidambar styracifula) in tree pockets and low shrubs in narrow planters’ adjacent commercial establishments. Two mature palm trees are located at the west end plaza area adjacent the parking structure. The Landscape Concept Plan calls for removal and replacement of several small trees along Verdugo Street with London plane trees (8) trees, Crape myrtle trees (3) and planter pots, with the palm trees to be preserved in place.

There are no known sensitive species or habitats on site (including special-status raptors) as identified on local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or the United States Fish and Wildlife Service (USFWS).

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Construction. Construction of the proposed Project may include removal and replacement of several trees. Although the removal of on-site non-native trees is not considered a significant unavoidable impact, bird species could potentially use the non- native ornamental trees on the project site during the likely active breeding season (February 15–August 15) for this species. As such, the Project would be required to implement Mitigation Measure BIO-1, which requires preconstruction clearance surveys for active bird nesting and restrictions for tree removals in compliance with the Migratory Bird Treaty Act (MBTA). Therefore, compliance with Mitigation Measure BIO-1 would reduce potential construction impacts to on-site nesting birds to a less than significant level.

Operation. Implementation of the proposed Project would result in an increase in on-site ornamental vegetation, trees and shrubs that could potentially support limited levels of wildlife, as compared with existing conditions. Therefore, implementation and operation of the proposed project would potentially provide additional limited habitat for bird species, and no adverse impacts to candidate, sensitive, or special-status species would occur. No mitigation would be required.

In summary, the proposed project would not result in impacts to or adversely affect natural habitats, natural plant communities, special-status plant or animal species, or drainages subject to the jurisdiction of the United States Army Corps of Engineers (Corps), the CDFW, or the Regional Water Quality Control Board (RWQCB). In addition, the proposed project would not significantly affect wildlife movement, nor would it eliminate or otherwise adversely impact any wildlife movement corridor. Therefore, the proposed project would not cumulatively contribute to the biological resource impacts, when considered with other projects in the project vicinity, and no mitigation would be required.

Mitigation Measures:

BIO-1 Migratory Bird Treaty Act. In the event that construction activities occur during the breeding season (February 15–August 15), the Applicant shall retain a qualified biologist to conduct a nesting bird survey within 5 days prior to commencement of construction activities. The nesting bird survey shall identify and document active nesting within 100 feet of the construction limits. If nesting birds are discovered during preconstruction surveys, the biologists shall identify an appropriate buffer (i.e., up to 500 feet depending on the circumstances and specific bird species) where no construction activities or other disturbances are allowed to occur until after the birds have fledged from the nest. Prior to commencement of grading activities and issuance of any building permits, the City of San Juan Capistrano Director of Development Services, or designee, shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.

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(b) Would the project 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 Wildlife or U.S. Fish and Wildlife Service?

No Impact. The project site is an existing roadway located within an urban area of the City of San Juan Capistrano. There are no riparian habitats or other sensitive natural communities in the vicinity of the project site. Therefore, implementation of the proposed project would not impact any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. No mitigation would be required.

(c) Would the project 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. The project site is located within a highly urbanized area of the City and lacks any natural streams or riparian habitat. The project site does not contain any federally protected wetlands as defined by Section 404 of the Clean Water Act. Therefore, development of the project site would have no impact on federally protected wetlands, and no mitigation would be required.

(d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

No Impact. The project site is an existing roadway within an urbanized area of the City. Within the vicinity of the project site, there are no large areas of natural habitat that would facilitate wildlife movement. The site is not near any wildlife corridor or native wildlife nursery site. No impact on movement of any native resident or migratory fish or wildlife species would occur.

(e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

No Impact. The project site contains several existing street trees along the south side of Verdugo Street near the intersection with Camino Capistrano. These trees will be removed during construction and Project implementation and replaced with a greater number of trees than the current condition. The City will specify the type of replacement trees and landscaping. As a beautification project for an existing public roadway, the Project does require approval of a tree removal permit, as specified in the City’s Municipal Code (Section 9-2.349(c)(5), Tree Removal Permit for city facilities and right- of-way. The proposed Project would not result in adverse impacts related to local policies or ordinances protecting biological resources during construction, and no impact would occur.

(f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or state habitat conservation plan?

No Impact. The project site is an existing roadway within the urbanized Town Center of

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San Juan Capistrano. The project site located in an area identified as “developed” and outside of the designated habitat reserve as identified in the Orange County HCP/NCCP. As such, development of the proposed Project would not result in the removal of any sensitive habitat species identified in the Orange County NCCP/HCP. Therefore, the proposed Project would result in no impact related to potential conflicts with the goals and policies outlined in the Orange County HCP/NCCP.

Less Than Significant 4.5 CULTURAL RESOURCES Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

Cause a substantial adverse change in the significance of a (a) historical resource pursuant to §15064.5? Cause a substantial adverse change in the significance of an (b) archaeological resource pursuant to §15064.5? Disturb any human remains, including those interred outside of (c) dedicated cemeteries?

Impact Analysis:

(a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?

No Impact. On January 31, 2019, a record search to identify previously recorded prehistoric and historic cultural resources within one-eight-mile (0.125)-mile of the project area was conducted at the South-Central Coastal Information Center (SCCIC) of the California Historical Resources Information System at California State University, Fullerton. The SCCIC houses the pertinent archaeological and historic site and survey information necessary to determine whether cultural resources are known to exist within the project area. The records search included a review of all recorded historic and prehistoric archaeological sites within the one-eight-mile (0.125)-mile radius of the project site, as well as a review of known cultural resource survey and excavation reports. The National Register of Historic Places (NRHP), the California Register of Historical Resources (California Register), California Historical Landmarks, and the California Points of Historical Interest were also examined.

The records search showed that a total of 20 cultural resources investigations have been conducted within the one-eight-mile records search radius. The records search results show that 54 cultural resources have been previously recorded within the one-eight-mile records search radius, including 14 archeological sites, 9 isolated artifacts, and 30 buildings and structures. None of these previously recorded resources on file at the SCCIC are in or adjacent to the project site. The records search also noted 86 buildings, structures, and streets in San Juan Capistrano as part of the California Historic Property Data File (HPDF). Of these 86 features, the Combs House listed at 26720 Verdugo Road along the southside of Verdugo Street, where the present Regency Theatre is now located, is the only feature within the project site. However, the Combs House was likely demolished in order to build the theatre. Therefore, the proposed project would not result in any impacts related to historical resources, and no mitigation would be required.

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(b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?

Less Than Significant With Mitigation Incorporated. As described further in Section 4.5 (a), a records search to identify previously recorded prehistoric and historic cultural resources and cultural resource surveys within one-eight-mile (0.125) of the project area were conducted at the SCCIC of the California Historical Resources Information System at California State University, Fullerton. The records search showed that 20 cultural resources investigations have been conducted within one-eight-mile (0.125) of the project area. The records search revealed that no previously recorded resources on file at the SCICC are in or adjacent to the project site.

Although no cultural resources were identified by the record search or pedestrian survey, the Cultural Resources Assessment concluded that due to the project site’s location within the City (approximately 0.5 mile north of the San Juan Creek, approximately .05 mile from Mission San Juan Capistrano, and 2.9 miles from the coast in an area near recorded prehistoric and historic resources) there is potential for subsurface archaeological deposits below the ground surface. Consequently, Mitigation Measure CUL-1 requires that an archaeological monitor be on site during ground-disturbing activities to monitor for buried prehistoric or historic material. Mitigation Measure CUL- 2 includes procedures for recovering any significant or unique archaeological resources and for preparation of a report that documents the monitoring and any recovery at the project site. Implementation of Mitigation Measures CUL-1 and CUL-2 would reduce any potential impacts to previously undiscovered archaeological resources to a less than significant level.

At the completion of project construction, the proposed Project would not result in further disturbance of native soils on the project site. Therefore, operation of the proposed Project would not result in a substantial adverse change in the significance of an archaeological resource as defined in Section 15064.5 of the State CEQA Guidelines.

Mitigation Measures:

CUL-1: Archaeological Monitor. Prior to issuance of grading permits, and in adherence to the recommendations of the cultural resources records search, the City shall retain a qualified archaeological monitor. Monitoring by a qualified archaeologist should be conducted under the supervision of an Orange County Certified archaeologist and by a Native American monitor from one of the Juañeno groups recognized by the Native American Heritage Commission (NAHC). Monitoring will be conducted in accordance with the City of San Juan Capistrano’s Council Policy 601 on historic, archaeological, and paleontological resource management.4 The monitor shall be present on the project site during ground-disturbing activities to monitor rough and finish grading, excavation, and other ground-disturbing activities in the native soils. Because no cultural resources were identified on the project site, archaeological monitors are not required to be present on a full-time basis

4 City of San Juan Capistrano. (2017). Council Policy 601. Available at: http://sanjuancapistrano.org/Portals/0/CouncilPolicy601_1.pdf. Accessed on March 4, 2019.

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but shall spot check ground-disturbing activities to ensure that no cultural resources are impacted during construction activities. The exact timing of monitoring activities shall be consistent with the provisions established in the Monitoring Plan, which is required as part of Mitigation Measure CUL-2.

CUL-2: Archaeological Monitoring Plan and Accidental Discovery. Prior to commencement of any grading activities on site, the Applicant shall retain a qualified archaeologist to prepare a Monitoring Plan. The Monitoring Plan shall be prepared by a qualified archaeologist and shall be reviewed by the City Development Services Director, or designee. The Monitoring Plan should include at a minimum: (1) a list of personnel involved in the monitoring activities; (2) a description of how the monitoring shall occur; (3) a description of the frequency of monitoring (e.g., full-time, part-time, spot checking); (4) a description of what resources may be encountered; (5) a description of circumstances that would result in the halting of work at the project site (e.g., what is considered a “significant” archaeological site); (6) a description of procedures for halting work on site and notification procedures; and (7) a description of monitoring reporting procedures. If any significant historical resources, archaeological resources, or human remains are found during monitoring, work shall be stopped within the immediate vicinity (precise area to be determined by the archaeologist in the field) of the resource until such time as the resource can be evaluated by an archaeologist and any other appropriate individuals. Project personnel shall not collect or move any archaeological materials or human remains and associated materials. To the extent feasible, project activities shall avoid these deposits. Where avoidance is not feasible, the archaeological deposits shall be evaluated for their eligibility for listing on the California Register of Historic Places. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, adverse effects on the deposits must be avoided, or such effects must be mitigated. Mitigation can include, but is not necessarily limited to: leaving the deposits in place, excavation of the deposit in accordance with a data recovery plan (see California Code of Regulations [CCR] Title 4(3) Section 5126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; an interpretive display of recovered archaeological materials at a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials.

