Laguna Niguel City Council
December 5, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: December 5, 2022
SUBJECT: A Continued Public Hearing to Consider the Appeal of the Planning Commission's Certification of Environmental Impact Report EIR 22-02 and Approval of Site Development Permit SDP 16-04, Including Alternative Development Standards, Minor Adjustment MA 22-11, and Tentative Tract Map TTM 17721 for the Cove at El Niguel Project.

RECOMMENDATION
Staff recommends that the City Council open the public hearing, take public testimony, close the public hearing, and then take the following action(s):

1. Adopt Resolution No. 2022-1411, denying the appeal and upholding the Planning Commission's decision to certify Environmental Impact Report EIR 22-02 (SCH No. 2021110122), and adopting CEQA Findings of Fact, and the associated Mitigation Monitoring and Reporting Program;

2. Adopt Resolution No. 2022-1412, denying the appeal and upholding the Planning Commission's decision to approve Tentative Tract Map TTM 17721, subject to conditions of approval; and

3. Adopt Resolution No. 2022-1413, denying the appeal and upholding the Planning Commission's decision to approve Site Development Permit SDP 16-04, including alternative development standards, and Minor Adjustment MA 22-11, subject to conditions of approval.

BACKGROUNDIANALYSIS
Project Summary
The project (titled Cove at El Niguel) is a request by Mike Recupero with Recupero and Associates on behalf of the property owner/applicant (Laguna Niguel Town Partners) to redevelop the subject 4.2-acre property with a proposed 22-unit townhome-style residential development. The site previously contained 41 townhomes demolished following the Via Estoril Landslide in March 1998. Residential development would be limited to the approximate 2.0 acre pad area along Crown Valley Parkway and the remaining approximate 2.2 acres of the site is proposed to remain undeveloped. The site

is generally located between Via Valle and Club House Drive, at Playa Blanca, on the north side of Crown Valley Parkway.
townhome units), guest parking, retaining walls, lighting, project signage (monument sign), and right-of-way improvements (median improvements to eliminate left-turn exiting movements).

The project requires the following City approvals:
• Site Development Permit (SDP 16-04): Provides for the review of the physical development of the project site for conformance with the applicable provisions of the Laguna Niguel Zoning Code,
preperty in seba max under iting in de vi, pain andred miser.,. and community design guidelines (site planning, building architecture, and landscaping). The project also includes a request for the use of "Alternative Development Standards" for common open space/active recreation and building height standards.
• Minor Adjustment (MA 22-11): Request to exceed the maximum permissible wall height limit of 12 feet. The tallest wall in the western portion of the site ranges up to a maximum height of 15.5 feet. The wall would be screened from public view. • Tentative Tract Map (TTM 17721): Request to re-subdivide the existing property to create Lot 1 (2.0 acres) for condominium purposes and Lot A (2.2 acres) for open space.
• Environmental Impact Report (EIR 22-02): In conjunction with the applications bulleted above, the project also requires consideration under the California Environmental Quality Act (CEQA). The City has elected to prepare an Environmental Impact Report (EIR) to assess and document the project's environmental impacts for certification. An EIR is the most comprehensive form of CEQA environmental documentation. In connection with the City Council's consideration of the EIR and associated mitigation monitoring and reporting program, the City Council must also adopt required findings of fact under CEQA.

On August 23, 2022, the Planning Commission held a publicly noticed hearing to consider the Cove at El Niguel proposal and, after closing the public hearing, continued the item.

On September 13, 2022, the Planning Commission took unanimous action (4-0) to adopt the Resolutions approving the proposed project and certifying the project's EIR. On September 23, 2022, the law firm of Rutan and Tucker, LLP, on behalf of the Niguel Summit Homeowners' Association (HOA) submitted a timely appeal of the Planning Commission's actions.

City Council Meeting
On November 15, 2022, the City Council held a duly noticed public hearing on the subject project (staff report included as Attachment A for reference). Following a project overview by City staff, Patrick Munoz with Rutan and Tucker, LLP, on behalf of the appellant, Niguel Summit HOA, presented their appeal grounds, generally focused on three main assertions:

1. The project does not comply with CEQA;

2. The project site's General Plan land use and zoning designations are open space rather than "Residential Attached" in the General Plan and "Residential Multi- Family" District in the Zoning Code, as identified by the City; and

3. The project is not physically suitable for the site due to geotechnical hazards and the geotechnical analysis performed by the applicant's consultant was lacking because it did not include recent inclinometer readings from the Niguel Summit property. As a part of the landslide repair inclinometers were installed to measure any subsurface slope movement. Currently, there are three inclinometers on Cove at El Niguel property and 16 on Niguel Summit property.

As a part of the appeal presentation, following Mr. Munoz, Jim Kozel, president of the Niguel Summit HOA, requested that the City impose a condition of approval requiring the project applicant/developer indemnify the Niguel Summit HOA and residents for any future damages on or off the project site.

After the appeal presentation, Gregory Powers with Jackson Tidus, legal counsel for the applicant, rebutted why each of the appeal issues lack merit and objected to the HOA's request for indemnification request.

Regarding the offsite inclinometer readings on Niguel Summit, Mr. Powers' stated, in 2015, the applicant team had received a letter from the HOA's legal counsel expressly prohibiting the applicant, and its consultants, from accessing the HOA's inclinometers for updated readings (up until 2014, AGI was also the geotechnical consultant for the Niguel Summit HOA and regularly was performing inclinometer readings on both properties).

Without the HOA's cooperation, AGI was prevented from obtaining the requested updated offsite readings. The HOA also elected not to share the results of the readings they had been collecting post 2014.

Similarly, prior to the hearing City staff contacted the property management for the Niguel Summit HOA offering to have the City's independent geotechnical expert (GMU) review any inclinometer data collected by the HOA, but the offer was declined citing attorney- client privilege.

Following the applicant presentation, members of the public provided project comments.

In total, there were 21 speakers each expressing concerns or objections to the project, mostly related to the historic 1998 Via Esoril Landslide and fears development of the project would destabilize the subject property and the Niguel Summit community above.

After public comments, the City Council considered all evidence presented and posed questions to City staff, the applicant, and the appellant. The scope of the geotechnical review and the slope inclinometers in particular, were a focus of the Council questions and deliberations. It was shared by Mr. Kozel that the Niguel Summit HOA had recently retained David H. Lee & Associates, Inc. (DHLA), geotechnical consultant, to perform updated inclinometer readings on their property, but that work had not been completed.

The City Council acknowledged that the HOA has had ample opportunity to perform updated inclinometer readings prior to the appeal hearing, but offered to continue the hearing if the HOA committed to perform new monitoring readings and to submit those results by November 28, 2022. The HOA agreed and the City Council continued the item to December 5, 2022 at 5:00 p.m., with the intent to limit the continued meeting to hear the results of the inclinometer data and the opinions of the geotechnical experts.

Slope Inclinometer Readings
On November 28, 2022, City staff received an inclinometer monitoring report from the Niguel Summit HOA's geotechnical consultant, DHLA (dated November 27, 2022), included as Attachment E. The report catalogs 19 inclinometer readings conducted by DHLA between July 2015 and November 2022 (16 located on Niguel Summit property and three on Cove at El Niguel property). The report focuses on four inclinometers, referred to as AGI-25 and AGI-30 (located on Niguel Summit property) and AGI-26 and AGI-27 (located on the Cove at El Niguel property). Over the last seven years, between these four inclinometers there has been cumulative movement of approximately 0.35 inches up to 1.8 inches. For DHLA's conclusions please refer to their attached letter.

The inclinometer monitoring report and conclusions by DHLA were shared with AGI. AGI's response to DHLA's report (dated November 30, 2022) is included as Attachment F.

The inclinometer readings and the conclusions by DHLA and AGI were provided to GMU for their review and assessment on the City's behalf. GMU's conclusions are included in a memorandum to the City (dated December 2, 2022), which is included as Attachment G. Notably, this includes a finding that slope creep rates from the inclinometer readings are generally typical for the area and that the conclusions by AGI and GMU regarding the feasibility of the proposed project development are unchanged.

ALTERNATIVES CONSIDERED

1. City Council to provide findings supported by substantive and factual evidence for approval of the appeal denying the Cove at El Niguel project and overturning the Planning Commission's actions, and direct City staff to draft corresponding Resolutions.

2. City Council to provide City staff with other direction.

FISCAL REVIEW
There would be no direct fiscal impact as a result of denying the appeal and upholding the Planning Commission's actions.

LEGAL REVIEW
The Special Counsel's Office has reviewed and approved this report and corresponding Resolutions as to form.

CONCLUSION
The Cove at El Niguel project consists of re-building 22 townhomes on the project site that formerly included 41 townhomes prior to the 1998 Via Estoril Landslide. An EIR was prepared for the project and the project impacts on all environmental categories have been deemed less than significant or less than significant with mitigation measures. The Planning Commission considered the item at a duly noticed public hearing and unanimously approved the project. The project has been appealed by the Niguel Summit HOA. City staff has considered the merits of the appeal and continues to support the approval actions and findings by the Planning Commission and recommends denying the requested appeal. The City Council has requested that the Niguel Summit HOA provide geotechnical analysis to support their assertions.
for
John Morgan Amber Gregg
Development Services Manager Planning Consultant
battle
Jonathan Orduna Nicholas Ghirelli
Community Development Director Special Counsel
JamaraS Betousneau
Tamara S. Letourneau
City Manager
Attachments:

A. City Council Staff Report, November 15, 2022 (No Attachments) B. Resolution No. 2022-1411 (EIR 22-02)
Exhibits

1. Findings of Fact

2. Draft EIR 22-02

3. Final EIR 22-02

4. EIR 22-02 Appendices

5. Mitigation Monitoring and Reporting Program
C. Resolution No. 2022-1412 (TTM 17721)
D. Resolution No. 2022-1413 (SDP 16-04 and MA 22-11)
E. Slope Inclinometer Report, David H. Lee & Associates, Inc., November 27, 2022

F. Slope Monitoring Report Comments by AGI, November 30, 2022 G. Geotechnical Review Memorandum by GMU, December 1, 2022

ATTACHMENT A
City Council Staff Report, November 15, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: November 15, 2022
SUBJECT: A Public Hearing to Consider the Appeal of the Planning Commission's Certification of Environmental Impact Report EIR 22-02 and Approval of Site Development Permit SDP 16-04, Including Alternative Development Standards, Minor Adjustment MA 22-11, and Tentative Tract Map TTM 17721 for the Cove at El Niguel Project

RECOMMENDATION
Staff recommends that the City Council open the public hearing, take public testimony, close the public hearing, and then take the following action(s):

1. Adopt Resolution No. 2022-1411, denying the appeal and upholding the Planning Commission's decision to certify Environmental Impact Report EIR 22-02 (SCH No. 2021110122), and adopting CEQA Findings of Fact, and the associated Mitigation Monitoring and Reporting Program;

2. Adopt Resolution No. 2022-1412, denying the appeal and upholding the Planning Commission's decision to approve Tentative Tract Map TTM 17721, subject to conditions of approval; and

3. Adopt Resolution No. 2022-1413, denying the appeal and upholding the Planning Commission's decision to approve Site Development Permit SDP 16-04, including alternative development standards, and Minor Adjustment MA 22-11, subject to conditions of approval.

EXECUTIVE SUMMARY
The project (titled Cove at El Niguel) is a request by Mike Recupero with Recupero and Associates on behalf of the property owner/applicant (Laguna Niguel Town Partners) to redevelop the subject 4.2-acre property with a proposed 22-unit townhome-style residential development. The site previously contained 41 townhomes demolished following the Via Estoril Landslide in March 1998. Residential development would be limited to the approximate 2.0 acre pad area along Crown Valley Parkway and the remaining approximate 2.2 acres of the site is proposed to remain undeveloped. The site is generally located between Via Valle and Club House Drive, at Playa Blanca, on the north side of Crown Valley Parkway.

Ancillary improvements accompanying the project include site grading, drainage, landscaping (including fuel modification), attached garages (direct access to individual townhome units), guest parking, retaining walls, lighting, project signage (monument sign), and right-of-way improvements (median improvements to eliminate left-turn exiting movements).

The project requires the following City approvals:
• Site Development Permit (SDP 16-04): Provides for the review of the physical development of the project site for conformance with the applicable provisions of the Laguna Niguel Zoning Code, including development standards (minimum property line setbacks maximum building height limit, parking requirements, etc.), and community design guidelines (site planning, building architecture, and landscaping). The project also includes a request for the use of "Alternative Development Standards" for common open space/active recreation and building height standards.
• Minor Adjustment (MA 22-11): Request to exceed the maximum permissible wall height limit of 12. The tallest wall in the western portion of the site ranges up to a maximum height of 15.5'. The wall would be screened from public view. • Tentative Tract Map (TTM 17721): Request to re-subdivide the existing property to create Lot 1 (2.0 acres) for condominium purposes and Lot A (2.2 acres) for open space.
• Environmental Impact Report (EIR 22-02): In conjunction with the applications bulleted above, the project also requires consideration under the California Environmental Quality Act (CEQA). The City has elected to prepare an Environmental Impact Report (EIR) to assess and document the project's environmental impacts for certification. An EIR is the most comprehensive form of CEQA environmental documentation. In connection with the City Council's consideration of the EIR and associated mitigation monitoring and reporting program, the City Council must also adopt required findings of fact under CEQA.

On August 23, 2022, the Planning Commission held a publicly noticed hearing to consider the Cove at El Niguel proposal and, after closing the public hearing, continued the item.

On September 13, 2022, the Planning Commission took unanimous action (4-0) to adopt the Resolutions approving the proposed project and certifying the project's EIR. On September 23, 2022, the law firm of Rutan and Tucker, LLP, on behalf of the Niguel Summit Homeowners' Association (HOA) submitted a timely appeal of the Planning Commission's actions.

For project details, please refer to the August 23, 2022 Planning Commission Staff Report (Attachment A). The Staff Report provides a comprehensive project summary and analysis of the project's consistency with the City's Zoning Code, General Plan, and CEQA. Illustrated exhibits detailing all proposed development are included in the project plans (Attachment H).

BACKGROUND
Site History - Timeline
• In 1979, the project site was graded and developed with 41 townhome units (known as Crown Cove) on the 4.2 acre property.
• In March 1998, a large landslide originating from a portion of the Niguel Summit community directly above the project site destroyed portions of the Crown Cove development, as well as nine single-family homes located above the site on Via Estoril within Niguel Summit. The landslide was repaired between 1998 and 2000, which necessitated the demolition of the 41 Crown Cove townhomes. Figure 1 below is a cut-section illustrating the landslide repair.