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The monitoring report shall be prepared consistent with the guidelines of the Office of Historic

Preservation’s Archaeological Resources Management Reports (ARMR): Recommended Contents and Format. The City Development Services Director, or designee, shall be responsible for reviewing any reports produced by the archaeologist to determine the appropriateness and adequacy of the findings and recommendations.

Less Than Significant With Mitigation Incorporated. No formal cemeteries are located in or near the project area and no human remains have been reported in the project vicinity, based on the records search from the SCICC. Therefore, due to the nature of the proposed Project as a street beautification project, the existing developed stated of the project site, and the depth of excavation the proposed Project has minimal potential to disturb human remains. However, there remains the potential for the discovery of buried and undiscovered archaeological remains, including human remains, below ground surface in portions of the project site. Disturbing human remains could violate the State’s Health and Safety Code, as well as destroy the resource. As such, precautionary mitigation is required to ensure that the proposed Project does not impact or disturb any human remains.

Mitigation Measure CUL-4 requires that the proper authorities would be notified and that standard procedures for the respectful handling of human remains during the earthmoving activities would be adhered to in the unlikely event that human remains are encountered during project excavation and/or grading. Construction contractors are required to adhere to California Code of Regulations (CCR) Section 15064.5(e), Public Resources Code (PRC) Section 5097, and Section 7050.5 of the State’s Health and Safety Code. To ensure proper treatment of burials, in the event of an unanticipated discovery of a burial, human bone, or suspected human bone, the law requires that all excavation or grading in the vicinity of the find halt immediately, the area of the find be protected, and the contractor immediately notify the County Coroner of the find. The contractor, the Applicant, and the County Coroner are required to comply with the provisions of CCR Section 15064.5(e), PRC Section 5097.98, and Section 7050.5 of the State’s Health and Safety Code. Compliance with Mitigation Measure CUL-3 would ensure that any potential impacts to unknown buried human remains would be less than significant by ensuring appropriate examination, treatment, and protection of human remains as required by State law.

Mitigation Measure: CUL-3: Human Remains. Consistent with the requirements of CCR Section 15064.5(e), if human remains are encountered during site disturbance, grading, or other construction activities on the project site, the construction contractor shall halt work within 25 feet of the discovery; all work shall be redirected and the Orange County (County) Coroner notified immediately. No further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be Native American, the DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 30

County Coroner shall notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD identified by the NAHC to develop an agreement for the treatment and disposition of the remains.

4.6 ENERGY Less Than Would the project: Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact

(a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?

(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?

Impact Analysis:

(a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. Construction equipment will utilize only those amounts of electricity and fuels necessary for demolition and installation of proposed improvements. Due to the limited scale of proposed improvements to Verdugo Street and time frame for construction, it is not anticipated that wasteful, inefficient or unnecessary consumption of resources would occur. Proposed street improvements will include energy efficient lighting fixtures. Energy impacts will be less than significant. (b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. The Project proposed street improvements and no buildings or uses that would consume significant amounts of energy are proposed. Street improvements will

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include energy efficient lighting fixtures. The project has no potential to conflict with state or local plans for renewable energy or energy efficiency. Energy impacts will be less than significant.

Less Than 4.7 GEOLOGY AND SOILS. Significant Would the project: Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact

(a) Directly or indirectly cause 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 for the area or based on other substantial evidence of a known fault (refer to Division of Mines and Geology Special Publication 42).

ii) Strong seismic ground shaking?

iii) Seismic-related ground failure, including liquefaction?

iv) Landslides?

(b) Result in substantial soil erosion or the loss of topsoil?

(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? (d) Be located on expansive soil, as defined by the California Building Code (CBC), creating substantial direct or indirect risks to life or property? (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? (f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

Impact Analysis:

(a) Would the project 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 for the area or based on other substantial evidence of a known fault (refer to Division of Mines and Geology Special Publication 42)?

Less Than Significant Impact. Like all of Southern California, the project site is located in an area that is subject to strong ground shaking resulting from earthquakes on nearby faults. However, according to the Geotechnical Exploration and Design report prepared for the proposed Project, the project site is not located within an established Alquist-

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Priolo Earthquake Fault Zone and there are no active faults mapped at the site.5 The closest mapped fault to the project site is the Newport-Inglewood Fault, which is approximately 6 miles southwest of the project site. Therefore, impacts related to the rupture of a known earthquake fault as depicted on the most recent Alquist-Priolo Earthquake Fault Zoning Map are less than significant, and no mitigation would be required.

(ii) Strong seismic ground shaking?

Less Than Significant With Mitigation Incorporated. As previously stated, the project site is located in an active seismic region and could be subject to strong ground shaking as a result of seismic activity. Ground shaking resulting from earthquakes associated with nearby and more distant faults may result in the generation of moderate-to-strong shaking at the project site. The severity of the shaking would be influenced by the distance between the site and the seismic source, the soil conditions, and the depth to groundwater.

Damage to development and infrastructure associated with the surrounding areas could be expected as a result of significant ground shaking during a strong seismic event in the region. Because the proposed Project consists of a sidewalk beautification project, it would not include habitable structures, and because the seismicity of the area is a current condition of the project site and no new uses are proposed, impacts would be less than significant with adherence to recommendations from the Project specific Geotechnical Report during Design and Construction.

Mitigation Measures:

GEO-1: Compliance with Geotechnical Investigations. These studies shall be submitted for review and approval by the City of San Juan Capistrano City Engineer, or designee, to ensure that future development has been evaluated at an appropriate level of detail by a professional geologist. Prior to issuance of grading permits, the City Engineer shall confirm that all grading and construction plans incorporate and comply with the recommendations included in the Final Geotechnical Report. Design, grading, and construction shall adhere to all of the seismic requirements incorporated into the most current version of the California Building Code (CBC) and the requirements and standards contained in the applicable chapters of the City of San Juan Capistrano Municipal Code, as well as appropriate local grading regulations, and the specifications of the project geotechnical consultant.

(iii) Seismic-related ground failure, including liquefaction?

Less Than Significant Impact. Liquefaction is a phenomenon where water-saturated granular soil loses shear strength during strong ground shaking produced by earthquakes. The loss of soil strength occurs when cyclic pore water pressure increases below the groundwater surface. Potential hazards due to liquefaction include the loss of bearing strength beneath structures, possibly causing foundation failure and/or significant

5 NMG Geotechnical, Inc. (NMG). (2019). Geotechnical Exploration and Design for the Verdugo Street Beautification Project, City of San Juan Capistrano, California. January 31, 2019.

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settlements. According to the project specific geotechnical report, the project site is located within a zone of liquefaction potential. The geotechnical report also determined that groundwater is not anticipated to be encountered during the excavation of the proposed Project improvements. Additionally, the proposed Project would not construct habitable structures. Routine maintenance activities would ensure that any damage to project facilities due to seismic-related ground failure, including liquefaction is repaired. Impacts would be less than significant.

(iv) Landslides?

No Impact. According the City of San Juan Capistrano General Plan EIR the project site is not located within a known or highly suspected landslide area.6 The project site is located on relatively flat land with elevation ranging from 105 feet above mean sea level (msl) to 110 feet above msl. Due to the relatively flat characteristics of the project site and its location in an urban area outside of a suspected landslide area, no impacts due to landslides would occur.

(b) Would the project result in substantial soil erosion or the loss of topsoil?

Less Than Significant Impact. Implementation of the proposed Project would require ground-disturbing activities, such as grading, that could potentially result in soil erosion or loss of topsoil. Construction of the Proposed Project would be required to comply with the Construction General Permit, either through a waiver or through preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Best Management Practices (BMPs) are included as part of the Storm Water Pollution Prevention Plan (SWPPP) prepared for the proposed Project and would be implemented to manage erosion and the loss of topsoil during construction-related activities (see Section 4.9 Hydrology and Water Quality of this Initial Study). The Proposed Project’s grading plan would also ensure that the proposed earthwork is designed to avoid soil erosion. Impacts as a result of soil erosion or the loss of topsoil would be less than significant.

(c) Would the project 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?

Less Than Significant With Mitigation Incorporated. Please refer to the responses to Section 4.6 question a), above. No habitable structures would be constructed as part of the proposed Project. Impacts related to an unstable geological unit or soil resulting in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse would be less than significant with the implementation of mitigation measure GEO-1.

Mitigation Measures: Refer to Mitigation Measure GEO-1, above.

(d) Would the project be located on expansive soil, as defined in the California Building Code (CBC), creating substantial risks to life or property?

Less Than Significant With Mitigation Incorporated. The soils encountered in the borings consisted of artificial fill and older alluvium. The undocumented artificial fill generally

6 City of San Juan Capistrano. (1999a). San Juan Capistrano General Plan: Program Environmental Impact Report Volume 1. December 1999.

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consists of clays and clayey sands with scattered construction debris (brick and tile). According to the project specific geotechnical report the proposed Project has low to medium expansion potential. Project improvements would be designed taking into consideration the recommendations listed in the project specific geotechnical report conducted for the proposed Project by NMG Geotechnical, Inc. Impacts would be less than significant with the incorporation of mitigation measure GEO-1.

Mitigation Measures: Refer to Mitigation Measure GEO-1, above.

(e) Would the project 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 Project consists of beautification improvements to Verdugo Street and would include a new catch basin to replace the existing catch basin, thus ensuring the new curb and gutter alignment drains properly into the existing City sewer system. However, the proposed Project does not include septic tanks or alternative waste water disposal systems. No impact would occur.

(f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

Less Than Significant Impact. As part of the Cultural Resources Assessment prepared for the San Juan Capistrano Historic Town Center Master Plan Area (Master Plan), Paleontological Resources were assessed for the area within the project site. The assessment determined that the Master Plan area containing the project site is located entirely upon sediments of Quaternary Alluvium and Colluvium. These sediments are less than 10 thousand years old and were deposited by local creeks and rivers including San Juan Creek, Trabuco Creek, Oso Creek and Horno Creek. These formations were determined to be too young to contain fossils. However, at depths of 15 feet or greater below the surface, sediments of the Capistrano Formation are present. This rock unit consists of light brown to dark gray massive siltstone deposited 9-5 million years ago when the area was beneath the ocean. It has produced a wide variety of fossil marine life including whale, dolphin, walrus, sea lion, sea cow, shark, ray, fish and other animals and plants.7 The proposed Project would generally require only shallow excavations of 1’-3’, although deeper excavations from four (4) to eight (8) feet may be needed in specific locations for storm drain and water treatment basin improvements. These depths are still above the Capistrano Formation. Project excavations are not anticipated to encounter paleontological resources. A less than significant impact would occur. At the completion of project construction, the proposed project would not result in further disturbance of native soils on the project site. Therefore, operation of the proposed Project would not result in a substantial adverse change in the significance of a paleontological resource as defined in Section 15064.5 of the State CEQA Guidelines.

7 Cogstone. (2011). Cultural Resources Assessment for the San Juan Capistrano Historic Town Center Master Plan Area. August 2011.

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Less Than 4.8 GREENHOUSE GAS EMISSIONS Significant Potentially With Less Than Would the project: Significant Mitigation Significant Impact Incorporated Impact No Impact

(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?

Impact Analysis:

a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?

Less Than Significant Impact. The only source of greenhouse gas (GHG) emissions associated with the Proposed Project is from the construction phase. Construction- related activities that would generate GHGs include worker commute trips, haul trucks carrying supplies and materials to and from the Project site, and off-road construction equipment (e.g., dozers, loaders, excavators).

Projected GHG emissions from construction have been quantified and amortized over the life of the Project (amortized over 30 years pursuant to SCAQMD guidance). Project emissions are compared to the SCAQMD interim screening level numeric bright‐line threshold of 3,000 metric tons of carbon dioxide equivalent (CO2e) annually. If it is determined that the proposed project is estimated to exceed this screening threshold, it will then be compared to the SCAQMD-recommended efficiency-based threshold of 4.8 metric tons of CO2e per service population per year in 2020, and 3.0 metric tons of CO2e per service population per year in 2035.

Table 4.8-1 illustrates the specific construction-generated GHG emissions that would result from construction of the Project.

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Table 4.8-1. Construction-Related Greenhouse Gas Emissions- Metric Tons/Year Emissions Source

Total Construction Activity 121

Construction Amortized over 30 Years 4

SCAQMD Screening Threshold 3,000

Exceed Threshold? No

As shown in Table 4.8-1, Project construction would result in the generation of approximately 121 metric tons of CO2e over the course of construction. Amortized construction emissions equate to 4 metric tons of CO2e per year. Neither value would exceed the SCAQMD’s interim screening level numeric bright‐line threshold of 3,000 metric tons of CO2e annually. Therefore, the impact is less than significant.

b. Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

Less Than Significant Impact. The Proposed Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Construction emissions for the Proposed Project are expected to be below the SCAQMD emissions of 3,000 metric tons a year. A less than significant impact would occur.

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Less Than 4.9 HAZARDS AND HAZARDOUS MATERIALS Significant Potentially With Less Than Would the project: Significant Mitigation Significant No Impact Incorporated Impact Impact

Create a significant hazard to the public or the environment

(a) through the routine transport, use or disposal of hazardous

materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions (b) involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely

mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section (d) 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 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 (e) airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an

(f) adopted emergency response plan or emergency evacuation

plan?

Expose people or structures, either directly or indirectly, to a (g) significant risk of loss, injury or death involving wildland fires?

Impact Analysis:

(a) Would the project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?

No Impact. Hazardous materials are chemicals that could potentially cause harm during an accidental release or mishap, and are defined as being toxic, corrosive, flammable, reactive, and an irritant or strong sensitizer.20 Hazardous substances include all chemicals regulated under the United States Department of Transportation “hazardous materials” regulations and the United States Environmental Protection Agency (EPA) “hazardous waste” regulations. Hazardous wastes require special handling and disposal because of their potential to damage public health and the environment. The probable frequency and severity of consequences from the routine transport, use, or disposal of hazardous materials is affected by the type of substance, the quantity used or managed, and the nature of the activities and operations.

Construction. Potentially hazardous materials that could be used during construction activities would include a limited amount of hazardous and flammable substances/oils (e.g., fuels, lubricants, and solvents) typical during heavy equipment operation for site grading and construction. The amount of hazardous chemicals present during construction is limited and would be in compliance with existing government regulations, such as the Hazardous Materials Transportation Act, the Resource Conservation and

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Recovery Act, and the California Code of Regulations (Title 22). The potential for the release of hazardous materials during project construction is low and, even if a release would occur, it would not result in a significant hazard to the public, surrounding land uses, or environment due to the small quantities of these materials associated with construction vehicles. Therefore, impacts with respect to hazardous materials use and storage during construction would be less than significant, and no mitigation would be required.

Operation. With completion of Project improvements, Verdugo Street will continue to operate in much the same manner as it currently does. The Project will not involve any significant change in the use and storage of quantities of potentially hazardous materials (e.g., fuels, solvents, fertilizers, and pesticides) for roadway and landscape maintenance purposes. Operation of the proposed Project as a local street would not require the storage, transportation, generation, or disposal of large quantities of hazardous substances.

Therefore, no impacts associated with transportation, use or disposal of hazardous materials would occur.

(b) Would the project 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?

Less Than Significant. On-site storage and/or use of large quantities of hazardous materials capable of affecting soil and groundwater are not proposed. However, during construction some hazardous materials, such as diesel fuel, would be used. A SWPPP, listing BMPs to prevent construction pollutants and products from violating any water quality standard or waste discharge requirements would be prepared for the proposed Project. The potential risk associated with accidental discharge during use and storage of equipment-related hazardous materials would be low since the handling of such materials would be addressed through the implementation of BMPs. With the implementation of BMPs, the proposed Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material.

In the unlikely event that construction workers encounter underground tanks, gases, odors, uncontained spills, or other unidentified substances, the Orange County Fire Authority (OCFA) would be contacted to determine next steps regarding site status, sampling, and disposal of the substance consistent with local, State, and federal regulations.

(c) Would the project 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. Portions of three schools are located within 0.25-mile of the Verdugo Street Project Site. These schools are identified below:

• Mission Basilica School (located approximately 1,000 feet north of the project site)

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• Capistrano-Laguna Beach ROP (located approximately 1,250 feet northeast of the project site) • Junipero Serra High School (located approximately 1,300 feet north of the project site)

Construction. Project construction activities may involve the onsite use of small amounts of hazardous materials such as fuels, lubricants, and solvents. Compliance with various federal, State, and local regulations related to hazardous materials use, storage, transportation, and disposal is expected to reduce the risk of a spill or accidental release of hazardous materials to a less than significant level.

Construction of the proposed project would also include the use of construction equipment that would generate dust and particulate matter during site preparation activities within 0.25 mile of existing schools. These fugitive dust emissions would occur during construction of the proposed project as a result of grading and the exposure of soils to air and wind. However, in order to reduce fugitive dust emissions, the project would be required to comply with South Coast Air Quality Management District (SCAQMD) standard conditions and Rule 403. These required dust suppression techniques would reduce fugitive dust generation and would reduce construction impacts resulting from hazardous emissions within 0.25 mile of an existing or proposed school to a less than significant level during construction activities. Operation. Although the project site is located within 0.25 mile of several existing schools, continued operation of Verdugo Street would not result in the production of hazardous emissions or handling of significant amounts of hazardous materials. Therefore, operation of the roadway would not emit hazardous emissions or involve handling of hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school during operation. Impacts are considered less than significant. (d) Would the project be located on a site which is included on a list of hazardous materials sites complied 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. A review of the Department of Toxic Substances Control’s Hazardous Waste and Substances List (Cortese List) indicated that the project site is not located on any identified hazardous materials sites.8 Additionally, a review of the State Water Resources Control Board’s Leaking Underground Storage Tank (LUST) Geotracker database indicated that there are no listed hazardous material sites within the project vicinity.9 No impact would occur.

(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?

8 Department of Toxic Substances Control (DTSC). 2019. Hazardous Waste Substances List (Cortese List). Available at: http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm. Accessed on March 5, 2019.

9 State Water Resources Control Board (SWRCB). 2019. Geotracker Database. Available at: http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=san+juan+capistrano. Accessed on March 5, 2019.

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No Impact. No residents would reside within the Project limits and no workers will occupy the site following construction of the street improvements. The closest airport to the project site is John Wayne Airport, located approximately 16 miles northwest of the project site. Therefore, given the nature of the Project and distance of airports from the project site, the proposed project would not create a safety hazard to persons or workers in the area.

(f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

Less Than Significant. The City’s General Plan Safety Element (2002) identifies and evaluates natural hazards associated with seismic activity, landslides, flooding and fire within the City. The General Plan Safety Element establishes goals for each of the City departments to provide responsible planning aimed at reducing impacts with respect to loss of life, injuries, damage to property and other losses associated with disasters, such as those resulting from seismic activity, flooding, and fires. According to the City’s map of evacuation routes, Verdugo Street is not identified as a potential evacuation route in the event of an emergency.

Construction. The proposed project does not include any characteristics (e.g., permanent road closure or long-term blocking of road access) that would physically impair or otherwise conflict with the City’s Emergency Preparedness Plan; however, the project may require temporary lane closures on Verdugo Street to accommodate utility connections. Temporary lane closures would be implemented consistent with the recommendations of the Work Area Traffic Control Plan 2016 edition--` and Manual. In addition, to ensure adequate emergency access, the City will prepare and implement a Construction Staging and Traffic Management Plan (TMP) for approval by City of San Juan Capistrano City Engineer, or designee. The TMP would require provision of devices to alert traffic (i.e., providing warning signs and lights) and would require that the Orange County Sheriff’s Department be notified a minimum of 24 hours in advance of any lane closures or roadway work. The Construction Staging and Traffic Management Plan shall include, but not be limited to, the following:

• Temporary lane closures shall be implemented consistent with the recommendations of the California Joint Utility Traffic Control Manual (February 2014).