Figure 1: Landslide Remediation Exhibit
Approximate Boundaries Approximate Boundaries
Niguel Summit HOA Proposed Cove at El Niguel Property (TR 9650) Estoril Crown Valley Parkway
600* Approx. Distance = 735
Via
Approx.
560-
Typical Existing Subdrain locations (Prjd.) Distance = 234' (Outlet to surface drain network)
520- Elev = 515.28'
MSE wall cut does not
480 Buttress Fill
MSE wall influence buttress
Elevalion (ft) stability g
440-
Volume = (760 C.Y.*) (0.017%)
400-
Landslide Volume = [Elev = 380.19,
Volume = 212,000 C.Y. • 440.000 C.Y.
360-
:320 Existing bedrock Typical Existing Subdrain locations (Prjd.) (Outlet to surface drain network)
280
* Approximate MSE Wall: Mechanically Stabilized Earth Wall In 2013, the applicant submitted Site Development Permit SDP 13-06 to redevelop the subject property with 38 townhomes (see Figure 2 below for an illustrated site plan). Similar to the development layout prior to the landslide, the rebuild was proposed to be dispersed throughout the 4.2-acres. Subsequent to City submittal, the applicant commenced with outreach meetings with Niguel Summit residents and their HOA. According to the applicant, concerns and fears were raised by their neighbors with a focus on the proposal to construct homes on the upper pad, underlain by the engineered buttress fill that was a part of the landslide remediation. As an outgrowth of discussions with Niguel Summit over the following years, the applicant agreed to significantly redesign their project. Most significantly, the applicant agreed to remove all the units previously proposed on the upper pad near the Niguel Summit open space slope and to restrict residential development to the lower pad at the base of the buttress fill. This led to the withdrawal of Site Development Permit SDP 13-06 and subsequent submittal of Site Development Permit SDP 16-04 in 2016 (current proposal, illustrated below in Figure 3). Notably, the amended proposal reduced the number of townhomes from 38 to 22 units in order to accommodate the self-imposed development restriction to the lower pad area to address the community feedback according to the applicant.

Figure 2: SDP 13-06 (Illustrated Site Plan) - Former Proposal: 38 Townhomes

PRECISE PLAN
CROWNE

PARKWAY
COVE
PLAYA
BLANCA
DR.

NORTH
SCALE 1° - 20°
VALLEY

GENERAL INFORMATION
38 CONDOMINIUM UNITS
19 GUEST PARTING SPACES

PROJECT AREAS CROWN
EXSY. 42R0P STORM DRAN
ACTRE KECKEATON AKEA-103
DEC 12,2013 JM13023!
COMMON CHEN ACE 1•25%

TYPICAL PRIVATE DR RBF
of 1 ASSESOR'S PARCEL NUMBER
1: C52 !
Figure 3: SDP 16-04 (Illustrated Site Plan) - Current Proposal: 22 Townhomes Open Space Crown Valley Pkwy

Planning Commission Action
On August 23, 2022, the Planning Commission held a publicly noticed hearing to consider the proposed Cove at El Niguel project. A total of 27 members of the public provided oral comments. An additional 12 written comments were submitted to the Commission. After receiving the public input, the Commission asked clarifying questions of City staff and the applicant. The most common project-related topics discussed at the hearing included: 1) whether the proposed project would adversely impact the stability of the Niguel Summit landslide repair, 2) questions regarding the respective land use and zoning designations of the project site, and 3) project traffic impacts on Crown Valley Parkway. The first two topics related to geotechnical and land use are two central appeal issues, which are discussed subsequently, below is a general summary addressing project traffic impacts. • Traffic Impacts. As detailed in the Planning Commission Staff Report (Attachment A), a comprehensive project traffic analysis was conducted by Linscott, Law, & Greenspan Engineers (LLG) and peer-reviewed by the City's Public Works Department and their consultant team. The traffic analysis complies with the City's Transportation Assessment Guidelines, the Laguna Niguel General Plan Circulation Element, and CEQA. A focus of the assessment was project ingress and egress at the existing driveway (Playa Blanca) along Crown Valley Parkway (previously served the Crown Cove townhome development). Although left-turn movements out of Crown Cove had historically been permissible, the conclusion from the traffic experts was to restrict outbound left-turn movements from the project driveway at Playa Blanca, mostly because motorists would need to cross three travel lanes while accounting for southbound oncoming traffic often traveling at a high rate of speed. Outbound right-turn movements were also evaluated and were found to be satisfactory. Also pertinent, this is a pre-existing driveway that served the former Crown Cove development, which included nearly double the number of residents.

At the conclusion of the public hearing, the Planning Commission continued the item to their next regularly scheduled meeting on September 13, 2022. The Commission continued the item to allow them additional time to consider the project and the extensive administrative record. The Commission also strongly encouraged members of the public to take the time to review the studies provided for the project and reach out to the applicant team and/or City staff should they have any questions or wish to seek further information regarding the project or City process (in total, two members of the public contacted the applicant team or City staff as suggested by the Commission).

On September 13, 2022, the Planning Commission received additional public testimony, completed deliberations, and approved the project unanimously 4-0, with one absence.

As part of their deliberations, the Planning Commission shared their reasons for project approval. These included, for example, sympathizing with the residents' concerns and comments described above, but also articulating their responsibilities as decision-makers in rendering decisions based on the required findings and the evidence supporting those findings in the record, which they determined supported approval. Their commentary predominantly focused on their conclusions that the geotechnical studies submitted were detailed and thorough and demonstrated development feasibility and compliance with the adopted grading requirements. They cited that the analysis and conclusions of these

reports were affirmed by the City's independent geotechnical expert and the need to make evidence-based decisions was stressed. It was also noted, based on the administrative record that there had been no proof or other substantiated evidence from experts in the geotechnical field demonstrating that the proposed development cannot be built in accordance with City code requirements, or that the project would adversely affect the Niguel Summit community or other surrounding neighborhoods.

The Commission also commented on the extensive outreach efforts by the applicant team and acknowledged the applicant's property rights to rebuild after a natural disaster similar to the victims of the recent Coastal Fire.

PUBLIC NOTICE
City Council Meeting
A notice of public hearing describing the project, date, time, and location of the hearing was advertised in the Orange County Register at least 10 days prior to the hearing date.

Hearing notices were also mailed to property owners within 500' of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

Additional Outreach
Beginning in 2013, there have been over a dozen meetings and presentations with surrounding residents, HOAs, and other interested members of the public by the City and/or applicant team on the Cove at El Niguel project. Aside from organized meetings, the applicant also reached out to individual project commenters offering to meet and discuss the project should they choose. More recently, the Planning Commission at the conclusion of their first meeting encouraged members of the public to reach out to the applicant team and/or City staff should they have any remaining questions or wish to seek further information regarding the project. For members of the public more interested in learning more about the project on their own, the City created a dedicated Cove at El Niguel webpage with all project details included (project EIR, technical studies, project plans, Staff Reports, Resolutions, etc.).

ANALYSIS - APPEAL
On September 23, 2022, Patrick Munoz with the law firm of Rutan and Tucker, LLP, on behalf of the Niguel Summit HOA, submitted a timely appeal of the EIR certification and project approvals of the Cove at El Niguel by the Planning Commission. The appeal authority of Planning Commission decisions is the City Council. In accordance with the appeal provisions of the LNZC, the City Council is to act on the appeal not later than 60 calendar days, or as soon as possible thereafter, after receipt of the appeal.

Consideration and action on the appeal on November 15, 2022 would be consistent with the City's appeal timeline, which would conclude on November 22, 2022.

The stated grounds for appeal by Rutan and Tucker, LLP are included in their appeal letter (Attachment F) and generally focus on three main issues, which are summarized below (in italics), followed by City's staff's response. The applicant's legal counsel, Gregory Powers with Jackson Tidus, has also prepared a written response to the appellant's letter which is included as Attachment G.

In their appeal letter, Rutan and Tucker, LLP, incorporate by reference their May 26, 2022 comment letter on the Draft EIR and supplemental letters to the Planning Commission, which are included as Exhibits 1 through 3 in the appeal letter. Detailed responses to the May 26, 2022 Draft EIR comment letter are included in the Final EIR as Exhibit 3 of Attachment C. The supplemental letters to the Planning Commission generally restate and/or amplify issues raised in the May 26, 2022 comment letter, refute any applicability of the Housing Accountability Act ', and opine that the Final EIR response to comments were inadequate.

1. CEQA Compliance
The appeal letter asserts that the EIR does not comply with a number of requirements of CEQA as detailed in their May 26, 2022 letter commenting on the Cove at El Niguel Draft EIR and two subsequent letters to the Planning Commission. The appeal letter states that the certification of the EIR itself is therefore invalid, meaning the required findings for the remaining project approvals cannot properly be made.

Carlson Strategic Land Solutions (City environmental consultant), in collaboration with City staff and other City third-party consultants, prepared the project EIR. City staff's position continues to be the same, as was affirmed by the Planning Commission, the project EIR was prepared pursuant to CEQA, CEQA Guidelines, and the City's CEQA Manual. For a more detailed analysis on how the project complies with CEQA, please refer to Environmental Impact Report EIR 22-02, including referenced exhibits (Attachment C).

2. Land Use/Zoning Designation
The appeal letter contends the project site's General Plan land use and zoning designations are open space thereby precluding residential development as detailed in their May 26, 2022 letter commenting on the Cove at El Niguel Draft EIR and two subsequent letters to the Planning Commission. Several of the appeal grounds are rooted in this claim.

Detailed responses to the May 26, 2022 Draft EIR comment letter pertaining to land use and zoning are included in the Final EIR, Exhibit 3 of Attachment C. The appellant's supplemental letters to the Planning Commission generally reiterate issues raised in the May 26, 2022 letter. Below is an abbreviated City staff response regarding the property's land use and zoning designations. 1 The Housing Accountability, Government Code section 65589.5, establishes limitations to a local government's ability to deny, reduce the density of, or make infeasible housing development projects, which are consistent with objective local development standards and contribute to meeting housing need.

Following the 1998 landslide, the City applied for grant funding to acquire the subject property and others affected by the landslide through the Hazard Mitigation Grant Program (HMGP), as administered by the Federal Emergency Management Agency (FEMA). The HMGP funding was specifically created to assist California homeowners affected by the El Niño landslides of 1998, and the City was intending to use the funding to purchase the subject property. To be eligible for funding, the residential land use and zoning designations of the properties in question had to be changed to open space. The City proceeded to take action to modify the respective land use and zoning designations accordingly through the adoption of General Plan Amendment GPA 02-03 and Zone Change ZC 02-02 following noticed public hearings. However, at the request of the subject property owner, the City included a "sunset provision" providing a contingency that the properties revert to their former residential designations in order to preserve future development rights in the event that the HMGP application was unsuccessful. The sunset provision stated in pertinent part that the General Plan Amendment and Zone Change "shall become void and of no force and effect, and the subject properties shall revert to their former land use designations [or zoning districts], if the HMGP funding is materially reduced, deobligated, or otherwise required to be returned." To be sure, the sunset provisions were adopted as part of the General Plan Amendment and Zoning Change that went through the required process under the state's planning and zoning law, including public hearings before the Planning Commission and City Council.

Despite multiple City appeals, the City was ultimately unsuccessful in obtaining the requested HMGP grant funding. Consequently, the sunset provision took effect and the properties reverted to the original residential land use and zoning designations.

The open space designations on the project site became void and of no force and effect. The subject property is designated "Residential Attached" in the General Plan and zoned "Residential Multi-Family" (RM) District in the Zoning Code. Further supporting this position, the City has repeatedly and consistently identified the subject property with a residential designation in the General Plan Map and Zoning Map confirming that the property's land use and zoning are designated for residential uses.

This also includes the City's adopted 2013-2021 General Plan Housing Element and the General Plan Land Use Element, which states as follows for the subject profile area:
"In 1998, 10 homes on Via Estoril (Sub Profile E) and all 41 units in the Crown Cove condominium project (Sub Profile F) were affected by the Niguel Summit/Via Estoril landslide. GPA 02-03 was approved on 10/1/2002 to redesignate these properties as open space. However, the sunset provision contained in Resolution No. 2002-703 became effective due to the deobligation of funding for the landslide repair, and therefore, GPA 02-03 became null and void. The land use map, general plan text and statistical summary were restored to pre GPA 02-03 versions (12/31/2011)." Also significant, the statute of limitations challenging the prior adoption of General Plan Amendment GPA 02-03 and Zone Change ZC 02-02 expired in 2003, 90 days after adoption by the City Council. The Niguel Summit HOA was an active participant in those proceeding and did not comment or challenge these actions, including the sunset provision, at that time.

For reference, the claim that the land use and zoning designations of the property are open space was raised at the August 23, 2022 Planning Commission meeting. The Commission concurred with City staff and made positive findings affirming the project site's land use and zoning designations are residential.

3. Site Suitability (Geotechnical)
The appeal letter argues that the project is not physically suitable for the site due to geotechnical hazards that have not been fully and properly analyzed, and thus, the required findings for the project approvals cannot be made as detailed in their May 26, 2022 letter commenting on the Cove at El Niguel Draft EIR and two subsequent letters to the Planning Commission.

A comprehensive response to the geotechnical related comments is included in the Final EIR, Exhibit 3 of Attachment C. In short, a geotechnical investigation of the site conditions and an assessment of potential development of the Cove at El Niguel project was performed and documented by American Geotechnical, Inc. (AGI), the applicant's geotechnical consultant, which concludes that the site is suitable for the proposed development, exceeds both the required short and long term Factors of Safety, and complies with the City' Grading Code standards. This also includes a finding that the project would not undermine the integrity of the prior landslide remediation or adversely impact neighboring properties. This includes the retaining walls, soil nails, tieback systems, and reinforced caissons on the adjoining Niguel Summit property. AGI has gone as far as stating that "the degree of certainty about the site stability is at the highest level."2 The City's third-party geotechnical consultant, GMU Geotechnical, Inc., (GMU) has independently reviewed the geotechnical reports and plans to ensure hillside safety and compliance with adopted codes. The geotechnical reports for the project are included in Appendix F1-F5 of Environmental Impact Report EIR 22-02 (Exhibit 4 of Attachment C).

As was stated at the Planning Commission meetings, this project (re-building of townhomes due to a natural disaster at nearly half the density) has been in process for nearly a decade. The tenure of this project in process is unparalleled in the City's history. This is primarily due to the extent of geotechnical evaluation by AGI and GMU on this City's behalf given the historic landslide. To date, there has been no proof or other fact-based evidence from a geotechnical firm or firms retained by either the Niguel Summit HOA or their legal counsel disproving the near decade-long analysis and conclusions by AGI and independently vetted by GMU, the City's geotechnical expert
Should the City Council deny the project and also conclude that the property is totally unbuildable, the City Council should demonstrate that conditions on the property render development a public nuisance, such as threatening the safety or stability of other properties. In order to support this position, the City would need to develop facts to demonstrate the existence of a public nuisance, which are unavailable in the project 2 AGI Memorandum dated February 3, 2022, titled Response to Questions Regarding Geotechnical Review (Appendix F1-F5, Exhibit 4 of Attachment C).

administrative record because the EIR has found that the proposed project would not cause a significant environmental impact. Without such evidence, the property owner may allege that the City has effected a "regulatory taking"3 of its property by depriving the landowner of their property rights. In addition, rezoning the property to open space could result in a violation of certain state housing laws that are intended to preserve land for residential development unless the City identifies other land to compensate for the loss of residential capacity (SB 330).

Slope Inclinometers
The appeal letter also makes reference to the lack of recent inclinometer readings by AGI on the Niguel Summit property. As a part of the landslide repair a total of 31 inclinometers were installed to measure any subsurface slope movement. Three of the 31 inclinometers were located on the Cove at El Niguel property and 28 were installed above on Niguel Summit property. All three of the inclinometers on the project site have been routinely monitored and there have been no indications of substantive or concerning movement on the Cove at El Niguel property.

Regarding the inclinometers on Niguel Summit's property, the most recent inclinometer readings accessible to AGI are from May 2014 (AGI was also the geotechnical consultant for the Niguel Summit HOA at the time). In 2014, the readings indicated that there were no signs of substantive or concerning movement. According to the applicant team, in December 2015, they were informed by the legal counsel for the Niguel Summit HOA (Tinnelly Law Group) that they were expressly prohibited from accessing their inclinometers or conducting any land surveying activities on the HOA's property. The applicant's attorney provides more details on this matter in their appeal letter response included as Attachment G.

Upon receiving the appeal letter from Rutan and Tucker, LLP, City staff contacted the property management for the Niguel Summit HOA offering to have the City's independent geotechnical expert (GMU) review any current HOA inclinometer readings they would like to share if received by October 24, 2022. In response the property management for the Niguel Summit HOA emailed that the inclinometer readings were considered client/attorney privileged documents. As of the writing of this staff report, HOA inclinometer readings have not been provided to the City. Based on the available collection of geotechnical evidence, GMU has shared with City staff that the absence of these offsite inclinometer readings does not compromise their conclusions of development feasibility as extensively documented. Furthermore, any reading of offsite inclinometers would speak more to potential upslope conditions on Niguel Summit property rather than the stability of the on-site buttress which has been shown to exceed the required Factor of Safety required to accommodate an upper residential pad directly on the buttress (as previously noted and while technically feasible, an upper pad is not proposed at this time).
3 Under the Fifth Amendment to the United States Constitution, one way that a regulatory taking might occur is when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property.

Alternative Action - Indemnification
The appeal letter includes a request that the City impose a condition of approval requiring the following should their appeal be denied.

The project applicant/developer shall indemnify all homeowners within Nigue/ Summit as well as its Board of Directors, in perpetuity, for any future damage that may be caused by any earth movement on the project site, or any earth movement caused by and/or arising out of or in any way connected to development or operation of the project, whether on the project site or outside of the project site and within the Niguel Summit community.

The letter further goes on to request that the applicant be required to pay for the periodic inspections and readings of Niguel Summit's inclinometers and a full inspection of the entire drainage system and pipelines that connect Niguel Summit and the project site.

The City has never required a project applicant to indemnify an adjacent landowner or landowners for claims or damages arising out of proposed development, nor is staff aware of any other agency that has done so. In discussing with the applicant if they would consider the indemnification, they said no. This would set a precedent for this and future projects which would likely result in the applicant challenging the imposition of such a condition due to a lack of nexus between the project's potential impacts and just cause to impose such a condition. As is the case with this or any development project, each party is responsible for proper care of their respective properties. Should either party be the victim of harm or loss due to the other party, they would have the opportunity to pursue appropriate compensation as provided for under the law. The City is not in a position to manage the risk of unknown hazards associated with this project, particularly given that the evidence prepared in support of the project shows that it would not cause a significant environmental impact.

Regarding the other requests related to the applicant paying for or performing inclinometer and drainage monitoring on Niguel Summit's property, the applicant also objects to this request, which is currently the responsibility of the Niguel Summit HOA The requested condition of approval in the appeal letter is similarly inappropriate because it would require the applicant to access the adjacent Niguel Summit property.

Should the proposed project move forward, the City will ensure compliance with all applicable development regulations as part of the City's permitting and inspection process. The Niguel Summit HOA should continue to be responsible for performing inclinometer and drainage monitoring of their property. The applicant (or successor) would be responsible for inclinometer and drainage monitoring of the Cove at El Niguel property. As with the indemnity request, there is no evidence of a significant environmental impact that would justify the imposition of such a condition.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
EIR 22-01
Environmental Impact Report EIR 22-02 (Exhibits 1-5 of Attachment C) has been prepared for the project pursuant to CEQA, CEQA Guidelines, and the City's CEQA Manual. The purpose of this EIR is to inform the public and decision-makers of the project's potential environmental impacts and include mitigation measures, as necessary, to reduce environmental impacts. Ine Elk includes a description of the project, an evaluation of the potential environmental impacts, and a consideration of project alternatives. In summary, the EIR determined that all CEQA environmental impact categories were either not significantly impacted by the project or can be mitigated to a level of less than significant.

EIR Comments
Beginning on April 11, 2022, the Draft EIR was made available for a 45-day public review period. In response, the City received a total of 29 written comments on the Draft EIR (27 from individuals, one from the Building Industry Association, and one from Rutan and Tucker, LLP, representing the Niguel Summit HOA). Detailed responses to these comments were provided to each of the commenters and are included as part of the Final EIR, included as Exhibit 3 of Attachment C.

ALTERNATIVES CONSIDERED

1. Articulate findings supported by substantive and factual evidence for approval of the appeal denying the Cove at El Niguel project and overturning the Planning Commission's actions, and direct City staff to draft corresponding Resolutions.

2. Provide City staff with other direction.

FISCAL REVIEW
There would be no direct fiscal impact as a result of denying the appeal and upholding the Planning Commission's actions.

LEGAL REVIEW
The Special Counsel's Office has reviewed and approved this report and corresponding Resolutions as to form.

CONCLUSION
The Cove at El Niguel project consists of re-building 22 townhomes on the project site that formerly included 41 townhomes prior to the 1998 landslide. Excluding minor exceptions to development standards requested to facilitate reduced grading and constrain proposed development to the lower half of the property away from Niguel Summit, the project complies with City zoning requirements. An EiR was prepared for

the project and the project impacts on all environmental categories have been deemed less than signiticant or less than signiticant with mitigation measures. he Planning Commission considered the item at a duly noticed public hearing and unanimously approved the project. The project has been appealed by the Niguel Summit HOA. City staff has considered the merits of the appeal and continues to support the approval actions and findings by the Planning Commission and recommends denying the requested appeal.
som pagan For
Amber Gregg
Development Services Manager Planning Consultant
Holle
Jonathan Orduna Nicholas Ghirelli
Community Development Director Special Counsel
Janara SEptonmau
Tamara S. Letourneau
City Manager
Attachments:

A. Planning Commission Staff Report, August 23, 2022
B. Planning Commission Staff Report, September 13, 2022 C. Resolution No. 2022-1411 (EIR 22-02)
Exhibits

1. Findings of Fact

2. I Draft EIR 22-02

3. Final EIR 22-02

4. EIR 22-02 Appendices

5. Mitigation Monitoring and Reporting Program
D. Resolution No. 2022-1412 (TTM 17721)
E. Resolution No. 2022-1413 (SDP 16-04 and MA 22-11)
F. Appeal Letter, Rutan and Tucker, September 23, 2022
Applicant's Appeal Letter Response, Jackson Tidus, November 1, 2022 H. Reduced Size Project Plans

ATTACHMENT B
Resolution No. 2022-1411 (EIR 22-02)
RESOLUTION NO. 2022-1411

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

NIGUEL, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE

PLANNING COMMISSION'S CERTIFICATION OF ENVIRONMENTAL
IMPACT REPORT EIR 22-02 (SCH NO. 2021110122) AND ADOPTION

OF A MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) FOR TENTATIVE TRACT MAP TTM 17721, SITE
DEVELOPMENT PERMIT SDP 16-04, INCLUDING ALTERNATIVE
DEVELOPMENT STANDARDS AND MINOR ADJUSTMENT MA 22-11,

AND MAKE FINDINGS PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (THE COVE AT EL NIGUEL)
WHEREAS, the APPLICANT, Laguna Niguel Town Properties, 27422 Portola Parkway, Suite 300, Foothill Ranch, CA 92610, requests approval of Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 (The Cove at El Niguel) to redevelop the 4.2-acre property with a proposed 22-unit townhome-style residential development.

The site previously contained 41 homes that were demolished following the Via Estoril Landslide in March 1998. The site has been vacant since the prior homes were demolished and the surrounding hillside reinforced, with a landslide buttress area separating the reinforced hillside from the project site. Under the proposed project, residential development would be limited to the approximate 2 acre pad area along Crown Valley Parkway and predominately outside of the landslide buttress area. The remaining approximately 2.2 acres of the site is proposed to remain undeveloped. The site is within the Residential Multi-Family (RM) Zoning District and the Residential Attached Land Use Designation in the General Plan. The site is generally located between Via Valle and Club House Drive, at Playa Blanca, on the north side of Crown Valley Parkway.

WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Manual, the City of Laguna Niguel is the lead agency for the project, as the public agency with the principal responsibility for approving the project.

WHEREAS, the City, as lead agency, determined that an Environmental Impact Report should be prepared pursuant to CEQA to analyze all potential adverse environmental impacts of the proposed project.

WHEREAS, on November 8, 2021, the City issued a Notice of Preparation (NOP) of the Environmental Impact Report for a period of 30 days. The NOP was filed with the California Office of Planning and Research State Clearinghouse and distributed to local, county, and state agencies, property owners within 500 feet of the project site, and to those on the City's project interest list. Concurrently, a notice of a public Environmental Impact Report scoping meeting was distributed.

WHEREAS, on November 17, 2021, the Environmental Impact Report scoping meeting was held during the NOP review period to receive agency and public input regarding the scope and content of the Environmental Impact Report.

Resolution No. 2022-1411 Page 2
EIR 22-02 (Cove at El Niguel)
WHEREAS, on April 11, 2022, the City issued a Notice of Availability (NOA) for the Draft Environmental Impact Report. The NOA identified a 45-day public review and comment period beginning April 11, 2022 and ending May 27, 2022. The Draft Environmental Impact Report was made available for review at Laguna Niguel City Hall, and on the City's website. The NOA was distributed to local, county, and state agencies, property owners within 500 feet of the project site, interested parties, and was published in the Orange County Register. Concurrently, a Notice of Completion (NOC) was filed with the California Office of Planning and Research State Clearinghouse.

WHEREAS, all environmental impacts were sufficiently analyzed in Draft Environmental Impact Report EIR 22-02 (SCH No. 2021110122). The Draft Environmental Impact Report determined that all of the environmental effects of the project are either less than significant or can be mitigated to less than significant.

WHEREAS, all comments received on Draft Environmental Impact Report EIR 22- 02 during the 45-day public review and comment period beginning April 11, 2022 and ending May 27, 2022, have been responded to in writing. Findings of Fact have been prepared. Collectively, the Draft Environmental Impact Report, Response to Comments, and Findings of Fact constitute the Final Environmental Impact Report.

WHEREAS, pursuant to Public Resources Code Section 21092.5 and the City's CEQA Manual, the City provided copies of the Final Environmental Impact Report, including Responses to Comments, to commenting agencies and commenting individuals and organizations at least 10 days prior to the August 23, 2022, Planning Commission hearing.

WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared to identify all required mitigation measures, the timing of implementation of each measure, and the responsible party for each measure.

WHEREAS, a notice of public hearing describing the project, date, time, and location of the August 23, 2022 Planning Commission hearing was advertised in the Orange County Register at least 10 days prior to the hearing date. Hearing notices were also mailed to property owners within 500 feet of the project boundaries, and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on August 23, 2022, the Planning Commission held a duly noticed public hearing on the subject project and considered all evidence presented by City staff and other interested parties. The Planning Commission closed the public hearing on that date and continued the item to the September 13, 2022 meeting.

WHEREAS, on September 13, 2022, the Planning Commission of the City of Laguna Niguel continued its deliberations on the project and certified the Environmental Impact Report, adopted a mitigation monitoring program by adoption of Resolution 22- 13, and made findings of fact in accordance with CEQA.

Resolution No. 2022-1411 Page 3
EIR 22-02 (Cove at El Niguel)
WHEREAS, on September 23, 2022, A. Patrick Munoz with Rutan and Tucker, LLP, on behalf of the Niguel Summit Community Association ("Niguel Summit") filed a timely appeal of the Planning Commission's decision to approve the application and certify the EIR to the City Council (EIR 22-02).

WHEREAS, a notice of public hearing describing the appeal and project, and identifying the date, time, and location of the November 15, 2022, City Council hearing was advertised in the Orange County Register at least 10 days prior to the hearing date.

Hearing notices were also mailed to property owners within 500 feet of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on November 15, 2022, the City Council of the City of Laguna Niguel conducted a duly noticed public hearing and considered all evidence presented by City staff and other interested parties. The City Council continued the item to a date certain, a special meeting scheduled for December 5, 2022.

WHEREAS, on December 5, 2022, the City Council of the City of Laguna Niguel reopened the continued public hearing on the application, closed the public hearing, and after deliberation adopted this Resolution to deny the appeal and uphold the Planning Commission's decision to certify Environmental Impact Report 22-02, adopt the Mitigation Monitoring and Reporting Program, and make findings in support thereof.

WHEREAS, the City of Laguna Niguel Community Development Department shall serve as the custodian of the Environmental Impact Report document and all appendices, supporting studies, figures, and related documents which constitute the record of proceedings and are available for review at the Community Development Department, located at 30111 Crown Valley Parkway, Laguna Niguel, CA 92677.

NOW THEREFORE, the City Council of the City of Laguna Niguel hereby resolves as follows:

SECTION 1. In accordance with CEQA Guidelines Section 15025(c), the City Council has been presented with the Draft and Final Environmental Impact Report and independently reviewed and considered the Draft and Final Environmental Impact Reports for the project. The City Council finds that Environmental Impact Report EIR 22- 02 (SCH No. 2021110122) is adequate and has been completed in compliance with CEQA, the CEQA Guidelines, and the City's CEQA Manual.

SECTION 2. The City Council has independently reviewed and considered the information contained in Environmental Impact Report EIR 22-02, including Appendices and Response to Comments, and received comments provided at the noticed public hearing at which the project was considered prior to making a decision on the proposed project.

Resolution No. 2022-1411 Page 4
EIR 22-02 (Cove at El Niguel)
SECTION 3. Environmental Impact Report EIR 22-02 contains sufficient information and analysis to allow the City Council to make an informed decision on the project, considering the environmental implications of the proposed project, mitigation measures, and alternatives.

SECTION 4. Section 15091 of the State CEQA Guidelines requires that the City, before approving the project, make one or more of the following written findings for each significant effect identified in the Final Environmental Impact Report accompanied by a brief explanation of the rationale for each finding:
a. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report; b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or
c. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final Environmental Impact Report.

These required findings are set forth in the attached Exhibit 1 and incorporated herein by this reference.

SECTION 5. Environmental impacts identified in the Final Environmental Impact Report that are found to have no impact or a less than significant and do not require mitigation are described in Section IV of Exhibit 1, attached hereto and incorporated herein by reference.

SECTION 6. Environmental impacts identified in the Final Environmental Impact Report as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section V of Exhibit 1 attached hereto and incorporated herein by reference.