• Flag persons in adequate numbers shall be provided to minimize impacts to traffic flow and to ensure safe access into and out of the site. • Flag persons shall be trained to assist in emergency response by restricting or controlling the movement of traffic that could interfere with emergency vehicle access. • All emergency access to the project site and adjacent areas shall be kept clear and unobstructed during all phases of construction. • Safety precautions shall be provided for pedestrians and bicyclists through such measures as alternate routing and protection barriers. • Construction-related deliveries, other than concrete and earthwork- related deliveries, shall be scheduled so as to reduce travel during peak DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 41

travel periods (i.e., 6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m. Monday through Friday). • Construction vehicles, including construction personnel vehicles, shall park on the project site or nearby surface parking lots. • Construction vehicles shall not stage or queue where they interfere with pedestrian and vehicular traffic or block access to nearby businesses. • If feasible, any traffic lane closures shall be limited to off-peak traffic periods, as approved by the City of San Juan Capistrano Department of Public Works and Utilities. • The Orange County Sheriff’s Department (OCSD) shall be notified a minimum of 24 hours in advance of any lane closures or other roadway work. • The Orange County Transportation Authority (OCTA) shall be notified a minimum of 24 hours in advance of any lane closures or other roadway work.

With implementation of the City’s TMP, no impacts related to emergency response and evacuation plans associated with construction of the proposed project would occur.

Operation. The emergency management plans for the City, in conjunction with the emergency plan for the County, may be activated and directed by a number of individuals within the City or County, including, but not limited to, the City Manager, the Fire Chief, and the Police Chief. Roads that are used as response corridors/evacuation routes usually follow the most direct path to or from various parts of a community, although emergency response vehicles may choose to use a variety of routes to access surrounding areas. Del Obispo Street is identified as a primary evacuation route in the City. As with current conditions on Verdugo Street, the Project will comply with all applicable codes and ordinances for emergency vehicle access, which would ensure adequate access to, from, and on site for emergency vehicles. Adherence to these codes and ordinances would ensure that continued use of Verdugo Street would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and no operational impacts would occur.

(g) Would the project 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?

No Impact. The project site is located in an urbanized area. The project site is surrounded by adjacent commercial uses to the north and south, Camino Capistrano to the east, and the Metrolink rail line to the west.

The project site is not adjacent to any wildland areas. According to the City’s General Plan Safety Element, the project site is not located in an area identified as a Wildland Fire Area that may contain substantial fire risk or a Very High Fire Hazard Severity Zone. According to the California Department of Forestry and Fire Protection (CalFire), the project site is not located in a fire hazard area.25 As a result, the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires.

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Therefore, no impacts are anticipated, and no mitigation would be required.

4.10 HYDROLOGY AND WATER QUALITY

Less Than Would the project: Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact

Violate any water quality standards or waste discharge (a) requirements or otherwise substantially degrade surface or ground water quality?

(b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?

Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, (c) or through the addition of impervious surfaces in a manner that would:

i) Result in substantial erosion or siltation on- or off-site;

ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;

iii) 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; or iv) Impede or redirect flood flows?

In flood hazard, tsunami, or seiche zones, risk release of pollutants (d) due to project inundation? Conflict with or obstruct implementation of a water quality control (e) plan or sustainable groundwater management plan?

Impact Analysis:

(a) Would the project violate any water quality standards or waste discharge requirements?

Less Than Significant Impact. The proposed Project consists of street beautification improvements and does not include 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.

Potential water quality impacts associated with the proposed Project include short-term construction-related erosion/sedimentation and construction-related hazardous material discharge.

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Although the area of ground disturbance affected by the construction of the proposed Project would not exceed one acre, development of the proposed Project would abide by requirements of the statewide National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activity (Order 98-08 DWQ), and as such would prepare a Stormwater Pollution Prevention Plan (SWPPP). Impacts associated with construction-related hazardous materials would be avoided or reduced to a level below significance through implementation of standard construction operating procedures and conformance with the NPDES requirements. Impacts would be less than significant.

(b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?

No Impact. According to the project specific geotechnical report, groundwater was not encountered during the subsurface investigation to a maximum depth of 16.5 feet, and local groundwater data indicates groundwater is generally deeper than 20 feet bgs. Because excavation activities would not reach this depth, groundwater is not anticipated to be encountered during the excavation of the proposed improvements. As such, groundwater dewatering would not be required during construction. Additionally, water would be provided to the project by the City’s Utilities Department, and groundwater extraction is not proposed as part of the project. Therefore, no impacts related to depletion of groundwater supplies or interference with groundwater recharge during construction would occur and no mitigation would be required.

(c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces in a manner that would:

i) Result in substantial erosion or siltation on- or off-site;

Less Than Significant Impact. Implementation of the proposed Project would require grading and other ground-disturbing activities that could potentially result in soil erosion or loss of topsoil. Construction of the Proposed Project would be required to comply with the Construction General Permit, either through a waiver or through preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Best Management Practices (BMPs) are included as part of the Storm Water Pollution Prevention Plan (SWPPP) prepared for the proposed Project and would be implemented to manage erosion and the loss of topsoil during construction-related activities. The Proposed Project’s grading plan would also ensure that the proposed earthwork is designed to avoid soil erosion. Impacts as a result of soil erosion or the loss of topsoil would be less than significant.

ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;

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iii) 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;

Less Than Significant Impact. The Proposed Project would continue its existing use and is not anticipated to exceed the capacity of existing or planned stormwater systems. Impacts to the existing stormwater drainage system would be less than significant. The Project would abide by requirements of the statewide National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activity (Order 98-08 DWQ), and as such would prepare a Stormwater Pollution Prevention Plan (SWPPP). Impacts would be less than significant.

iv) Impede or redirect flood flows?

No Impact. According to the Flood Insurance Rate Map for the project site (Panel Nos. 06059C0443J), the project area is located within Flood Zone X.10 Flood Zone X is described as areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. (Federal Emergency Management Agency [FEMA] 2019). The proposed Project would improve drainage along Verdugo Street and include a catch basin feature. Drainage patterns would remain similar to existing conditions. The new catch basin is proposed to replace the existing catch basin, along with new curb and gutter alignments that would ensure proper drainage within the entire Project limits. No impact would occur.

(d) Would the project in flood hazard areas, tsunami, or seiche zones, risk release of pollutants due to project inundation?

No Impact. The Project is not within a flood hazard area. Approximately 3.0 miles from the Pacific Ocean, the Project is not within a tsunami zone. The Project is not near any large body of water susceptible to seiche conditions. The project site is located approximately one- half (1/2) of a mile west of San Juan Creek and 4 miles downstream of the Trampas Canyon Reservoir. According to the FEMA FIRM No. 06059C0443J (December 3, 2009) and the City’s General Plan Safety Element (December 1999), the project site is not located within the inundation area of a levee or dam, including the San Juan Creek levees or Trampas Canyon Dam.11 Therefore, the project would not risk release of pollutants due to inundation. No impact would occur.

(e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?

Less Than Significant Impact. Refer to Section 4.10 (a), above. The City will implement a SWPPP listing BMPs to prevent construction pollutants and products from violating any water quality standards. Based on the depth to groundwater and shallow depth of

10 Federal Emergency Management Agency (FEMA). 2009. National Flood Insurance Program: Flood Insurance Rate Map 06059c0443J. Map Revised December 3, 2009.

11 City of San Juan Capistrano. 1999b. General Plan

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excavation for project related improvements, groundwater dewatering would not be required during construction. During operation the project would continue an existing use and it is anticipated that no substantial new pollutants would be introduced. Due to the depth to groundwater, it is unlikely that pollutants generated during construction or operation would reach groundwater. Therefore, the Project would not conflict or obstruct with a water quality control plan or sustainable groundwater management plan. A less than significant impact would occur.

Less Than 4.11 LAND USE AND PLANNING Significant Potentially With Less Than Would the project: Significant Mitigation Significant No Impact Incorporated Impact Impact

(a) Physically divide an established community?

(b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

Impact Analysis:

(a) Would the project physically divide an established community?

No Impact. The project site consists of an existing local street in the City’s Town Center District. The project site is bordered by adjacent commercial uses (theater, restaurants, winery, retail uses) on the north and south sides of the street, Camino Capistrano to the east, and the Metrolink station and rail line to the west.

Improvements proposed as part of the Project include features that would enhance the pedestrian experience along Verdugo Street, while maintaining vehicular use and movement. Therefore, construction and implementation of the Project not result in the physical division of an established community, and no mitigation would be required.

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(b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

No Impact. The project site is a local street within the City’s Historic Town Center Master Plan (October 2010) area. Verdugo Street and the Capistrano Depot are identified in the Historic Town Center Master Plan as an area to be revitalized with improvements to the pedestrian connectivity, streetscape and landscape. The Project would implement this vision for the Verdugo Street segment. The Project is consistent with General Plan Community Design Element (May 2002) policies that encourage “a human-scale downtown area which encourages people to walk and interact”, and encourage “use of plazas, patios and arcades’.

The Project site is located within the City’s Town Center Zoning District (TC). The Project is consistent with the TC District Streetscape/Public Realm standards to provide streetscape in support of high pedestrian activity and wide sidewalks to accommodate outdoor dining while providing for comfortable strolling. The Project is not located within a local coastal program area.

Therefore, the Project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and no mitigation is required.

Less Than 4.12 MINERAL RESOURCES Significant Potentially With Less Than Would the project: Significant Mitigation Significant No Impact Incorporated Impact Impact

(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? (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?

Impact Analysis:

(a) Would the project 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. In 1975, the California Legislature enacted the Surface Mining and Reclamation Act which, among other things, provided guidelines for the classification and designation of mineral lands. Areas are classified on the basis of geologic factors without regard to existing land use and land ownership. The mineral land areas are categorized into the following four Mineral Resource Zones (MRZ):

• MRZ-1: An area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence.