SECTION 7. Alternatives to the project that might eliminate or reduce significant environmental impacts are described in Section VI of Exhibit 1, attached hereto and incorporated herein by reference.

SECTION 8. On the basis for the foregoing and all of the evidence in the administrative record before it, the City Council does hereby adopt the CEQA "Findings of Fact" attached hereto as Exhibit 1. As noted above, the Findings of Fact summarize the impacts of the project and the mitigation measures required to avoid or substantially lessen each of those impacts and alternatives for the project, and the "substantial Resolution No. 2022-1411 Page 5
EIR 22-02 (Cove at El Niguel)
evidence in the record" supporting the finding that each impact will be avoided or substantially lessened.

SECTION 9. The Final Environmental Impact Report reflects the City Council's independent judgment and analysis.

SECTION 10. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the project under CEQA.

SECTION 11. On the basis of the foregoing and all of the evidence before it, the City Council does hereby certify Environmental Impact Report EIR 22-02 for Tentative Tract Map TTM 17721, Site Development Permit SDP 16-04, including alternative development standards, and Minor Adjustment MA 22-11 (Cove at El Niguel), attached hereto as Exhibits 2 through 4, adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit 5, denies the appeal and upholds the Planning Commission's decision to do the same. The Mitigation Monitoring and Reporting Program specifies the measures to mitigate the environmental effects associated with the subject project and the monitoring efforts needed to ensure that the measures are effectively implemented. be filed with the County Clerk in Orange County in accordance with CEQA Guidelines.

SECTION 13. CITY CLERK CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 5th day of December, 2022:

Elaine Gennawey, Mayor
ATTEST:

Marissa Asistin, City Clerk
Resolution No. 2022-1411 Page 6
EIR 22-02 (Cove at El Niguel)
Exhibit(s):

Findings of Fact
Final environmental Impact Report EIR Z2-U2
Draft Environmental Impact Report EIR 22-02
Environmental Impact Report EIR 22-02 Appendices
Environmental Impact Report EIR 22-02 - Mitigation Monitoring and Reporting Program

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

LAGUNA NIGUEL )
I, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2022-1411 which was adopted at a special meeting of the City Council of the City of Laguna Niguel, California, held on December 5, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk
EXHIBIT 1
Findings of Fact
EXHIBIT 1

CEQA FINDINGS OF FACT
FOR

THE COVE AT EL NIGUEL RESIDENTIAL PROJECT

FINAL ENVIRONMENTAL IMPACT REPORT

CITY OF LAGUNA NIGUEL
STATE CLEARINGHOUSE NO. 2021110122
I. INTRODUCTION
The California Environmental Quality Act ("CEQA") requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ("EIR") prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with The Cove at El Niguel August 2022
CEQA Findings of Fact Page 1
identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based.

A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta II).)
The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001 ["an alternative 'may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record'"].) An alternative may also be rejected because it "would not 'entirely fulfill' [a] project objective." (Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 314-315.) "[F]easibility" under CEQA encompasses ' desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) "Broader considerations of policy thus come into play when the decision making body is considering actual feasibility than when the EIR preparer is assessing potential feasibility of the alternatives." (California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000.)
With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse The Cove at El Niguel August 2022
CEDA Findings of Fact Page 2
environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "It]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, supra, 52 Cal.3d at p. 576.) Having received, independently reviewed, and considered the Draft Environmental Impact Report (Draft EIR) and the Final Environmental Impact Report (Final EIR) for the Cove at El Niguel Residential Project, SCH No. 2021110122 (collectively, the EIR), as well as all other information in the record of proceedings on this matter, the following Findings of Facts (Finding") are hereby adopted by the City of Laguna Niguel (City) in its capacity as the CEQA Lead Agency.

These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Cove at El Niguel Residential Project (Project).

This action includes the certification of the following:
• The Cove at El Niguel Residential Project Environmental Impact Report, SCH No. 2021110122
A. DOCUMENT FORMAT
These Findings have been organized into the following sections:
1) Section I provides an introduction.
2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. 3) Section III provides a summary of the environmental review process related to the project, and a summary of public participation in the environmental review for the project. 4) Section IV sets forth findings regarding the environmental impacts that were determined to result in no impact or a less than significant impact given the nature and location of the Project. 5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the Final EIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Project and adopted as conditions of the Project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence The Cove at El Niguel August 2022
CEQA Findings of Fact Page 3
to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. I.
6) Section VI sets forth findings regarding alternatives to the Project. 7) Section VII sets forth the resolution regarding certification of the EIR 8) Section VIII sets forth the resolution adopting a mitigation and monitoring plan for the Project. 9) Section IX sets forth the resolution regarding custodian of records for the Project.

B. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents and other evidence, at a minimum:
• In accordance with CEQA, a Notice of Preparation (NOP) of a Draft EIR was filed with the State Clearinghouse on November 8, 2021. The State Clearinghouse assigned State Clearinghouse Number 2021110122;
• The Draft EIR (DEIR) for the Project;
• The Final EIR (FEIR) for the Project;
• All written comments submitted by agencies or members of the public during the public review comment period on the DEIR;
• All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR;
• All written and verbal public testimony presented during a noticed public hearing for the Project;
• The Mitigation Monitoring and Reporting Program;
• The reports and technical memoranda included or referenced in the Response to Comments; • All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR;
• The Resolutions adopted by the City of Laguna Niguel in connection with the Project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto;
Matters of common knowledge to the City of Laguna Niguel, including but not limited to federal, state, and local laws and regulations;
The Cove at El Niguel August 2022
CEQA Findings of Fact Page 4
• Any documents expressly cited in these Findings; and
• Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).

The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Laguna Niguel Planning Division Counter. The custodian for these documents is the City of Laguna Niguel. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).

C. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Laguna Niguel Planning Division, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677. The City's Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 5
II. PROJECT SUMMARY
A. PROJECT LOCATION
The City of Laguna Niguel (City) is in southern Orange County, southern California. It is bordered by Laguna Hills and Aliso Viejo to the north, San Juan Capistrano and Mission Viejo to the east, Dana Point to the south, and Laguna Beach and unincorporated Orange County (Aliso and Wood Canyons Wilderness Park) to the west.

The proposed Project lies on a 4.2-acre property and is located on Crown Valley Parkway at Playa Blanca in the City. The property is comprised of one lot, Assessor's Parcel Number (APN) 656- 231-02. The topography of the site is generally sloping downward from west to east. Elevations on-site range from approximately 450 feet above mean sea level (msl) at the westerly boundary to approximately 360 feet msi along the east boundary.

B. PROJECT DESCRIPTION
The Project site was originally graded and developed in 1979 as a 10-building townhome project with 41 condominiums. On March 19, 1998, a large landslide (Via Estoril Landslide) destroyed part of the former 41-unit condominium development on the site, as well as nine (9) single-family homes located above the site.

Following the landslide, the entire 41-unit condominium project was demolished to perform grading necessary to stabilize the former landslide. The landslide was repaired between 1998 and 2000 and involved installation of a caisson wall with tieback anchors, removal of the 10 condominium buildings and associated structures, partial removal of the landslide mass, installation of subdrains, and construction of a compacted fill buttress. The work included an application by the Niguel Summit Community Association to re-grade the hillside, re-compact and re-contour the slope and to construct a buttress at the base of the slope, and the associated site development permit was approved by the City in 1999. The repair work was overseen by the City and a variety of consultants, including American Geotechnical representing the Niguel Summit Homeowners Association. American Geotechnical developed the plans for construction including refinements, calculations, detailing, structural analysis and the preparation of the repair plans and provided the field services during the construction of the stabilization measure for the landslide.

Following the Via Estoril Landslide in March 1998, the City applied for funding through the Hazard Mitigation Grant Program (HMGP), administered by the Federal Emergency Management Agency (FEMA) and Office of Emergency Services (OES). FEMA and OES initially approved a grant of $5.7 million for the City's acquisition of the damaged properties. As a nondiscretionary condition of funding, FEMA/OES required the land use designations on the properties be changed to open space and a conservation easement be conveyed to the City.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 6
Pursuant to the HMGP requirements for funding, on October 1, 2002, the City Council adopted Resolution No. 2002-703 approving General Plan Amendment (GPA) 02-03 to change the land use designation of the project site from Residential Attached (RA) to Open Space (OS) and the land use designation on 10 single family lots along Via Estoril from Residential Detached (RD) to OS. To maintain vertical consistency among planning documents, on October 15, 2002, the City Council adopted Ordinance No. 2002-122 approving Zone Change (ZC) 02-02 to change the zoning of the project site from RM Multifamily District to Open Space (OS) and the zoning of 10 single family lots along Via Estoril from RS-3 Single Family Residential District to OS.

The City intentionally held the conveyance of the conservation easement in abeyance pending receipt of the FEMA funding.

Both the GPA Resolution and the ZC Ordinance included a "sunset provision" stating that the GPA and ZC would become void and of no force and effect and the properties would revert back to their former land use designations if HMGP funding is deobligated.

The GPA Resolution states:
"GPA 02-03 shall become void and of no force and effect, and the subject properties shall revert to their former land use designations, if the HMGP funding is materially reduced, deobligated, or otherwise required to be returned. Additionally, should the "sunset provision" take effect and the subject properties revert to their former land use designations and zoning districts, any new development project proposed on the subject properties shall require that the Planning Commission approve a Site Development Permit or other applicable discretionary actions, including compliance with the California Environmental Quality Act and the preparation of other technical studies such as geotechnical reports."
The ZC Ordinance states:
"This Ordinance CA 2002-122 shall become void and of no force and effect, and the subject properties shall revert to their former zoning districts, if the HMP funding is materially reduced, deobligated, or otherwise required to be returned.

Additionally, should the "sunset provision" take effect and the subject properties revert to their former land use designations and zoning districts, any new development project proposed on the subject properties shall require that the Planning Commission approve a Site Development Permit or other applicable discretionary actions, including compliance with the California Environmental Quality Act and the preparation of other technical studies such as geotechnical reports." FEMA deobligated the HMGP funds because the landowners had been compensated by insurance payments and FEMA does not allow for double recovery for property owners affected by the landslide. Upon the deobligation of the funds by FEMA, the "sunset provision" in both the GPA The Cove at El Niguel August 2022
CEQA Findings of Fact Page 7
and ZC took effect and the properties reverted back to the original Residential Attached and Multifamily land use and zoning designations. As a result, the OS designation on the project site, as well as the Via Estoril lots, became void and of no force and effect.

The Project site has remained vacant since the landslide repair. In 2012 and 2013, American Geotechnical prepared feasibility reports and then conducted a preliminary geotechnical investigation for a proposed 38-unit condominium complex on the Project site, where residential units were proposed throughout the 4.2-acres on both the lower eastern portion of the Project site and upper western portion of the Project site. Although the proposal was never approved, the findings and recommendations contained in American Geotechnical's feasibility reports and preliminary geotechnical investigation was conditionally approved by the City's geotechnical reviewer, Goffman, McCormick, and Urban Geotechnical Inc. (GMU).

The proposed Project will result in the construction of 22 three-story condominium style homes configured in 6 triplex and 2 duplex buildings on approximately 2 acres located adjacent to Crown Valley Parkway on a generally flat portion of the site, and approximately 2.2 acres of open space on a steeper portion of the site uphill and west of the flat portion of the site. The 4.2-acre Project site is designated as APN 656-231-02. The property will be subdivided into two lots, Lot 1 and Lot A. Lot 1 includes the 2-acre residential area adjacent to Crown Valley Parkway and Lot A, a lettered lot on the tentative tract map, does not permit residential home construction. The Project is consistent with the existing Residential Attached General Plan land use designation for the site and the existing Multi-Family District, RM zoning for the site. The discretionary actions to be considered by the City as part of the proposed Project include a Tentative Tract Map (TTM 17721), Minor Adjustment, and a Site Development Permit (SP 16-04) including Alternative Development Standards. There are no other discretionary approvals required by Responsible or Trustee Agencies for the proposed Project.

C. DISCRETIONARY ACTIONS AND APPROVALS
Project development requires the following discretionary actions and approvals from the City:
• Tentative Tract Map (TTM) 17721. The Project requires City approval of a Tentative Tract Map TTM 17721 to form two lots within APN 656-231-02. Lot 1 would encompass the relatively flat, rectangular-shaped, approximately 2-acre portion of the parcel in the eastern portion of the site. Lot A would encompass the steeper hillside and flat areas in the western approximately 2.2-acre portion of the parcel. Lot 1 would be developed with the proposed 22 condominium style homes and ancillary development and utility improvements. Lot A, a lettered lot on the tentative tract map, does not permit residential home construction. • Alternative Development Standard. Three alternative development standards are being requested: common open space, active recreation, and building heights.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 8
• Minor Adjustment. Minor Adjustment provides an adjustment for retaining walls that exceed the 12-foot height limit established in the Zoning Code. The tallest wall found on the Project site is located in the northern portion and measures approximately 15.5 feet. • Site Development Permit SDP 16-04. A site development permit is required for all projects that involve construction of any structure, except in certain limited circumstances. The project involves construction of multiple structures. The applicant is therefore proposing a site development permit for the project.
• Certification of Environmental Impact Report EIR 22-02, and Adoption of Findings of Fact and a Mitigation Monitoring and Reporting Program. An EIR is required by CEQA, and the City must certify the EIR and adopt Findings of Fact and a Mitigation Monitoring and Reporting Program before approving the above-listed project entitlements.

D. STATEMENT OF PROJECT OBJECTIVES
Objectives for the Project will aid decision makers in their review of the project and associated environmental impacts:

1. Provide new for-sale housing that is responsive to market conditions and provides a uniquely designed product type that is currently limited elsewhere in the City.

2. Design the grading and geotechnical stabilization to ensure site stability consistent with City codes and minimize grading into the existing previously stabilized landslide mass.

3. Design the grading and geotechnical stabilization to minimize off-site grading and balance the earthwork on site to minimize import/export, which would reduce air quality, noise, and traffic impacts from truck traffic on adjacent residential uses and City roadways.

4. Redevelop the previously existing residential site with a residential project consistent with existing General Plan and Zoning designations that provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs.

5. Create a financially successful development that is fiscally responsible by equitably contributing to the expansion and operation of the public services and facilities impacted by the project through the payment of fees.