• MRZ-2: An area where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood exists for their

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presence. • MRZ-3: An area containing mineral deposits, the significance of which cannot be evaluated. • MRZ-4: An area where available information is inadequate for assignment to any other MRZ zone.

As noted previously, the Project is located within the City’s Historic Town Center Master Plan area. According to the Historic Town Center Master Plan EIR (11/1/11), there are no known mineral resources of value to the region and residents of the State within the limits of development of the Historic Town Center.

(b) Would the project 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. The Project is located within the City’s Historic Town Center Master Plan area. According to the Historic Town Center Master Plan EIR (11/1/11), there are no locally important mineral resource recovery sites delineated on the local general plan, or in any specific plan, or other land use plan affecting the Historic Town Center Master Plan area. Therefore, implementation of the proposed Verdugo Street Project would not result in a significant impact related to the loss of availability of a locally important mineral resource recovery site.

Less than 4.13 NOISE Significant Potentially With Less than Would the project result in: Significant Mitigation Significant No Impact Incorporated Impact Impact

(a) Result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (b) Result in generation of excessive groundborne vibration or

groundborne noise levels? (c) For a project located within the vicinity of a private airstrip or 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? Discussion

Some land uses are considered more sensitive to intrusive noise than others due to the amount of noise exposure and the types of activities typically involved at the receptor location. Noise exposure at these sensitive receptors is predicated on the magnitude and frequency of said noise event, exposure duration, and exterior-to-interior sound attenuation. Residences, schools, motels and hotels, libraries, religious institutions, hospitals, nursing homes, and parks are generally more sensitive to noise than commercial and industrial land uses. The closest sensitive receptors to the project site include Mission San Juan Capistrano to the northeast and the residences west of the project site.

The applicable noise standards governing the project site are the criteria in the City of San Juan Capistrano’s Noise Element of the General Plan (Noise Element) and Section 9-

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3.531 of the City’s Municipal Code.

General Plan. California Government Code Section 65302(g) requires that a noise element be included in the General Plan of each county and city in the State. The Noise Element (1999) of the City of San Juan Capistrano General Plan is intended to identify sources of noise and provide objectives and policies that ensure that noise from various sources does not create an unacceptable noise environment. Overall, the City’s Noise Element describes the noise environment (including noise sources) in the City, addresses noise mitigation regulations, strategies, and programs, as well as delineating federal, State, and City jurisdiction relative to rail, automotive, aircraft, and nuisance noise.

The City’s noise standards are correlated with land use categories in order to maintain identified ambient noise levels and to limit, mitigate, or eliminate intrusive noise that exceeds the ambient noise levels within a specified zone. The City uses the community noise compatibility guidelines established by the State Department of Health Services as a tool for use in assessing the compatibility of various land use types with a range of noise levels. These guidelines are set forth in the City’s General Plan Noise Element in terms of the CNEL.

Municipal Code. Section 9-3.531 (d), Special Provisions, of the City’s Municipal Code specifies that construction activities that occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, or from 8:30 a.m. to 4:30 p.m. on Saturday, shall be exempted from these provisions. No construction shall be permitted outside of these hours or on Sundays and federal holidays.

Impact Analysis:

(a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

Less than Significant Impact. Noise generated by the construction of the proposed Project would be temporary and no permanent noise sources would be created. Construction activities would take place within permitted hours (7:00 A.M. to 6:00 P.M. Monday through Friday, and 8:30 A.M. to 4:30 P.M. Saturdays) per the City of San Juan Capistrano Municipal Code Section 9-3.531 (d), Special Provisions. The proposed project would continue an existing use; therefore, operational noise levels are anticipated to be similar to existing conditions. Impacts would be less than significant.

(b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?

Less than Significant Impact. The proposed Project would introduce temporary groundborne vibrations and noise levels in the project vicinity related to the use of construction equipment. The potential impacts would diminish with distance. There are no sensitive receptors located within 25 feet of the site that would otherwise be affected by vibration.12 Additionally, construction activities would be restricted to day time hours consistent with the City of San Juan Capistrano Municipal Code requirements, thereby eliminating potential vibration impacts during the sensitive nighttime hours. The

12 Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment. DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 49

vibration from the use of construction equipment would cease at the completion of daily construction activities. A less than significant impact would occur.

(c) For a project located within the vicinity of a private airstrip or 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. There are no private airstrips within the vicinity of the project site. The closest airport to the project site is John Wayne Airport located approximately 16 miles to the north of the project site. The project site is not located within a Noise Impact Zone for John Wayne Airport.13 As such, no impact would occur. Less Than Significant 4.14 POPULATION AND HOUSING Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

(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 people or existing housing,

necessitating the construction of replacement housing elsewhere?

Impact Analysis:

(a) Would the project 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 Project proposes street beautification measures designed to revitalize and enhance the pedestrian experience. No additional road capacity is proposed. The Project is not of a type or scale that would induce substantial growth, either directly or indirectly. No impact would occur.

(b) Would the project displace substantial numbers of people or existing housing, necessitating the construction of replacement housing elsewhere?

No Impact. The Project is a street beautification project. No people or housing would be displaced, and no mitigation would be required.

13 Orange County Airport Land Use Commission (ALUC). 2008. Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport. Amended April 17, 2008.

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Less Than Significant 4.15 PUBLIC SERVICES. Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact

(a) Result in substantial adverse physical impacts associated with the provision of 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:

i) Fire Protection?

ii) Police Protection?

iii) Schools?

iv) Parks?

v) Other public facilities?

Impact Analysis:

(a) (i). Would the project result in substantial adverse physical impacts associated with the provision of or 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 fire protection?

No Impact. Fire protection services in the Project area are provided by the Orange County Fire Authority (OCFA). OCFA is a Joint Powers Authority responsible for reducing loss of life and property due to fire, medical, and environmental emergencies. The City is located in Division III, which includes Battalions 6 and 7, and serves the Cities of San Juan Capistrano, Mission Viejo, Rancho Santa Margarita, San Clemente, and Dana Point, and the communities of Coto de Caza, Las Flores, and Ladera Ranch. 14

Fire Station No. 7 is the only OCFA station located in the City. Located at 31865 Del Obispo Street, San Juan Capistrano (approximately 0.25 mile southeast of the project site), Fire Station No. 7 would be the first to the project site in the event of an emergency and would be the “first-in” station. Station No. 7 is staffed by three captains, three engineers, nine firefighters, and reserve firefighters.

The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. No new buildings or structures requiring fire protection are proposed. Fire emergency access to and through the Project area will be maintained

14 Orange County Fire Authority (OCFA). 2019. Website. Available at: https://www.ocfa.org/. Accessed on March 5, 2019.

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through the construction phase with implementation of the City’s Traffic Management Plan (TMP) (see Section 4.8(g)). Following construction, normal vehicular access and fire emergency access to and through the Project area will be maintained, similar to the existing condition. No impacts to fire protection services would occur and no mitigation measures are required.

(a) (ii). Would the project result in substantial adverse physical impacts associated with the provision of or 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 police protection?

No Impact. The City contracts with the Orange County Sheriff's Department (OCSD) for police protection services. OCSD provides 24-hour contract law enforcement services to the City. The OCSD Police Services Station, located at 32506 Paseo Adelanto in San Juan Capistrano, approximately 0.66 mile southwest of the project site, also serves the City.

The City’s police staffing levels are based on response times and crime rates in the City. Emergency calls receive the quickest response, with alarm calls and non-emergency calls having longer response times. Response times for the City for both Priority 1 (i.e., red light/siren) and Priority 2 (i.e., urgent, no lights/siren) are 3.47 minutes and 6.76 minutes, respectively.

The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. Police response and access to and through the Project area will be maintained through the construction phase with implementation of the City’s Traffic Management Plan (TMP) (see Section 4.8(g)). Following construction, normal police response to the Project area will be maintained, similar to the existing condition. No impacts to police protection services would occur and no mitigation measures are required.

(a) (iii). Would the project result in substantial adverse physical impacts associated with the provision of or 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 schools?

No Impact. The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. No physical impacts associated with new or physically altered governmental facilities that could directly or indirectly affect schools would result from construction or operation of the Project. No mitigation measures are required.

(a) (iv). Would the project result in substantial adverse physical impacts associated with the provision of or 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 parks?

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from construction or operation of the Project. No mitigation measures are required.

(a) (v). Would the project result in substantial adverse physical impacts associated with the provision of or 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 other facilities?

No Impact. The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. No physical impacts associated with new or physically altered governmental facilities that could directly or indirectly affect other governmental facilities, including libraries, would result from construction or operation of the Project. No mitigation measures are required.

Less Than 4.16 RECREATION Significant Potentially With Less Than Would the project: Significant Mitigation Significant No Impact Incorporated Impact Impact (a) 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) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

Impact Analysis:

(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 Impact. The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. No physical impacts associated with new or physically altered governmental facilities that could directly or indirectly affect existing neighborhood and regional parks, or other recreational facilities would result from construction or operation of the Project. No mitigation measures are required.

(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. The Project proposes street improvements to beautify and enhance Verdugo Street, an existing local street. While proposed improvements would enhance the pedestrian experience, new or expanded recreational facilities that could have an adverse physical effect on the environment are proposed. No impact would occur, and no mitigation measures are required.

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Less Than 4.17 TRANSPORTATION/TRAFFIC Significant Potentially With Less Than Would the project: Significant Mitigation Significant No Impact Incorporated Impact Impact

(a) Conflict with an applicable plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?

(b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?

(c) Substantially increase hazards due to a geometric design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

(d) Result in inadequate emergency access?

Discussion:

This section analyzes the transportation and traffic impacts that may result due to development of the proposed Project. The discussion and analysis provided in this section is based on the Verdugo Street Beautification Project Traffic Impact Analysis (TIA) (Pirzaheh & Associates).15

The TIA was prepared consistent with the objectives and requirements of the City’s Administrative Policy No. 310, the City’s General Plan Circulation Element and Growth Management Element (December 1999), the Orange County Congestion Management Program (CMP) (November 2015), and applicable provisions of the California Environmental Quality Act (CEQA), including disclosure of project impacts in both existing and cumulative horizon years. The TIA examined the following four scenarios:

1. Existing Without Project 2. Existing With Project 3. Year 2020 With Project 4. Year 2020 With Project With Future Access Scenarios

Based on input from the City Staff the TIA included analysis of four locations, including the driveway off of Camino Capistrano approximately 795 feet north of Ortega Highway (Driveway 1), the signalized intersection of Camino Capistrano/Ortega Highway, the signalized intersection of Camino Capistrano/Verdugo Street, and driveway off of Camino Capistrano approximately 245 feet south of Verdugo Street (Driveway 2).