6. Improve the aesthetic character along Crown Valley Parkway through enhanced landscaping consistent with General Plan policies.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 9
II. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Laguna Niguel CEQA Guidelines, the City conducted an extensive environmental review of the Project. • The City of Laguna Niguel concluded that a EIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from November 8, 2021, through February 21, 2022. The NOP was posted at the Orange County Clerk's Office on January 21, 2022. Under CEQA, a lead agency may proceed directly with preparation of a EIR without preparation of an Initial Study if it is clear that a EIR will be required (State CEQA Guidelines § 15060[d]). The City of Laguna Niguel made such a determination for this project and did not prepare an Initial Study.
• Completion of a scoping process, in which the public was invited by the City of Laguna Niguel to participate. The scoping meeting for the EIR was held on November 17, 2021, at 6:00 p.m. at the City Council Chambers at 30111 Crown Valley Parkway in Laguna Niguel. The notice of a public scoping meeting was included in the NOP distributed on November 8, 2021. • Preparation of a DEIR by the City of Laguna Niguel, which was made available for a 45-day public review period (April 11, 2022 through May 27, 2022). The Notice of Availability (NOA) for the DEIR was sent to all persons, agencies, and organizations on the list interested persons, uploaded to the State Clearinghouse for distribution to public agencies, and published in the Orange County Register. The NOA was posted at the Orange County Clerk's Office on April 11, 2022. Copies of the Draft EIR were made available for public review at the City of Laguna Niguel, Planning Division Counter at 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and the County Library - Laguna Niguel Branch at 30341 Crown Valley Parkway, Laguna Niguel, CA 92677. The DEIR was also available for review and download on City website: https://www.cityoflagunaniguel.org/CityCenterDEIR. • The FEIR contains comments on the DEIR, responses to those comments, revisions to the DEIR, if any, and appended documents. The FEIR was released for a 10-day agency review period prior to certification of the FEIR.
• After considering the EIR and in conjunction with making these findings, the City of Laguna Niguel hereby finds that, pursuant to Section 15092 of the CEQA Guidelines, approval of the project will result in significant effects on the environment; however, all of the significant effects will be eliminated or substantially lessened to less than significant through implementation of mitigation measures.
• The Mitigation Monitoring and Reporting Program is hereby adopted to ensure implementation of feasible mitigation measures identified in the EIR. The City of Laguna Niguel finds that The Cove at El Niguel August 2022
CEOA Findings of Fact Page 10
these mitigation measures are fully enforceable conditions on the project and shall be binding upon the City and affected parties.
• The City of Laguna Niguel finds that the Project is in the public interest and the Project does not cause significant public health, safety, and welfare impacts. • The City of Laguna Niguel hereby certifies the FEIR in accordance with the requirements of CEQA.
• Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final EIR and CEQA Findings of Fact shall be retained in the project files; b) copy of the Final EIR and CEQA Findings of Fact shall be provided to the project applicant who is responsible for providing copy of same to all CEQA "responsible" agencies.

IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE

POTENTIALLY AFFECTED BY THE PROJECT
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE

SCOPING PROCESS
Based on the public scoping process (including review of NOP responses and input at the public scoping meeting), in addition to analysis prepared for the DEIR, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues (see DEIR, Chapter 3, Impacts Found Not to Be Significant). It was determined, therefore, that these potential environmental issues would be precluded from detailed discussion in Chapter 4, Environmental Analysis, of the DEIR. Based upon the environmental analysis presented in the DEIR, and the comments received by the public on the DEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas:
(a) Agriculture and Forestry Resources: Implementation of the Project would not result in the conversion of any designated prime or otherwise significant farmland or lands currently in forest land use or designated as forest land. The site does not contain any "prime" agricultural land and no such land exists in the project environs, which has been urbanized with a variety of residential and public land uses. Furthermore, neither the Project site nor the surrounding area is designated for agriculture. Therefore, implementation of the proposed Project would have no impact on agricultural resources.

In addition, the Project site is neither zoned nor designated as forest land; no such land is designated in the City. Project implementation would not result in the conversion of any forest land subject to the Public Resources Code. Therefore, no direct or cumulative impacts to forestry resources would occur.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 11
(b) Mineral Resources: Neither the City's General Plan nor the State of California has identified the site or environs as a potential location for mineral resources of State-wide, regional, or local significance. A review of the City's General Plan, Natural Resources Element (2010) shows that no mineral resources are known to exist within the Project site. The site has been substantially altered as a result of grading and development; therefore, development of the Project site as proposed would not result in the loss of any locally important mineral resource recovery sites. Furthermore, the Project site is mapped as Mineral Resources Zone 1 which indicates that there is adequate information that no significant mineral deposits are present, or it is judged that little likelihood exists for their presence. No direct or cumulative impacts to mineral resources would occur as a result of Project implementation. (c) Population and Housing: The proposed Project is designated Residential Attached in the LNGP and zoned Multi-family District (RM) and includes the construction of 22 multi-family condominium residences to accommodate approximately 57 residents (22 dwellings × 2.61' average persons per household), therefore consistent with existing land use and zoning.

Compared to the City's 2020 estimated population of 67,285, the additional 57 residents would represent a less than one-tenth of one percent increase in population. Furthermore, the Project site was previously developed with 41 condominium units, which generated more population than the proposed Project. Therefore, the increase in population from the proposed Project is de minimis, resulting in less than significant direct and cumulative impacts. No mitigation is required.

Indirect impacts associated with the proposed Project are generated from construction activities which would provide temporary short-term employment opportunities within the City.

Additionally, the proposed Project would not extend roads and supporting infrastructure, and modifications to existing infrastructure would be conducted to specifically service the Project site as opposed to servicing the greater surrounding areas. Furthermore, the Project site is currently vacant and no residents occupy the site. Therefore, no displacement of existing housing or people would occur.
(d) Public Services: The project would increase the population of the City by less than one-tenth of one percent, which is determined to be de minimis. Although construction and operation of the Project would lead to an increased demand for fire protection services, the Orange County Fire Authority (OCFA) does not have existing deficiencies and currently provides an adequate level of protection for the site and area. Similarly, the Project site is currently served by the Orange County Sheriff's Department (OCSD), which currently patrols existing residential communities in the area including the Project site. The addition of the proposed Project would ' Laguna Niguel CEQA Manual, based on Department of Finance, Table E-5, January 2020.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 12
not change the fire services and police protection in the area or require additional staffing, equipment, or facilities.

Pursuant to Government Code Section 65996, the proposed Project would pay required statutory school impact fees (SCA PUB-1) to fully mitigate the addition of students, however minimal, to the Capistrano Unified School District (CUSD). Impacts are less than significant.

Additionally, the proposed Project would create an additional demand to library services in the City and County. However, on June 23, 2013, the Orange County Board of Supervisors adopted resolution No. 13-062 with respect to the Development Fee Program for Branch Libraries, stating that those facilities have been constructed and accordingly the fee program is no longer needed. Therefore, direct and cumulative impacts would be less than significant, and no mitigation is required.

According to Section 9-1-522 of the LNZC, the proposed Project has a local park code requirement of 0.14 acres. With Project implementation of PDF PUB-1, which provides 0.51 acres of recreational area, the local park code requirement would be satisfied. Therefore, direct and cumulative impacts would be less than significant, and no mitigation is required.

Standard Condition of Approval
SCA PUB-1 Consistent with current City requirements, the developer will pay to CUSD no less than the statutory school fees (California Government Code Section 65995) in effect at the time of issuance of building permits.

Project Design Features
PDF PUB-1 To meet the parkland dedication requirement per the LNZC, the Project has implemented the following areas onsite to achieve such requirement.

Area B: Active Recreation Area, includes two neighborhood parks both with open play lawns and one with a picnic table and BBQ. Totals 0.13 acres.

Area C: Private Yard Area are included for each 22 condominium units.

Totaling. Totaling 0.38 acres
(e) Recreation: The proposed Project is expected to house up to 57 residents based on the City's 2020 estimated occupancy of 2.612 - persons per dwelling unit, which in turn could generate an increased demand for recreation facilities. However, this increase to the City's population is negligible. Similarly, the increase in demand on parks and recreational facilities attributable to the proposed Project would be negligible and the proposed Project satisfied the local park code 2 Laguna Niguel CEOA Manual, based on Department of Finance, Table E-5, January 2020.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 13
requirement. Therefore, direct and cumulative impacts to existing recreational facilitates would be less than significant.

The proposed Project is required to satisfy the Quimby Act (LNZC Section 9-1-522) and meet open space requirements (LNZ Section 9-1-35.13) by providing 0.49 acres of parkland. As such, the proposed Project provides 0.51 acres of a combination of private yard space and two open play lawn areas for recreation for the residents and guests of the development, all of which would be onsite and maintained by the future HOA. Since the Project provides overall open space greater than required, potential direct and cumulative impacts on existing parks as a result of the increase in population from the proposed Project would be less than significant, and no mitigation is required.

The Project would not require the construction of new or expanded off-site recreational facilities that might have an adverse physical effect on the environment. All recreational facilities would be constructed on the project site, for which impacts to the environment were evaluated in the DEIR. No off-site recreational facilities would be constructed or expanded Direct and cumulative impacts would be less than significant, and no mitigation is required. (f) Utilities and Service Systems: Moulton Niguel Water District (MNWD) would provide wastewater services to the Project, and in order to make necessary tie-in to existing sewer line, the sewer line will be partially abandoned from Playa Blanca at Private Road "A" to the end of sewer line to the west end of Playa Blanca. Similar to the water system connection, design and coordination of the connection improvements will be made through MNWD during the building permit process to ensure construction requirements are met. Wastewater would flow to the 3A Treatment Plant and has an average flow of 1.8 million gallons per day (mgd) of wastewater with capacity for an additional 4.2 mgd. The Project would generate approximately 6,985 gallons per day (gpd) of wastewater, and therefore the treatment plant would have sufficient residual capacity for project-generated wastewater. SoCalGas would provide natural gas services to the Project. Compliance with the existing building code and SoCalGas construction and design regulations would ensure the Project's connection to the existing natural gas infrastructure is conducted safely and provides adequate service. Therefore, the Project would not result in the construction of new or expanded off-site natural gas facilities.

Impacts would be less than significant, and no mitigation is required. San Diego Gas and Electric (SDGE) would provide electrical service to the Project. An on-site connection to the existing electrical supply and distribution network within the area surrounding the Project would be made during construction and operation. Compliance with the existing building code and SDGE construction and design regulations would ensure the Project's connection to the existing electrical infrastructure is conducted safely and provides adequate service. An existing onsite 36-inch storm drain ultimately conveys onsite storm water flows under Crown Valley Parkway to the Siphon Creek Reservoir. The proposed Project would expand this storm drain The Cove at El Niguel August 2022
CEQA Findings of Fact Page 14
to 48 inches to improve the flow of stormwater, and estimated stormwater flows with the Project will be adequately accommodated. The proposed Project would generate a water demand of approximately 4.4 acre-feet/year (afy). The proposed project's water demand was incorporated in MNWD's 2020 Urban Water Management Plan (UWMP). The UWMP has adequate water supplies to meet the demand within its service area including the proposed project. MNWD forecasts that it will have sufficient water supplies to meet demands in its service area over the 2025 to 2045 period, in normal, single-dry, and multiple-dry year conditions. The proposed Project is estimated to generate approximately 55 pounds of solid waste per day. Sufficient landfill capacity is available (7,000 to 8,000 tons per day) in the region for estimated solid waste generation by the proposed project. The proposed Project would not conflict with federal, state, and local statutes and regulations related to solid waste.

No impact would occur, and no mitigation is required. Telephone services will be provided to the Project site by Pacific Bell and AT&T and cable services will be provided by Cox Communication. These services are privately operated and offered to each location in the City for a fee defined by the provider.

All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft EIR.

B. IMPACTS DETERMINED TO EITHER RESULT IN NO IMPACT OR BE LESS

THAN SIGNIFICANT IN THE DRAFT EIR
This section identifies impacts of the Project determined to be less than significant without implementation of project-specific mitigation measures. This determination assumes compliance with existing regulations, as detailed in each respective topical section of Chapter 4 in the Draft EIR.
(a) Aesthetics (AES-1 - AES-4 and Cumulative): The site was previously developed with 41 condominiums and, following the landslide in 1998, the landslide was repaired between 1998 and 2000 with the construction of structural elements and grading of the site, which altered and graded the Property's topography and terrain. Therefore, the elements of the Project site do not constitute a scenic vista, nor does the Project site have any elements typical of a scenic resource such as significant trees, rock outcroppings, or historic buildings on the Project site.

Additionally, no scenic vistas occur within the vicinity of the Project site that could be blocked by development on the Project site. The open space currently existing on the Project site does not constitute a scenic vista and views of the Project site from private residences are not protected.

Furthermore, the proposed Project is not adjacent to a State scenic highway. Although, the Project site is adjacent to Crown Valley Parkway, which is designated in the General Plan as The Cove at El Niguel August 2022
CEQA Findings of Fact Page 15
a local Landscape Corridor, the proposed Project includes a setback along Crown Valley Parkway to accommodate enhanced landscaping consistent with the Landscape Corridor designation. As a result, no significant impacts would occur and no mitigation is required.

The Project would be constructed in accordance with existing, applicable, development standards of the Laguna Niguel Zoning Code (LNZC). As stated in PDF AES-1, the proposed condominiums would be limited to the eastern, generally level portion of the site within Lot 1 and Lot "A" would remain open space, which would remain visible from Crown Valley Parkway and other vicinity roadways and properties. The open space would provide Project consistency with the open space policies enumerated in the General Plan, compatible with scenic enhancement and preservation, including Land Use Element Goals 5 and 6 and Open Space/Parks/Conservation Element Goals 1, 2, 5, and 6. A less than significant impact would occur, and no mitigation is required.

From a distance, the proposed Project would generally be integrated into the landform. The appearance of the overall development from middle-range and distant viewpoints would not contrast with existing development in the area and would be compatible with the aesthetic setting of the surrounding uses. Viewers from adjacent properties would experience a change in the visual character of a portion of the Project site from open space to developed condition.

Since the area surrounding the Project site is currently developed with residential uses, and the site has been historically developed with residential structures, the change in visual character of the Project site does not constitute degradation of the existing visual character or quality of the site or its surroundings. Further, private views are not protected. In the context of the existing setting, the site is currently disturbed, has paved streets and infrastructure, contains a graded/remediated hillside slope, and has other attributes that can be characterized as a tarnished visual condition and not as scenic resources. Although the proposed Project would change the visual setting at the Project site as noted in PDF AES-2 and PDF AES-3, it would not significantly degrade the visual character or quality of the site or its surroundings.

Therefore, impacts related to the visual quality of the Project site and its surroundings would be less than significant and no mitigation is required.

Project Design Features
PDF AES-1 The Project is to be subdivided into two lots, Lot 1 and Lot "A". Lot 1 includes the 2-acre residential area and Lot "A" includes the 2.2-acre area of open space, which consists of the previous remediated landslide area and includes the 30-foot earthen "buttress" (a design feature previously approved for geotechnical assurance of future landslide), planted erosion control, and installed storm drain system. Since Lot "A" is a lettered lot on the tentative tract map and no residential development is allowed on lettered lots, no residential development would occur on the remediated hillside.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 16
PDF AES-2 The Project will include architectural design elements indicative of Spanish architecture such as simple asymmetrical forms, arched entries, predominantly stucco wall finishes, and shallow gabled 'S' tile roofs that work together to showcase the building elevations. Similarly, grouping of accent windows and vertical forms of openings will reinforce this characteristic. Additional design elements including material blending of slump stone, simulated wood corbels, shutters, shaped wood trims and posts, decorative metal railings and downspouts were specifically chosen to enhance the overall design character on every side of each building. A representative architectural rendering of the Project is presented in Figure

4.1.A - Architectural Rending, and a sample building elevation is presented in Figure 4.1.B - Building Elevation-Duplex and Figure 4.1.B - Building Elevation-Triplex.