Additionally, the analysis examined special issues relevant to the proposed Project, these include impacts during construction, special events, loading/unloading zones, and potential City

15 Pirzadeh & Associates. 2019. City of San Juan Capistrano Verdugo Street Beautification Project (CIP 14106) Traffic Impact Analysis. February 22, 2019.

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projects.

Analysis Methodology

Per discussion’s with City staff, the study locations were analyzed using methodologies from the Highway Capacity Manual (HCM) 6th Edition to determine the intersection Level of Service (LOS).

Intersection LOS is a measure of the control delay experienced at the intersection and is defined as seconds per vehicle. It is used to quantify the amount of travel time increase. There are 6 LOS thresholds that range from A to F. LOS A has the least control Delay and LOS F has the most control delay. The following is a description of LOS thresholds from HCM.

LOS A: This level is typically assigned when the volume-to-capacity ratio is low and either progression is exceptionally favorable, or the cycle length is very short. If LOS A is the result of favorable progression, most vehicles arrive during the green indication and travel through the intersection without stopping.

LOS B: This level is typically assigned when the volume-to-capacity ratio is low and either progression is highly favorable, or the cycle length is short. More vehicles stop than with LOS A.

LOS C: This level is typically assigned when progression is favorable, or the cycle length is moderate. Individual cycle failures (i.e., one or more queued vehicles are not able to depart as a result of insufficient capacity during the cycle) may begin to appear at this level. The number of vehicles stopping is significant, although many vehicles will pass through the intersection without stopping.

LOS D: This level is typically assigned when the volume to capacity ratio is high and either the progression is ineffective, or the cycle length is long. Many vehicles stop, and individual cycle failures are noticeable.

LOS E: This level is typically assigned when the volume-to-capacity ratio is high, progression is unfavorable, and the cycle length is long. Individual cycle failures are frequent.

LOS F: This level is typically assigned when the volume-to-capacity ratio is very high, progression is very poor, and the cycle length is long. Most cycles fail to clear the queue.

Threshold of Significance

Per the City of San Juan Capistrano General Plan Circulation Element, the acceptable LOS is D at intersection other than “Traffic Operations Hot Spots”. None of the study locations are designated as a hot spot.

Impact Analysis:

(a) Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?

Less Than Significant Impact.

Construction Impacts. The proposed Project would generate short-term construction related vehicle trips. However, traffic generated by construction of the Proposed Project would be temporary and would not conflict with the City of San Juan Capistrano Circulation Element. Impacts would be less than significant. DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 55

Operational Impacts. Operation impacts are anticipated to be similar to existing conditions because the proposed Project would continue an existing use. Impacts would be less than significant.

Additionally, the traffic impact analysis prepared for the proposed Project determined that all Project driveways (Location 1: Camino Capistrano at Driveway 1, Location 2: Camino Capistrano at Ortega Highway, Location 3: Camino Capistrano at Verdugo Street, and Location 4: Camino Capistrano at Driveway 2) are forecast to operate at satisfactory LOS D or better For Existing With Project, Year 2020 With Project, and Year 2020 With Project With Future Access Scenario conditions, as summarized below. A less than significant impact would occur. Driveway locations are shown in Figure 4.

Existing With Project

The Existing With Project scenario evaluated the performance at the study locations with the implementation of the proposed Project. Under this scenario all study locations will continue to operate at LOS C or better, which is an acceptable LOS, in the Existing With Project scenario.

Year 2020 With Project

The Year 2020 With Project scenario evaluated the performance at the study location with the implementation of the proposed Project using projected Year 2020 trips. Under this scenario all study locations will continue to operate at LOS C or better, which is an acceptable LOS, in the Year 2020 With Project scenario. Year 2020 With Project With Future Access

The Year 2020 With Project With Future Access scenario evaluated the performance at the study location with the implementation of the proposed Project plus the potential future right-turn in only access into the Metrolink/Amtrak station surface parking lot using projected Year 2020 trips. Under this scenario all study locations will continue to operate at LOS C or better, which is an acceptable LOS, in the Year 2020 With Project With Future Access scenario.

(b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?

No Impact. Section 15064.3 describes specific considerations for evaluating a project’s transportation impacts with reference to vehicle miles traveled as an appropriate measure of impacts. ‘Vehicle miles traveled’ refers to the amount and distance of automobile travel attributable to a project. Transportation projects that either reduce, or have no impact on, vehicle miles traveled are presumed to cause a less than significant transportation impact. For roadway projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and local requirements. The Verdugo Street Beautification Project will have no impact on vehicle miles traveled. Under all project traffic study scenarios, all study locations will continue to operate at LOS C or better, which is an acceptable LOS. The provisions of Section 15064.3 are not applicable statewide until July 1, 2020. The Project is not in conflict or inconsistent with CEQA Guidelines 15064.3, and no impact would occur.

Source: Pirzadeh & Associates, Inc. 2019

Figure 4. Study Locations 2018-246 Verdugo Street Beautification Project DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 57

(c) Would the project substantially increase hazards due to a geometric design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The Verdugo Street Beautification Project (‘Project’) consists of the construction of widened sidewalks, landscaping, irrigation, storm drain, utilities, ADA ramps, rolled curb, enhanced paving, enhanced lighting, and street furniture, to provide for a more pedestrian friendly downtown adjacent to the City’s train station, parking structure, and the Historic Los Rios District. Improvements associated with the proposed Project would be designed by a registered civil engineer to meet the City of San Juan Capistrano’s development standards. Additionally, the results of the traffic analysis prepared for the proposed Project demonstrated that all Project driveways and the Camino Capistrano/Verdugo Street and Camino Capistrano and Ortega Highway intersections are forecast to operate at satisfactory LOS D or better For Existing With Project, Year 2020 With Project, and Year 2020 With Project With Future Access scenario conditions. Therefore, the proposed project would not result in any impacts related to hazards associated with a design feature or incompatible uses, and no mitigation would be required. (d) Would the project result in inadequate emergency access? Less Than Significant. The City’s General Plan Safety Element (2002) identifies and evaluates natural hazards associated with seismic activity, landslides, flooding and fire within the City. According to the City’s map of evacuation routes, Verdugo Street is not identified as a potential evacuation route in the event of an emergency. In addition, to ensure adequate emergency access, the City will prepare and implement a Construction Staging and Traffic Management Plan (TMP) for approval by City of San Juan Capistrano City Engineer, or designee (see Section 4.8(g). With implementation of the City’s TMP, adequate emergency access will be maintained, and the impact would be less than significant. Less Than 4.18 TRIBAL CULTURAL RESOURCES Significant Potentially With Less Than Significant Mitigation Significant No Would the project: Impact Incorporated Impact Impact (a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: (i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or (ii) supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

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(a) (i) Would the project cause a substantial adverse change in the significance of a tribal cultural resource listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? OR

(b) (ii) Would the project cause a substantial adverse change in the significance of a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?

Less Than Significant With Mitigation Incorporated. The following responses address the thresholds in Sections 4.18 (a) and 4.18 (b).

Chapter 532, Statutes of 2014 (i.e., Assembly Bill [AB] 52), requires that Lead Agencies evaluate a project’s potential to impact “tribal cultural resources.” Such resources include “[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources.” AB 52 also gives Lead Agencies the discretion to determine, supported by substantial evidence, whether a resource qualifies as a “tribal cultural resource.” Also, per AB 52 (specifically Public Resources Code [PRC] 21080.3.1), Native American consultation is required upon request by a California Native American tribe that has previously requested that the City of San Juan Capistrano (City) provide it with notice of such projects. The City currently maintains the following list of Tribal Councils that have requested formal notification of proposed projects pursuant to AB 52: • Juaneño Band of Mission Indians Acjachemen Nation, Joyce Perry, Tribal Manager. Requested to be added to the City’s list of Tribal Councils on August 15, 2015. • Torres Martinez Desert Cahuilla Indians, Michael Mirelez, Cultural Resource Coordinator. Requested to be added to the City’s list of Tribal Councils on May 12, 2015. • Soboba Band of Luiseno Indians, Joseph Ontiveros, Cultural Resource Director. Requested to be added to the City’s list of Tribal Councils on June 12, 2015.

The City also maintains a list of tribal councils based on a list of councils and corresponding Native American representatives provided to the City by the Native American Heritage Commission (NAHC) on December 27, 2017. The proposed project does not involve SB 18 or require SB 18 consultation.49

The City sent letters for the purposes of AB 52 consultation and NAHC notification to all three Tribal Councils listed above on April 2, 2019. One tribe responded to the City’s request for consultation - Juaneño Band of Mission Indians Acjachemen Nation, Joyce Perry, Tribal Manager. On April 24, 2019, at the request of Ms. Perry the city consulted via a conference call. MS. Perry provided an oral history of the site and indicated that the site is historically and culturally sensitive. Ms. Perry inquired on the depth of excavation and

49 SB 18 (Chapter 905, Statues of 2004) requires cities and counties to contact and consult with California Native American tribes prior to amending or adopting any general plan or specific plan or designating land as open space. DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION VERDUGO STREET BEAUTIFICATION PROJECT MAY 2019 CITY OF SAN JUAN CAPISTRANO, CALIFORNIA Page 59

disturbance and requested that the project include a mitigation measure that requires Archaeological and Native American Monitoring.

As discussed in Section 4.5 (a), the immediate Verdugo Street project site within street right-of- way limits does not contain any known “historical resources” as defined by the CEQA. Therefore, the proposed project would not cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the State CEQA Guidelines or PRC 5020.1(k).