PDF AES-3 Vegetation to be planted within Lot 1 will implement a landscape plan themed with drought tolerant grasses, shrubs and trees. The resulting pallet of vegetation will blend in with the existing vegetation planted in Lot "A," and help to soften the hardscape design elements of the Project buildings.

The landscape plan is presented in Figure 4.1.D Landscape Plan.

The Project is located in a suburban setting surrounded by a developed environment with fixed and mobile sources of exterior light and glare. Fixed sources of light and glare include exterior building-mounted and freestanding light fixtures, illuminated signage on existing land uses, and street lighting along Crown Valley Parkway and local streets near the Project.

Additionally, mobile sources of light and glare originate from vehicles along Crown Valley Parkway. These existing light sources contribute to moderate levels of nighttime lighting.

The proposed Project would involve installation of nighttime lighting for roadway visibility and safety in accordance with PDF AES-4 and shown in Figure 4.1.E, Lighting Concept Plan.

The Plan depicts the lighting intensity of the proposed fixtures measured in footcandle in compliance with City photometric analysis requirements. However, the surrounding area is largely developed with existing nighttime lighting, and local roadways include mobile light sources. The Project would be required to comply with the LNZ Section 9-1-35.15 residential lighting standards requiring that light sources be designed and located to minimize spillover of light or glare onto neighboring properties. The proposed Project would not otherwise produce substantial new sources of fixed or mobile sources of lighting and therefore would not adversely affect daytime or nighttime views in the area. Furthermore, street lighting improvements would be required to comply with the design standards outlined in LNZC Section 9-1-279, Street Lighting, which requires street lighting along and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified The Cove at El Niguel August 2022
CEOA Findings of Fact Page 17
in the standard plans. Lastly, the presence of intervening vegetation, structures, and hillside topography would diminish or block direct sightlines to the Project site and reduce glare in some locations. Impacts related to the creation of new sources of substantial light or glare would be less than significant and no mitigation is required.

Project Design Features
PDF AES-4 The Project Lighting Plan has been designed to provide adequate, safe nighttime lighting for residents and guests while minimizing spillover lighting onto adjacent properties. A conceptual lighting plan is presented in Figure 4.1.E Lighting Plan and the final lighting plan shall be approved by the Staff in conformance with City standards.

No significant scenic resources have been identified on the Project site or within the area surrounding the Project site. In addition, the cumulative projects identified in Section 1.4, Table 1-2, and Figure 1.C, of the DEIR would contribute to development that is consistent with planned uses in the Project area. The closest cumulative project is the City Center Mixed- Use Project, approximately a quarter mile northwest, which would not result in cumulative impacts because it is not visible from the Project site or the immediately surrounding area.

Compliance with the LNGP goals and the LNZC standards would ensure that the proposed Project in combination with other projects in the area would be compatible with scenic enhancement and preservation and would not result in significant impacts upon scenic vistas, scenic resources, and visual character. Past, present, and future projects will be required to develop according to land use plans and regulations, which would help to ensure consistency with surrounding land uses resulting in a less than significant cumulative impact. Because the Project would not result in any significant aesthetic impacts and cumulative aesthetic impacts would be less than significant, the Project's incremental contribution would not be cumulatively considerable and no mitigation is required.

Additional lighting would be produced by the proposed Project and future development. The proposed Project and cumulative lighting-related impacts would not cause a significant cumulative environmental impact through compliance with applicable City lighting standards.

Therefore, a less than significant cumulative lighting impact would result from implementation of the proposed Project and cumulative projects and no mitigation is required. (b) Air Quality (AQ-1 - AQ-4 and Cumulative): The proposed Project's population and employment growth would be within SCAG's forecast growth projections and the long-term emissions generated by the proposed project would not produce criteria air pollutants that exceed the SCAQMD significance thresholds for operations. The proposed Project would be consistent with the current AQMP and would not result in a new or worsening impact related to implementation of the AQMP. Impacts related to the conflict with or obstruction of The Cove at El Niguel August 2022
CEQA Findings of Fact Page 18
implementation of the applicable air quality plan would be less than significant, and no mitigation is required.

Standard Conditions of Approval
SCA AQ-1 The Project would adhere to applicable SCAQMD rules during construction including: Rule 402 prohibiting the discharge of air contaminants or other materials which cause a nuisance; Rule 403 requiring best available control measures be applied to earth moving and grading activities to reduce the amount of particulate matter emitted into the air as a result of human-made fugitive dust sources; and Rule 1113 requiring compliance with current standards to limit the content of VOC in architectural coatings.

SCA AQ-2 The Project would adhere to existing, applicable, CALGreen building code standards as they relate to reducing Project operational energy use, indirectly reducing impacts to air quality.

During short-term construction related activities, the Project would not exceed the City's established daily emissions thresholds, based on SCAQMD recommended thresholds.

Therefore, with adherence to SCAQMD's existing rules and regulations regarding construction nuisance (Rule 402), dust (Rule 403), and VOCs (Rule 1113), the proposed Project would not exceed the SCAQMD construction emissions thresholds, and short-term (construction) air quality impacts would be less than significant. Buildout of the proposed project would generate an increase in criteria air pollutant emissions from transportation (1.e., vehicle trips), area sources (e.g., landscaping equipment, architectural coating), and energy (i.e., natural gas used for heating and cooking). Operation of the proposed Project would not generate substantial quantities of emissions from onsite stationary sources; net localized air quality impacts from project-related operations would be less than significant. The proposed Project would develop retail and residential uses which do not produce foul odors that constitute a public nuisance. Construction odors would be produce odors, but these would be temporary.

The cumulative impact area for air quality related to the proposed Project is the South Coast Air Basin. Air pollution is inherently a cumulative impact measured across an air basin. The analysis provided above includes an analysis of the proposed Project's contribution to cumulative air impacts. The incremental effect of projects that individually do not exceed the project-specific thresholds are generally not considered to be cumulatively considerable per SCAQMD guidelines. The proposed project's construction- and operation-related regional daily emissions are less than the SCAQMD significance thresholds for all criteria pollutants.

In addition, adherence to SCAQMD rules and regulations on a project-by-project basis, including the proposed Project, would substantially reduce potential impacts associated with The Cove at El Niguel August 2022
CEQA Findings of Fact Page 19
the related cumulative projects and basin-wide air pollutant emissions. Therefore, the proposed Project would not have a cumulatively considerable increase in emissions, and the proposed Project's cumulative air quality impacts would be less than significant. No mitigation is required.
(c) Biological Resources (BIO-1 - BIO-3, BIO-5, BIO-6, and Cumulative): Although, the Project site is within the boundaries of the Orange County Central and Coastal NCCP/HCP, the City does not participate in the NCCP/HCP. The Project site is not located within a proposed reserve area and does not contain any sensitive habitat, sensitive plant, or wildlife species as the Project site consists of non-native vegetation cover. No special-status species, plant or wildlife, are anticipated to be directly affected by the Project due to the lack of suitable habitat and known occurrences on the Project site. In addition, based on the site visits, database review, and review of historical aerials, the Project site does not contain any wetlands or waters that meet the definition of Waters of the U.S. or Waters of the State. There are no significant trees present on the project site.

Furthermore, the proposed Project is subject to fuel modification requirements to reduce the potential threat of wildland fire, and such fuel modification is accounted for in the assessment of impacts to existing vegetation. The fuel modification plan has been approved by the Orange County Fire Authority. Therefore, no impacts would occur, and no mitigation is required.

The cumulative impact area for biological resources, which is considered the City boundaries.

The Project site consists primarily of non-native acacia species, scattered laurel sumac, and developed roads. The Project site does not contain any sensitive plants or wildlife, and none were observed during the field surveys. Based on the survey results, the proposed Project would not result in impacts on nesting birds and mitigation measure MM BIO-1 is designed to ensure that no nesting birds are occupying the site during construction. The Project site does not contain any jurisdictional features as defined by Waters of the United States and Waters of the State. Therefore, the proposed Project would not contribute to the loss of natural habitat in the City and would not contribute to the cumulative loss of biological resources within the City. Impacts to biological resources would be less than cumulatively significant.

No mitigation is required
(d) Cultural Resources (CUL-1): The proposed Project site is currently vacant and not occupied by a historic resource. Furthermore, the Project site has never been occupied by an historic resource according to the SCCIC records search. Implementation of the proposed Project would not cause a substantial adverse change in the significance of a historical resource.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 20
(e) Energy (EN-1, EN-2, and Cumulative): Construction activities are not anticipated to result in an inefficient use of energy as gasoline and diesel fuel would be supplied by construction contractors who would conserve the use of their supplies to minimize their costs on the project. In addition, energy (i.e., fuel) usage on the Project site during construction would be temporary in nature and would be relatively small in comparison to the State's available energy sources. Similarly, construction worker trips would be temporary and consume a small percentage of the annual gasoline consumption in Orange County during project construction.

Furthermore, construction of the Project would not involve the consumption of natural gas as the construction-related equipment would not be powered by natural gas and no natural gas demand is anticipated during construction. Therefore, construction of the proposed Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources and construction-related energy consumption would be less than significant. No mitigation is required.

Although there would be a significant increase in energy use from the Project site's current vacancy to operation, the Project has been designed and will comply with the County's Green Building Standards and the State's CALGreen Building Code.

Project Design Features
PDF EN-1 The Project would be required to adhere to applicable California Building Code, Title 24, Part 6, energy efficiency standards as described in Section 4.5.2 above.

The Project will include such energy efficient standards of which will reduce energy consumption impacts to less than significant by including energy efficient lighting and appliance fixtures, energy-efficient heaters and air conditioning systems, and/or other appliances. By virtue of compliance with these codes, operation of the Project would not cause wasteful, inefficient, or unnecessary consumption of energy resources. No mitigation is required.

As mentioned previously, energy usage on the Project site during construction would be temporary in nature. In addition, energy usage associated with operation of the proposed project would be relatively small in comparison to the State's available energy sources for which a majority of the energy will be consumed once the Project is occupied will be related to lighting, cooling, and ventilation. Also, California's energy conservation planning actions are conducted at a regional level, and such impacts resulting from the Project would be negligible and would not conflict with or obstruct California's energy conservation plans as described in the CEC's 2019 Integrated Energy Policy Report. The proposed Project would be required to comply with the California Building Code (CBC) and the CALGreen Code pertaining to energy and water conservation standards in effect at the time of construction plan check submittal to the City and ultimately construction of the renewable energy and energy efficiency. Impacts would be less than significant, and no mitigation is required.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 21
The areas considered for cumulative impacts to electricity and natural gas supplies are the service areas of SCE and SoCalGas, respectively, described in Section 4.5.5 Threshold EN-1 of the DEIR. Other projects would generate increased electricity and natural gas demands.

However, all projects within the SCE and SoCalGas service areas would be required to comply with the Building Energy Efficiency Standards and CALGreen, which would contribute to minimizing wasteful energy consumption and promoting renewable energy sources. Therefore, cumulative impacts would be less than significant, and project impacts would not be cumulatively considerable.
(f) Geology and Soils (GEO-1 - GEO-5, and Cumulative): The Project site is not within a State of California defined Alquist-Priolo Earthquake Fault Hazard Zone and no known active faults transect the site. However, similar to much of Southern California, the Project site may be subject to some level of damaging ground shaking as a result of movement along the major active (and potentially active) fault zones that characterize this region. According to the Preliminary Geotechnical Investigation, the site is designated as Site Class C, which states that Geologic evidence is insufficient to demonstrate the existence of tectonic fault, or Quaternary slip or deformation associated with the feature, and more specific describes the Project site to have very dense soil and soft rock soil profiles. Based on the above, the potential threat to the site from a surface rupture hazard is considered low. Therefore, fault rupture is very unlikely at the Project site resulting in a less than significant impact. No mitigation is required.

Strong seismic shaking effects on the proposed Project resulting from large earthquakes originating from nearby faults, which include: the Newport-Inglewood Fault, the San Joaquin Hills Fault, the Elsinore Fault, the Whittier Fault, and the San Andreas Fault. As a result, the proposed Project could be subject to future seismic shaking and strong ground motion resulting in structural damage. However, standard condition of approval Standard Condition of Approval (SCA) GEO-1, requires the Project to comply with the building design standards of the state and City, appropriate for the City's earthquake zone.

The Via Estoril Landslide was successfully repaired between 1998 and early 2000 with the construction of the fill buttress along with permanent erosion control measures previously discussed. Review of installed inclinometers (permanent measuring devices installed within the hillside to measure movement) over the past 20 years within the remediated hillside indicate a consistently slow and a small magnitude of movement which is typical of slopes and hillsides with similar clayey earth materials within Southern California. Such surficial slope movement is not indicative of greater slope instability. The Geotechnical Report has demonstrated adequate factors of safety to support residential development on Lot 1.

Therefore, impacts associated with the prior landslide are less than significant.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 22
Additionally, piezometers were monitored during this same period and have indicated stable groundwater primarily due to the properly functioning surface and subsurface drainage facilities constructed as part of the remediation. Groundwater was located approximately 35 to 40 feet below existing grades and due to the lowest recommended cuts during site preparation of five to ten feet, groundwater will not be reached and will not be affected, and therefore groundwater levels will not be impacted. Impacts from subsidence or collapse are therefore less than significant. The Project site is not located within the boundaries designated for investigation of earthquake-induced liquefaction, impacts are less than significant.

In accordance with the project design features to maintain the existing remediated slope as open space (PDF GEO-1), the installation of proposed MSE walls at the toe of the remediated slope (PDF GEO-2), and inclusions of geotechnical recommendations into the rough grading plans (PDF GEO-3), the Project site, including Lot A, would have factors of safety in excess of the minimum standards. The long-term factor of safety calculations are1.823, 2.203, and

2.308, all of which exceed the minimum 1.5 factor of safety. The short- term pseudostatic/seismic factors of safety are 1.267, 1.601, and 1.264, all of which exceed the minimum 1.1 factor of safety. The Mechanically Stabilized Earth (MSE) wall location and design would not be detrimental to slope stability. Therefore, the Project site, including Lot A, would perform acceptably in response to strong seismic ground shaking from a regional earthquake of major magnitude and poses a less than significant risk from a future landslide or related geologic failure.

With implementation of proper grading and earthwork, slope stability, retaining walls, seismic design, construction materials, geotechnical observation, and testing and plan review in accordance with standard conditions and Project design, impacts from strong seismic ground shaking from a regional earthquake of major magnitude would be less than significant.

Expansion index testing conducted as part of the geotechnical investigation report indicated that onsite soils have a very-low to medium expansion potential, but should be treated as having a high expansion potential due to the unknown source of materials consisting of fill from the 1979 development and native soils. With proper treatment, the on-site soils are considered suitable for use as compacted fill provided it is free of organic material and debris and the moisture content is adjusted to within a compactable range. Implementation of previously referenced PDF GEO-3 requires preparation of a final geotechnical report that shall incorporate all of the construction-level geotechnical recommendations and design parameters contained in the preliminary geotechnical reports included in Appendix F of the DEIR. The resulting construction-level geotechnical recommendations and design parameters contained in the final geotechnical report shall be incorporated into the final rough grading plans and implemented during removal and fill operations to verify such recommendations The Cove at El Niguel August 2022
CEQA Findings of Fact Page 23
and design parameters are incorporated. When incorporated, impacts from expansive soils would be less than significant and no further mitigation is required.

Erosion is a condition that could adversely affect development on any site. Site grading could temporarily exacerbate erosion conditions, but implementation of erosion control measures would limit such effects, as outlined in SCA GEO-2. The Construction General Permit, adopted by the State Water Resources Control Board (SWRCB) as Water Quality Order 2009- 0009-DWQ (effective July 1, 2010), is required for soil disturbance activities that would be greater than 1 acre. The Project is expected to disturb an area greater than 1 acre and is subject to the requirements of the Construction General Permit. Also, several BMPs would be implemented during construction, including sediment and erosion control measures to prevent pollutants from leaving the site.

Furthermore, Laguna Niguel General Plan (LNGP) Policy 1.1 requiring the mitigation of potential adverse impacts of geologic and seismic hazards would be adhered to per SCA GEO-3, resulting in a properly maintained, graded, and geologically stabilized site. With construction of MSE (PDF GEO-2) and retaining walls, and the installation of landscape and irrigation systems, implementation of applicable existing standards and requirements for grading and construction (PDF GEO-3) will reduce erosion potential. With implementation of PDF GEO-2 and GEO-3, and SCA GEO-3, impacts from soil erosion and loss of topsoil would be rendered less than significant, and no mitigation is required.

As stated previously, the Project site is not located within the boundaries designated for investigation of earthquake-induced liquefaction and groundwater levels beneath the entire site are deep and therefore the potential for liquefaction is low. Based on the above, the potential for the occurrence of liquefaction beneath the site with impact to the development is considered less than significant and no mitigation is required.

No septic tanks or alternative wastewater disposal systems are proposed as part of the Project.

Therefore, soils would not be required to support septic tanks once the project is implemented.

As a result, there would be no impact and no mitigation is required.

Standard Conditions of Approval
SCA GEO-1 Applicant shall comply with the most current City building codes and CBC requirements, which stipulates appropriate seismic design provisions that shall be implemented with Project design and construction such as but not limited to the following:
• Temporary cuts shall be 1:1 (horizontal:verticle) and limited to 4 feet high.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 24
• All buildings shall be designed with structural slabs/mat slabs to account for expansive and other soil influences.
• All walls shall be provided with an adequate back drain system. • All retaining walls shall be waterproofed from above the highest point of earth retained to the heel of the foundation or pile grade beam. • Retaining wall backfill shall be placed in thin lifts (6 to 8 inches) and compacted by mechanical means.

SCA GEO-2 The proposed Project shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP), in accordance with the Construction General Permit. The SWPPP shall list best management practices (BMPs) that shall be implemented to protect stormwater runoff and would include monitoring of BMP effectiveness. At a minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with stormwater. The SWPPP shall specify properly designed centralized storage areas that keep these materials out of the rain. If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e., keeping soil particles from detaching) and sediment control (i.e., keeping sediment on the site after it has been detached).

Standard practices to be included in the SWPPP are as follows:
• Protect all storm drain inlets and streams located near the construction site to prevent sediment-laden water from entering the storm drain system.
• Prevent erosion by implementing one or more of the following soil stabilization practices: mulching, surface roughening, permanent or temporary seeding.
• Limit vehicular access to and from the project site. Stabilize construction entrances/exits to minimize the track out of dirt and mud onto adjacent streets. Conduct frequent street sweeping.

Protect stockpiles and construction materials from winds and rain by storing them under a roof, secured impermeable tarp or plastic sheeting.

Avoid storing or stockpiling materials near storm drain inlets, gullies or streams.

Phase grading operations to limit disturbed areas and duration of exposure.
• Perform major maintenance and repairs of vehicles and equipment off site.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 25
• Wash out concrete mixers only in designated washout areas at the construction site.
• Set up and operate small concrete mixers on tarps or heavy plastic drop cloths.
• Keep construction sites clean by removing trash, debris, wastes, etc. on a regular basis.
• Clean up spills immediately using dry clean-up methods (e.g., absorbent materials such as cat litter, sand or rags for liquid spills; sweeping for dry spills such as cement, mortar or fertilizer) and by removing the contaminated soil from spills on dirt areas.
• Maintain all vehicles and equipment in good working condition. Inspect frequently for leaks, and repair promptly.
• Cover open dumpsters with secured tarps or plastic sheeting. Clean out dumpsters only in approved locations on the construction site. • Arrange for an adequate debris disposal schedule to ensure that dumpsters do not overflow.

SCA GEO-3 Mitigation of potential adverse impacts of geologic and seismic hazards through planning, design, and construction of Project by adhering to applicable City ordinances, policies of the current California Building Code (CCR Title 24), and per the results and recommendations of the geological study as seen in Appendix F.

Project Design Features
PDF GEO-1 The Project is to be subdivided into two lots, Lot 1 and Lot A. Lot 1 includes the 2-acre residential area and Lot A includes the 2.2-acre area of open space which consists of the previously remediated landslide and includes the 30-foot earthen "buttress" (a design feature previously approved and installed for geotechnical assurance of future landslide), planted erosion control, and installed storm drain system. Since Lot A is a lettered lot on the tentative tract map and no residential development is allowed on lettered lots, no residential home construction would occur on the remediated hillside.

PDF GEO-2 The residential building pads within Lot 1 will include Mechanically Stabilized Earth (MSE) walls up to 15.5 feet tall along the west perimeter of Lot 1 and 3.5 feet to 6 feet high along the east perimeter of Lot 1. The perimeter MSE walls bounding the west margin of the building pads and the 2:1 (horizontal: vertical) cut slope at the southwest margin of the The Cove at El Niguel August 2022
CEQA Findings of Fact Page 26
building pads will be located at the toe of the compacted fill buttress built to stabilize the Via Estoril Landslide remediation.

In addition to the MSE walls, a series of retaining walls is proposed. On the north perimeter of Lot 1, a two-tier retaining wall is proposed. The upper tier retaining wall is up to 5 feet high and the lower tier retaining wall is 3.5 feet to 6 feet high. Up to 6-feet high radiant heat walls with or without retaining walls up to 4.3 feet high are also proposed surrounding Buildings 4 and 5 located on the south portion of Lot 1. An up to 6.5-foot-high retaining wall is also proposed on the west side of Building 5. An up to 2- foot-high retaining wall is proposed to be constructed along the 15-foot- wide access road located on the southeast side of Lot A adjacent to the proposed MSE walls along the west perimeter of Lot 1. All proposed slopes will have a slope ratio of 2:1 (horizontal: vertical) and if supporting a MSE or retaining wall, material must be approved fill.

MSE walls and retaining walls must be designed in accordance with the recommendations included in the Geotechnical Reports.

PDF GEO-3 Prior to the issuance of a grading permit, the Applicant shall prepare a final geotechnical report based on the final rough grading plans and the final geotechnical report shall incorporate all of the recommendations included in the preliminary geotechnical reports included in Appendix F.

The preliminary geotechnical reports included in Appendix F have established that the site is geotechnically suitable for development and a final geotechnical report is required to ensure all construction-level geotechnical recommendations and design parameters are included on the final rough grading plans.

Cumulative development results in an increase in population and structures that could be exposed to hazardous geological conditions, depending on the projects location. Geologic and soil conditions are typically site specific and can be addressed through appropriate engineering practices, uniform site development, and construction standards designed to protect public safety and structures and to reduce adverse effects to soils. Cumulative impacts on geologic resources would be considered significant if a project would be impacted by geologic hazard(s) and if the impact could combine with off-site geologic hazards to be cumulatively considerable.

As identified in Figure 2.A and Table 2.A of the DEIR, there are no cumulative projects that are in close proximity to the proposed Project that would have the potential for intermingling geologic impacts that would create a cumulative geologic impact. According to the The Cove at El Niguel August 2022
CEQA Findings of Fact Page 27
Geotechnical Report, implementation of the Project would not create any reasonably foreseeable risks to the existing residential properties to the west and north. Conversely, the existing development would not create any reasonably foreseeable risks to the Project.

Therefore, no cumulatively considerable effects are identified for geology/soils, and cumulative impacts would be less than significant.

In addition, development in a seismically active region can put people and structures at risk from a wide range of earthquake-related effects. The existing level of seismic risk exposure represents a significant cumulative impact. However, various mechanisms are in place to reduce risks at the Project level, including project-specific hazards evaluation processes mandated by the Seismic Hazards Mapping Act and City procedures, as well as the implementation of the CMC's seismic design construction standards.

Potentially adverse environmental effects associated with seismic and geologic hazards usually are site-specific and generally do not combine with similar effects that could occur with other projects in the City. Although there would be some residual level of risk because seismic and geologic hazards on a Project site cannot be entirely avoided, the proposed Project would not contribute considerably to a cumulative impact related to seismic and geologic hazards.

Similar to seismic and geologic hazards, potentially adverse environmental effects associated with paleontological resources are site-specific and generally do not combine with similar effects that could occur with other projects in the City. Furthermore, with implementation of MM GEO-1, any paleontological resources found on site would be evaluated and to the extent necessary, curated. The proposed Project would not contribute considerably to a cumulative impact related to paleontological resources.
(g) Greenhouse Gas (GHG-1, GHG-2, and Cumulative): Greenhouse gas emissions for the proposed Project are estimated to generate 313.25 MTCO2e/year of GHGs which is less than the City's established significance threshold of 3,000 MTCO2e/year. The Project's GHG impacts are therefore less than significant.

The City has not adopted a qualified GHG reduction plan or climate action plan. Projects in local jurisdictions without such a plan are generally considered consistent with applicable GHG reduction plans, policies, and regulations if it is consistent with applicable policies contained in the current version of SCAG's RTP/SCS and impacts are considered less than significant. The proposed Project was determined to be consistent with the current air quality management plan (AQMP) based on the Project's consistency with underlying land use assumptions for the Project site provided by the City, used in the growth projections developed by SCAG and in turn used by South Coast Air Quality Management District (SCAQMD) in development of its AQMP. The proposed Project's land use designation and The Cove at El Niguel August 2022
CEQA Findings of Fact Page 28
zoning classifications are consistent with the LNGP and therefore also consistent with the applicable land use assumptions developed by SCAG.

Standard Conditions of Approval
SCA GHG-1 The Project would adhere to existing, applicable, CALGreen building code standards as they relate to reducing Project operational energy use, indirectly reducing GHG emissions and impacts
According to SCAG, the Connect SoCal Plan (2020-2045 RTP/SCS adopted in September 2020) represents the vision for Southern California's future, including policies, strategies, and projects for advancing the region's mobility, economy, and sustainability through 2040. The plan details how the region will address its transportation and land use challenges and opportunities in order to achieve its regional emissions standards and GHG reduction targets.

However, the Connect SoCal Plan does not require that local general plans, specific plans, or zoning be consistent with the SCS. The proposed Project is a multi-family residential development with floor plans intended to accommodate work from home occupants and provide oversized garage space for adequate area in-home exercise and recreation equipment.

As a result, the Project provides more options for residents to live and work locally, ultimately reducing Project VMT and thereby reducing transportation related GHG emissions.

Projects that generate less than 500 vehicle trips per day are presumed to have a less than significant CEQA transportation impact and are screened out from requiring a detailed VMT Analysis. As such, the Project produces less than 161 daily trips per day, therefore considered to be a small project and less than significant. Therefore, the Project is consistent with the objectives of the Connect SoCal Plan and would not interfere with SCAG's ability to implement the regional strategies outlined in the Connect SoCal.

There is no evidence to indicate the GHG emissions from the proposed Project would result in a significant impact directly or indirectly. Project impacts due to GHG emissions are inherently cumulative in nature, because the collective effect of GHGs in the atmosphere from past, present, and future projects is the focus of GHG reduction strategies.

The Project would be consistent with the RTP/SCS. For this reason, it was determined the Project would not conflict with applicable GHG reduction plans, policies, or regulations.

Therefore, the Project would result in a less-than-cumulatively-considerable impact from GHG emissions as well as from conflicts with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.
(h) Hazards and Hazardous Materials (HAZ-1 - HAZ-7, and Cumulative): Construction activities would involve the use of typical materials, such as vehicle fuels, paints, oils, transmission fluids, and solvents. Cleaning solutions, solvents, pesticides for landscaping, painting supplies, and petroleum products are typically used in normal residential homes. The The Cove at El Niguel August 2022
CEQA Findings of Fact Page 29
routine and proper use of these standard construction and household products would not result in significant hazards due to small quantities of use. Furthermore, construction activities would be conducted in accordance with the Storm Water Pollution Prevention Plan (SWPPP) as part of the National Pollution Discharge Elimination System (NPDES) permit. The primary objective of the SWPPP is to identify, construct, implement, and maintain best management practices (BMPs) to reduce or eliminate pollutants in stormwater discharges and authorized non stormwater discharges from the construction site. BMPs for hazardous materials may include, but are not limited to, off- site refueling, placement of generators on impervious surfaces, establishing cleanout areas for cement, etc. While the risk of exposure to hazardous materials cannot be eliminated, adherence to existing regulations would ensure compliance with safety standards related to the use and storage of hazardous materials and with the safety procedures mandated by applicable federal, state, and local laws and regulations.

The Project site was not identified in any of the ERIS databases researched (Appendix H:

Phase 1 Report), nor associated with being included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. There are no existing or proposed schools within 0.25 miles of the Project therefore no impacts would occur. Additionally, the Project site is not within an airport land use plan as the nearest airport, John Wayne Airport, is 21 miles away.

The proposed Project site is generally surrounded by residential uses and located within a Very High Fire Hazard Severity Zone (VHFHSZ) per the Fire Hazard Severity maps from CALFIRE and within a Local Response Area (LRA) per OCFA. Given the existing wildfire environment and mapping for existing or designated residential uses in the area, expected wildfire behavior, availability of nearby firefighting resources, and the approved Fuel Modification Plan (PDF HAZ-1 and PDF HAZ-2), impacts would be less than significant. Implementation of the measures detailed in the proposed Project's Fire Safety Plan and Fuel Modification Plan, combined with proposed ingress and egress routes, emergency response times, would result in a less than significant risk of impacts from wildfire, and no mitigation measures are required.

Project Design Features
PDF HAZ-1 The Project is to be subdivided into two lots, Lot 1 and Lot A. Lot 1 includes a 2-acre residential area and Lot A includes a 2.2-acre area of open space.

The open space lot and the adjacent area next to Lot 1 will be modified as part of a Fuel Modification Plan (see AppendixG-2 Fuel Modification Plan). The plan prescribes Fuel Modification Zones including non- combustible material areas, a wet zone, and a 20-foot setback from MSE wall to the structures in Lot 1.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 30
PDF HAZ-2 The Project is to construct 6-foot-highradiant heat walls tied on top of retaining walls ranging in heights from 2.5 feet to 6 feet high. Such walls will protect two structures on the southern portion of the Project site. This OCFA requirement protects these structures that cannot obtain a 20- footfuel modification setback. The purpose of the setback zone is to provide a defensible space for fire suppression forces and to protect structures from radiant and convective heat. The setback distance will be a 20-foot minimum width. The setback zone will be located on a level, graded area at the top or base of the slope or retaining wall.