As discussed in Section 4.5 (b), there is potential for subsurface archaeological deposits below the ground surface on the project site. Consequently, Mitigation Measure CUL-1 requires that an archaeological monitor be on site during ground-disturbing activities to monitor for buried prehistoric or historic material. Additionally, the project would be required to comply with Mitigation Measure CUL-2, which outlines procedures for recovering any significant or unique archaeological resources and for preparation of a report that documents the monitoring and any recovery at the site. Implementation of Mitigation Measures CUL-1 and CUL-2 would reduce any potential impacts to previously undiscovered archaeological resources to a less than significant level.

Mitigation Measure TCR-1 requires the presence of a Native American monitor during ground- disturbing activities, as requested during the consultation processes conducted for the project. Implementation of Mitigation Measure TCR-1 would reduce any potential impacts to previously undiscovered tribal cultural resources to a less than significant level. Therefore, on this basis and as a result of the City’s consultation efforts, the City has concluded that, with implementation of Mitigation Measure TCR-1, potential impacts related to unknown buried tribal cultural resources would also be reduced below a level of significance.

Mitigation Measure:

TCR-1 Tribal Cultural Resources: Monitoring Procedures. Prior to commencement of any ground-disturbing activities, the City will assure that a qualified Native American monitor has been retained to provide Native American monitoring services during ground-disturbing activities in native soils. Because no known resources have been identified on the site, monitors are not required on a full- time basis, but shall spot check ground-disturbing activities in compliance with the monitoring procedures outlined in the Monitoring Plan (which itself is required as part of Mitigation Measure CUL-2) to ensure that no resources are impacted during construction. The Native American monitor shall be selected by the project Archaeologist in coordination with the Juaneño Band of Mission Indians- Acjachemen Nation. The Native American monitor shall be present at the pre-grading conference to establish procedures for tribal cultural resource surveillance. Those procedures shall include provisions for temporarily halting or redirecting work to permit sampling, identification, and evaluation of resources deemed by the Native American monitor to be tribal cultural resources as defined in Public Resources Code Section 21074. These procedures shall be reviewed and approved by the City of San Juan Capistrano Community Department Director, or designee, prior to commencement of any surface disturbance on the project site.

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Less Than Significant Potentially With Less Than Significant Mitigation Significant No 4.19 UTILITIES/SERVICE SYSTEMS. Impact Incorporated Impact Impact

Would the project: (a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water

drainage, electric power, natural gas, or telecommunications facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?

(c) 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? (d) Generate solid waste in excess of State or local standards, or in

excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste goals? (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

Impact Analysis:

(a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

Less Than Significant Impact. The proposed Project would not create the need for new or expanded water or wastewater treatment facilities because it would not substantially increase the amount of water needed or wastewater generated compared to the existing conditions of the project site. Once the proposed improvements are constructed, the existing use of the site would remain. The proposed Project would have nominal new water needs as a result of the addition of new trees/landscaping. These water needs are not considered substantial. The proposed Project would result in no increase in wastewater treatment requirements. A less than significant impact would occur.

The proposed Project would not require or result in the construction or expansion of offsite stormwater drainage facilities. The proposed Project would construct a new catch basin to replace the existing catch basin, thus ensuring the new curb and gutter alignment drains properly. This catch basin would capture stormwater until capacity is reached then overflow into the city drainage facilities. Additionally, during construction, the proposed Project would implement a construction SWPPP, which includes BMPs. A less than significant impact would occur.

The proposed Project may require relocation of underground electric power, natural gas or telecommunications facilities within Verdugo Street. Construction plans will be coordinated with affected utilities. The disposition of an existing electrical vault within the right-of-way will be coordinated with San Diego Gas & Electric (SDGE). No significant expansion of use of these utilities is anticipated or required and the impact would be less than significant.

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(b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?

Less Than Significant Impact. The proposed Project would not substantially increase the demand for water compared to existing conditions along Verdugo Street., The proposed Project would utilize water for dust control during construction and would have a nominal increase over existing conditions in operational water needs for landscape irrigation. Water conserving landscape and irrigation design will be utilized. The additional operation water needs associated with irrigation for new trees and landscaping would not be considered substantial. A less than significant impact would occur.

(c) 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. The proposed Beautification Project would not generate new wastewater sources or demand for wastewater treatment. The proposed Project consists of various improvements along Verdugo Street including widened sidewalks, landscaping, irrigation, storm drain, utilities, ADA ramps, rolled curb, enhanced paving, enhanced lighting, and street furniture. No impact would occur.

(d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?

Less Than Significant Impact. Project demolition or construction waste would be disposed of at the Prima Deshecha Landfill, Frank R. Bowerman Landfill, or the Olinda Landfill which are all permitted to accept commercial waste.16 The minimal increase in waste generated by the proposed Project is not anticipated to affect the permitted capacity of these landfills. A less than significant impact would occur.

(e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

No Impact. Waste generated by the proposed Project would comply with solid waste statutes and regulation. No impact would occur.

16 OC Waste and Recycling. 2019. Active Landfills. Available at: http://www.oclandfills.com/contact/landfills. Accessed on March 5, 2019.

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Less Than 4.20 WILDFIRE Significant Potential With Less Than If located in or near state responsibility areas or lands classified at very ly Mitigation Significant No high fire hazard severity zones, would the Project: Significa Incorporated Impact Impact nt Impact

Substantially impair an adopted emergency response plan or (a) emergency evacuation plan?

(b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?

(c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?

(d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project?

a) Substantially impair an adopted emergency response plan or emergency evacuation plan?

No Impact. The Project is not located in or near a state responsibility area or other lands classified as very high fire hazard severity zones. No impact would occur.

b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?

No Impact. The Project is not located in or near a state responsibility area or other lands classified as very high fire hazard severity zones. No impact would occur.

c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?

No Impact. The Project is not located in or near a state responsibility area or other lands classified as very high fire hazard severity zones. No impact would occur.

d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

No Impact. The Project is not located in or near a state responsibility area or other lands classified as very high fire hazard severity zones. No impact would occur

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Less Than Significant 4.21 MANDATORY FINDINGS OF SIGNIFICANCE Potentially With Less Than Significant Mitigation Significant No Does the Project: Impact Incorporated Impact Impact

(a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-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 the major periods of California history or prehistory? (b) Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?)

(c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

(a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-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 the major periods of California history or prehistory?

Less Than Significant Impact With Mitigation. Impacts to biological and cultural resources are discussed in their respective section of this Initial Study. Impacts would be less than significant with Mitigation Measure BIO-1, CUL-1, CUL-2, CUL-3, and TCR-1.

(b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?)

Less Than Significant Impact. Impacts associated with the proposed Project are confined to the Project site and immediate vicinity and would not be cumulatively considerable.

(c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

Less Than Significant Impact. The propose Verdugo Street Beautification Project would promote pedestrian activity, enhance the user experience, and retain acceptable levels of service for vehicles on surrounding driveways and roadways. Direct and indirect impacts to human beings would be less than significant.

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5.0 MITIGATION MONITORING AND REPORTING PROGRAM

5.1 MITIGATION MONITORING AND REPORTING REQUIREMENTS

Public Resources Code (PRC) Section 21081.6 (enacted by the passage of Assembly Bill [AB] 3180) mandates that the following requirements shall apply to all reporting or mitigation monitoring programs:

• The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a Responsible Agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the Lead Agency or a Responsible Agency, prepare and submit a proposed reporting or monitoring program.

• The Lead Agency shall specify the location and custodian of the documents or other material, which constitute the record of proceedings upon which its decision is based. A public agency shall provide the measures to mitigate or avoid significant effects on the environment that are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or in the case of the adoption of a plan, policy, regulation, or other project, by incorporating the mitigation measures into the plan, policy, regulation, or project design.

• Prior to the close of the public review period for a draft Environmental Impact Report (EIR) or Mitigated Negative Declaration (MND), a Responsible Agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the Lead Agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the Responsible Agency or agency having jurisdiction over natural resources affected by the project, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a Lead Agency by a Responsible Agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures that mitigate impacts to resources, which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a Responsible Agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit that authority of the Responsible Agency or agency having jurisdiction over natural resources affected by a project, or the authority of the Lead Agency, to approve, condition, or deny projects as provided by this division or any other provision of law.

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5.2 MITIGATION MONITORING AND REPORTING PROCEDURES

The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with PRC Section 21081.6. It describes the requirements and procedures to be followed by the City of San Juan Capistrano to ensure that all mitigation measures adopted as part of the proposed project will be carried out as described in this IS/MND. Table 5.2-1 lists each of the mitigation measures specified in this document and identifies the party or parties responsible for implementation and monitoring of each measure.

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Table 5.2-1. Mitigation Monitoring and Reporting Program Timing for Standard Compliance Verification Condition or Mitigation (Date and Signature Mitigation Measures Responsible Party Measure Required) 4.1 Aesthetics The proposed project would not result in significant adverse impacts related to aesthetics. No mitigation would be required. 4.2 Agricultural & Forest Resources The proposed project would not result in significant adverse impacts related to agriculture and forest resources. No mitigation would be required. 4.3 Air Quality The proposed project would not result in significant adverse impacts related to air quality. No mitigation would be required. 4.4 Biological Resources BIO-1 Migratory Bird Treaty Act. In the event that construction activities City of San Juan In the event that occur during the breeding season (February 15–August 15), the Applicant Capistrano Development construction activities shall retain a qualified biologist to conduct a nesting bird survey within 5 Services Director, or occur during the breeding days prior to commencement of construction activities. The nesting bird designee season (February 15– survey shall identify and document active nesting within 100 feet of the August 15)/ Prior to construction limits. If nesting birds are discovered during preconstruction commencement of surveys, the biologists shall identify an appropriate buffer (i.e., up to 500 grading activities and feet depending on the circumstances and specific bird species) where no issuance of any building construction activities or other disturbances are allowed to occur until permits. after the birds have fledged from the nest. Prior to commencement of grading activities and issuance of any building permits, the City of San Juan Capistrano Director of Development Services, or designee, shall verify that all project grading and construction plans include specific documentation regarding the requirements of the Migratory Bird Treaty Act (MBTA), that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing. 4.5 Cultural Resources CUL-1: Archaeological Monitor. Prior to issuance of grading permits, and City of San Juan Prior to issuance of in adherence to the recommendations of the cultural resources records Capistrano Development grading permits search, the Applicant shall retain, with approval of the City of San Juan Services Director, or

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Capistrano (City) Development Services Director, or designee, a qualified designee archaeological monitor. Monitoring by a qualified archaeologist should be conducted under the supervision of an Orange County Certified archaeologist and by a Native American monitor from one of the Juañeno groups recognized by the Native American Heritage Commission (NAHC). Monitoring will be conducted in accordance with the City of San Juan Capistrano’s Council Policy 601 on historic, archaeological, and paleontological resource management.17 The monitor shall be present on the project site during ground-disturbing activities to monitor rough and finish grading, excavation, and other ground-disturbing activities in the native soils. Because no cultural resources were identified on the project site, archaeological monitors are not required to be present on a full-time basis but shall spot check ground-disturbing activities to ensure that no cultural resources are impacted during construction activities. The exact timing of monitoring activities shall be consistent with the provisions established in the Monitoring Plan, which is required as part of Mitigation Measure CUL-2. CUL-2: Archaeological Monitoring Plan and Accidental Discovery. City of San Juan Prior to commencement Prior to commencement of any grading activities on site, the Applicant Capistrano Development of any grading activities shall retain a qualified archaeologist to prepare a Monitoring Plan. The Services Director, or on site/During project Monitoring Plan shall be prepared by a qualified archaeologist and shall be designee/ City excavation and grading reviewed by the City Development Services Director, or designee. The Department of Public activities Monitoring Plan should include at a minimum: (1) a list of personnel Works and Utilities involved in the monitoring activities; (2) a description of how the Director, or designee monitoring shall occur; (3) a description of the frequency of monitoring (e.g., full-time, part-time, spot checking); (4) a description of what resources may be encountered; (5) a description of circumstances that would result in the halting of work at the project site (e.g., what is considered a “significant” archaeological site); (6) a description of procedures for halting work on site and notification procedures; and (7) a description of monitoring reporting procedures. If any significant historical resources, archaeological resources, or human remains are found during monitoring, work shall be stopped within the immediate vicinity (precise area to be determined by the archaeologist in the field) of the resource until such time as the resource can be evaluated by an archaeologist and any other appropriate individuals. Project personnel shall not collect or

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move any archaeological materials or human remains and associated materials. To the extent feasible, project activities shall avoid these deposits. Where avoidance is not feasible, the archaeological deposits shall be evaluated for their eligibility for listing on the California Register of Historic Places. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, adverse effects on the deposits must be avoided, or such effects must be mitigated. Mitigation can include, but is not necessarily limited to: leaving the deposits in place, excavation of the deposit in accordance with a data recovery plan (see California Code of Regulations [CCR] Title 4(3) Section 5126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; an interpretive display of recovered archaeological materials at a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials.

It shall be the responsibility of the City Building Official, or designee, to verify that the Monitoring Plan is implemented during project excavation and grading. Upon completion of all monitoring/mitigation activities, the consulting archaeologist shall submit a monitoring report to the City Development Services Director, or designee, and to the South-Central Coastal Information Center summarizing all monitoring/mitigation activities and confirming that all recommended mitigation measures have been met. The monitoring report shall be prepared consistent with the guidelines of the Office of Historic Preservation’s Archaeological Resources Management Reports (ARMR): Recommended Contents and Format. The City Development Services Director, or designee, shall be responsible for reviewing any reports produced by the archaeologist to determine the appropriateness and adequacy of the findings and recommendations.

CUL-3: Human Remains. Consistent with the requirements of CCR Section City of San Juan If human remains are 15064.5(e), if human remains are encountered during site disturbance, Capistrano Development encountered during site grading, or other construction activities on the project site, the Services Director, or disturbance, grading, or construction contractor shall halt work within 25 feet of the discovery; all designee other construction

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work shall be redirected and the Orange County (County) Coroner notified activities on the project immediately. No further disturbance shall occur until the County Coroner site has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.

The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City shall consult with the MLD identified by the NAHC to develop an agreement for the treatment and disposition of the remains.

Upon completion of the assessment, the consulting archaeologist shall prepare a report documenting the methods and results and provide recommendations regarding the treatment of the human remains and any associated cultural materials, as appropriate, and in coordination with the recommendations of the MLD. The report shall be submitted to the City Development Services Director, or designee, and the South-Central Coastal Information Center. The City Development Services Director, or designee, shall be responsible for reviewing any reports produced by the archaeologist to determine the appropriateness and adequacy of the findings and recommendations. 4.6 Energy The proposed project would not result in significant adverse impacts related to energy. No mitigation is required. 4.7 Geology and Soils GEO-1: Compliance with Geotechnical Investigations. These studies shall City of San Juan Prior to issuance of be submitted for review and approval by the City of San Juan Capistrano Capistrano Engineer, or grading permits City Engineer, or designee, to ensure that future development has been designee evaluated at an appropriate level of detail by a professional geologist. Prior to issuance of grading permits, the City Engineer shall confirm that all grading and construction plans incorporate and comply with the recommendations included in the Final Geotechnical Report. Design,

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grading, and construction shall adhere to all of the seismic requirements incorporated into the most current version of the California Building Code (CBC) and the requirements and standards contained in the applicable chapters of the City of San Juan Capistrano Municipal Code, as well as appropriate local grading regulations, and the specifications of the project geotechnical consultant. 4.8 Greenhouse Gas Emissions The proposed project would not result in significant adverse impacts related to greenhouse gas emissions. No mitigation would be required. 4.9 Hazards and Hazardous Materials The proposed project would not result in significant adverse impacts related to hazards and hazardous materials. No mitigation would be required. 4.10 Hydrology and Water Quality The proposed project would not result in significant adverse impacts related to Hydrology and Water Quality. No mitigation would be required. 4.11 Land Use/Plan The proposed project would not result in significant adverse impacts related to Land Use and Planning. No mitigation would be required. 4.12 Mineral Resources The proposed project would not result in significant adverse impacts related to mineral resources. No mitigation would be required. 4.13 Noise The proposed project would not result in significant adverse impacts related to noise. No mitigation would be required. 4.14 Population and Housing The proposed project would not result in significant adverse impacts related to population and housing. No mitigation would be required. 4.15 Public Services and Utilities The proposed project would not result in significant adverse impacts related to public services and utilities. No mitigation would be required. 4.16 Recreation The proposed project would not result in significant adverse impacts related to recreation. No mitigation would be required. 4.17 Transportation/Traffic The proposed project would not result in significant adverse impacts related to transportation/traffic. No mitigation would be required

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4.18 Tribal Cultural Resources TCR-1. Prior to commencement of any ground-disturbing activities, the Director of the City of Prior to commencement City will assure that a qualified Native American monitor has been San Juan Capistrano of any ground disturbing retained to provide Native American monitoring services during ground- Community activities disturbing activities in native soils. Because no known resources have been Development identified on the site, monitors are not required on a full-time basis, but Department, or designee shall spot check ground-disturbing activities in compliance with the monitoring procedures outlined in the Monitoring Plan (which itself is required as part of Mitigation Measure CUL-2) to ensure that no resources are impacted during construction. The Native American monitor shall be selected by the project Archaeologist in coordination with the Juaneño Band of Mission Indians Acjachemen Nation. The Native American monitor shall be present at the pre-grading conference to establish procedures for tribal cultural resource surveillance. Those procedures shall include provisions for temporarily halting or redirecting work to permit sampling, identification, and evaluation of resources deemed by the Native American monitor to be tribal cultural resources as defined in Public Resources Code Section 21074. These procedures shall be reviewed and approved by the City of San Juan Capistrano Community Department Director, or designee, prior to commencement of any surface disturbance on the project site.

4.19 Utilities/Service System The proposed project would not result in significant adverse impacts related to Utilities/Service Systems. No mitigation would be required. 4.20 Wildfire The proposed project would not result in significant adverse impacts related to wildfire. No mitigation would be required.

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6.0 REFERENCES

California Department of Transportation (Caltrans). 2019. State Scenic Highway Mapping System. Available at: http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. Accessed on March 1, 2019.

California Department of Conservation (CDC). 2018. Orange County Important Farmland 2016 Map. Available at: https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx. Accessed on March 4, 2019.

California Department of Conservation (CDC). 2004. Agricultural Preserves 2004: Williamson Act Parcels. Orange County, California. Available at: https://www.conservation.ca.gov/dlrp/wa/Pages/stats_reports.aspx. Accessed on March 4, 2019.

City of San Juan Capistrano. 2017. Council Policy 601. Available at: http://sanjuancapistrano.org/Portals/0/CouncilPolicy601_1.pdf. Accessed on March 4, 2019.

City of San Juan Capistrano. 1999a. San Juan Capistrano General Plan: Program Environmental Impact Report Volume 1. December 1999.

City of San Juan Capistrano. 1999b. General Plan

Cogstone. (2011). Cultural Resources Assessment for the San Juan Capistrano Historic Town Center Master Plan Area. August 2011.

Department of Toxic Substances Control (DTSC). 2019. Hazardous Waste Substances List (Cortese List). Available at: http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm. Accessed on March 5, 2019.

Federal Emergency Management Agency (FEMA). 2009. National Flood Insurance Program: Flood Insurance Rate Map 06059c0443J. Map Revised December 3, 2009.

Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment.

NMG Geotechnical, Inc. (NMG). (2019). Geotechnical Exploration and Design for the Verdugo Street Beautification Project, City of San Juan Capistrano, California. January 31, 2019.

Orange County Airport Land Use Commission (ALUC). 2008. Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport. Amended April 17, 2008.

Orange County Fire Authority (OCFA). 2019. Website. Available at: https://www.ocfa.org/. Accessed on March 5, 2019.

OC Waste and Recycling. 2019. Active Landfills. Available at: http://www.oclandfills.com/contact/landfills. Accessed on March 5, 2019.

Pirzadeh & Associates. 2019. City of San Juan Capistrano Verdugo Street Beautification Project (CIP 14106) Traffic Impact Analysis. February 22, 2019.

State Water Resources Control Board (SWRCB). 2019. Geotracker Database. Available at: http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=san+juan+capistrano. Accessed on March 5, 2019.