Development of the proposed Project would be required to incorporate all applicable design and safety requirements from the most current adopted fire codes, building codes, and nationally recognized fire and life safety standards. As such, the Project plans, including a fuel modification and fire master plan, have been reviewed and conditionally approved by the OCFA in regard to sufficient street width for emergency services and emergency access via Play Blanca entrance from Crown Valley Parkway. Moreover, the Project would not include any characteristics (e.g., permanent road closures, long-term blocking of road access) that would physically impair or otherwise interfere with emergency response or evacuation in the Project vicinity.

Regarding the potential for a landslide impairing emergency response activities, Section 4.6 Geology and Soils, notes the remediated hillside within Lot A achieves a factor of safety consistent with the standards for residential development. In addition, the Project includes project design features that would maintain the remediated slope as open space (PDF GEO- 1), install MSE walls at the toe of the remediated slope (PDF GEO-2), and implement geotechnical recommendations into the rough grading plans (PDF GEO-3). The combination of a remediated landslide that exceeds the required factor of safety for residential development and an approved fire master plan results in a less than significant impact.

The Project plans, including a fuel modification and fire master plan, have been reviewed and conditionally approved by the OCFA in regards to sufficient street width for emergency services and emergency access. Moreover, the Project would not include any characteristics (e.g., permanent road closures, long-term blocking of road access) that would physically impair or otherwise interfere with emergency response or evacuation in the Project vicinity.

During construction, the proposed Project would not result in any substantial traffic queuing at the Play Blanca entrance from Crown Valley Parkway and would not allow any construction vehicles or equipment to park or remain stationary within the roadway.

Furthermore, all large construction vehicles entering and exiting the site would be guided by personnel using signs and flags to direct traffic.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 31
During both construction and operational activities, the proposed Project would be required to comply with applicable requirements set forth by the OCSD's Emergency Management Division, the County's Emergency Operations Center (Orange County Sheriff's Department 2014), the Orange County Fire Authority, the Orange County Environmental Health Division, and the LNGP. The proposed Project has been reviewed by the OCFA through the tentative tract map plan review process. Such review resulted in the OCFA's approval of the Project's fire management plan and emergency access. Therefore, implementation of the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Impacts during both construction and operation would be less than significant, and no mitigation measures are required.

The proposed Project does not result in significant impacts related to hazards or hazardous materials. Hazards and hazardous materials tend not to be cumulatively considerable unless the projects are adjacent or cause potential releases of hazardous materials. Instead, all projects are responsible on an individual basis to mitigate potential hazards on a given property. Since the proposed Project results in less-than-significant impacts, and the cumulative projects in the surrounding area are primarily residential in nature and not uses that would result in the routine use or transport of hazardous materials, the proposed Project would not contribute to a cumulative impact associated with hazards or hazardous materials. (i) Hydrology and Water Quality (HYD-1 - HYD-5, and Cumulative): Since the project would disturb more than one acre of land, future development of the proposed project would require compliance with the statewide Construction General Permit, which requires the preparation of a SWPPP. The SWPPP would include construction BMPs, including erosion controls, sediment controls, wind erosion controls, tracking controls, among others, which would control runoff during construction and reduce impacts to less than significant.

The Project would include the relocation and installation of a permanent storm drain system (PDF HYD-1) consisting of an oversized 200-foot-long storm drainpipe (to detain storm flows seen in PDF HYD-2), 2 catch basins, a v-ditch atop the MSE wall, and two modular wetland systems (MWS) (PDF HYD-3). The stormwater would feed into the onsite storm drain system, then flow into the MWS for first flush filtration, prior to discharge into the City storm drain connection near the southeast corner of the Project site on Crown Valley Parkway.

Additionally, implementation of the project design features (PDF HYD-1, HYD-2, and HYD-3) would effectively reduce non-storm water discharges from leaving the site and reduce the discharge of untreated pollutants in storm waters from reaching the offsite storm water conveyance systems. Therefore, operation-related impacts to water quality and waste discharge requirements would be less than significant and no mitigation is required.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 32
Project Design Features
PDF HYD-1 Existing storm drains installed on the site as part of prior remediation activities will be re-routed and connected to the proposed Project's storm drains and connected to the existing 36-inch storm drain in Crown Valley Parkway for off-site discharge. Specific locations are indicated in Figure

4.9.A of the Utility Plan.

PDF HYD-2 The Project will install a 200 foot long and 48-inch diameter upsized storm drainpipe along Private Drive A to detain and slow water flow to meet ydromodification Low Impact Development (LID) requirements as see elow in Figure 4.9.A
PDF HYD-3 The Project will install two Modular Wetland Systems (MWS) to capture on-site storm water pollutants. As seen below in Figure 4.9.A, the two MWS locations are at the north end of Project under near the site entrance at Playa Blanca and under parking stall 2, at the southeast end of Private Drive "B". These systems are designed to filter, treat, and release. The system is required and therefore will be required to treat 1.5 times the BMP design flow for the Project.

Operational BMPs would be implemented as detailed in the project specific WQMP to ensure adequate capacity to treat all design stormwater flows. Low Impact Development (LID) and Hydromodification BMPs would be implemented, including the installation of an oversized detention storm drainpipe (PDF HYD-2), and two modular wetland systems (PDF HYD-3).

The Project maintains existing drainage patterns and accounts for the increased impervious surface by detaining flows to prevent downstream erosion more specifically on Lot A with v- ditch constructed top of MSE wall. The Project would not create a substantial erosion or siltation on or off site, and impacts would be less than significant and would not require mitigation measures.

The proposed Project would increase impervious surfaces on the site, resulting in a decrease in total pervious cover from 3.45 acres to 3.12 acres (82% to 74%) and an increase in impervious cover from 0.75 acres to 1.08 acres (18% to 26%). During the 10-year and 100- year event, the overall Project shows a decrease in storm runoff for both events attributable to the proposed project design features including the re-routing of existing storm drain system (PDF HYD-1), the upsized 200-foot detention storm drainpipe (PDF HYD-2), and the two MWS units (PDF HYD-3). As a result, the peak storm flow during the 100-year event would be reduced from 302.3 cubic feet per second (cfs) to 300.9 cfs, which is 1.40 cfs less than the existing condition. Therefore, the proposed Project would not include the alteration of the course of a stream or river and would not cause the rate or amount of surface runoff to result The Cove at El Niguel August 2022
CEQA Findings of Fact Page 33
in flooding on or off site. Impacts would be less than significant, and no mitigation measures are required.

Implementation of the proposed Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The runoff from the proposed Project during the 10-year and 100-year storm events would be less in the developed condition than in the existing condition primarily through the capture of storm flows in an underground upsized storm drainpipe (PDF HYD-2) with a storage capacity of 0.06 acre-feet of volume.

Furthermore, the planned two MWS units (PDF HYD-3) would treat stormwater before discharge and prevent additional sources of polluted runoff from entering the stormwater drainage system. Therefore, the proposed Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant, and no mitigation measures are required.

Implementation of the proposed Project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or offsite. In addition, implementation of the Project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. With implementation of PDFs HYD-1, HYD-2, and HYD-3, the proposed Project would be in compliance with existing stormwater regulations and would not otherwise substantially degrade water quality or create drainage or flooding impacts. Impacts would be less than significant, and no mitigation measures are required.

The proposed Project would result in less than significant impacts on water quality. In addition, the Project would adhere to the Construction General Permit, City's LID and municipal code requirements and comply with its implementation of the SWPPP to ensure that surface and groundwater quality are not adversely affected during construction.

Furthermore, the Project's implementation of the LID and BMP measures at the site, installed as project design features PDF HYD-1 through PDF HYD-3 would ensure that water quality is not impacted during operation of the project. As a result, the Project would not obstruct or conflict with the implementation of the South Orange County Water Quality Improvement Plan (WQIP) and the Water Quality Control Plan (WQCP) for the San Diego Basin (Basin Plan).

The City relies on imported water and local recycled water, and no groundwater management plan exists for the region, nor is the site located on any regulated groundwater basins.

Therefore, implementation of the proposed Project would be in compliance with WOIP and The Cove at El Niguel August 2022
CEOA Findings of Fact Page 34
WQCP regulations and would not otherwise substantially degrade water quality or groundwater. Impacts would be less than significant, and no mitigation measures are required.

The geographic scope for cumulative impacts on hydrology and water quality includes the Aliso Creek Watershed. Implementation of the proposed Project would include compliance with all required laws, permits, ordinances, and plans, such as the MS4 Permit, South Orange County Hydromodification Plan, and Construction General Permit requirements, that would reduce incremental effects to hydrology and water quality. Other future developments within the urban and developed subwatershed would have similar effects as the proposed Project.

The areas surrounding the proposed Project area are of similar urban nature, and any future development would also include compliance with all required laws, permits, ordinances, and plans, such as the MS4 Permit, South Orange County Hydromodification Plan, and Construction General Permit requirements, in order to meet runoff requirements. This would help reduce impacts to water quality and retain runoff and ensure that the incremental effects of individual projects do not cause a substantial cumulative impact related to water quality.

Combined impacts to water quality, to the storm drain system, and from the creation of flooding hazards from past, present, and future projects would be less than significant cumulatively. Therefore, because water quality, drainage, and flooding would not be adversely affected by the proposed Project, the proposed Project's contribution to cumulative hydrology and water quality impacts would not be cumulatively considerable (j) Land Use (LU-1, LU-2, and Cumulative): The Project site is located within the Community Profile Area 8, sub-profile (f), Crown Cove/Country Club Villas/El Niguel Terrace of the LNGP. The site is surrounded by compatible residential land use and is consistent with existing General Plan and Zoning designations which provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs.

The Project would not represent a shift in land use designation, nor make changes to surrounding land uses, and would not create barriers that would divide the community.

All proposed construction and operation activities would take place within the existing site boundaries. No existing or proposed transportation routes would be interrupted as a result of the proposed Project. Therefore, implementation of the proposed Project would not physically divide an established community.

The LNGP contains goals and policies to promote land use compatibility. As presented in Table 4.10-1 of the DEIR, the proposed Project is consistent with all applicable goals and policies contained in the LNGP. The current land use regulations allow attached residential development up to 41 dwelling units for the 4.2-acre Project site. However, the Project's proposed 22 units on 2 acres (i.e., Lot 1) provides the same density of development as the 41 The Cove at El Niguel August 2022
CEQA Findings of Fact Page 35
units identified in the General Plan applied to the entire 4.2-acre site. Therefore, the proposed Project does not constitute a loss of density and does not conflict with SB 330.

In addition, the proposed Project. As the proposed Project and any future development including the cumulative projects identified in Table 4.10-1 of the DEIR would be consistent with all applicable land use designations and zoning, implementation of the proposed Project and cumulative projects would not result in a significant cumulative land use impact under CEQA.
(k) Noise (NOI-1 - NOI-3, and Cumulative): Regulatory compliance with Laguna Niguel Municipal Code Section 6.6.5(b) as described in SCA NOI-1 would limit construction to the hours of 7 a.m. and 8 p.m. on weekdays and Saturdays. Furthermore, noise reducing practices outlined in SCA NOI-2 would further reduce temporary construction noise levels. Therefore, interior noise levels at the homes immediately adjacent to the Project site would have interior noise levels of 48 dBA which is below the City's daytime interior noise level limit of 55 dBA resulting in a less than significant impact. In addition, increase in construction related traffic volume would be negligible and result in minimal increase in traffic noise levels along the local roadways utilized by traffic associated with the Project. Furthermore, Project operations would generate noise from HVAC/mechanical equipment, traffic, deliveries, and parking, among other sources. However, operational noise impacts would not exceed any applicable LNMC standards. Impacts are less than significant. No mitigation is required.

Short-term construction related groundborne vibration would not result in building damage or exceed the vibration sensitivity criterion at all neighboring properties. Additionally, the Project's long-term vibration impact from operational sources would be nominal and less than significant, and no mitigation is required.

The Project Site would not expose people to excessive noise levels related to the operation of a public airport or private airstrip due to the nearest airport, John Wayne Airport, which is 21 miles away. As a result, the Project would have no impact, requiring no mitigation.

SCA NOI-1 Limit construction hours and employ noise -reducing construction practices. The following noise control measures shall be incorporated into the project contract specifications in order to minimize construction noise effects.
• Construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. on weekdays and Saturdays, and shall not occur at any time on Sundays or federal holidays. Construction personnel shall not be permitted on the job site, and material or equipment deliveries an collections shall not be permitted, outside of these hours.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 36
• All mobile or fixed construction equipment used on the project that is regulated for noise output by a local, state, or federal agency shall comply with such regulations while in the course of project activity. • All construction equipment shall be properly maintained. (Poor maintenance of equipment may cause excessive noise levels.) • All construction equipment shall be operated only when necessary and shall be switched off when not in use.
• Construction employees shall be trained in the proper operation and use of the equipment. (Careless or improper operation or inappropriate use of equipment can increase noise levels. Poor loading, unloading, excavation, and hauling techniques are examples of how a lack of adequate guidance and training may lead to increased noise levels.) • Electrically powered equipment shall be used instead of pneumatic or internal combustion-powered equipment, where feasible.
• Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise- sensitive receptors.
• Construction site and access road speed limits shall be established and enforced during the construction period.
• The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only.
• To minimize potential public objections to unavoidable noise, the contractor shall maintain good communication with the surrounding community regarding the schedule, duration, and progress of the construction. Notification shall be provided advising that there will be loud noise associated with construction and providing a telephone contact number for affected parties to ask questions and report any unexpected noise levels. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints.

Prior to issuance of a grading and/or a building permit, the name and phone number of the on-site construction supervisor shall be submitted to the Community Development and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site The Cove at El Niguel August 2022
CEOA Findings of Fact Page 37
indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. The contact person will be responsible for ensuring compliance with the City imposed Mitigation Measures and Conditions of Approval (e.g., grading activities, truck routes, construction hours, noise, etc.) SCA NOI-2 To minimize construction equipment noise, the Applicant or designee shall implement the following construction noise reducing practices:
• All construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factory specifications.
• Place construction staging and equipment storage areas at locations as far away from noise-sensitive locations as possible.

The related projects in the general Project vicinity are all located more than 1,000 feet away from the Project site, and therefore would not contribute substantially to cumulative noise impacts at receptors near the Project site during short-term construction or long-term operational activities. Noise naturally attenuates at 6 dB every doubling of distance of the reference noise source. Most construction equipment has a reference noise source of 50 feet.

Therefore, at 500 feet noise will have naturally attenuated over 20 dB, which also does not account for other natural attenuation such as topography, vegetation, or other structures. As a result, the Project's potential to contribute to any noise or vibration- related cumulative impacts would be considered less than significant.
(1) Transportation (TRA-1, TRA-2, and TRA-4, and Cumulative): The proposed Project would construct 22 condominium units on approximately 2.0 acres already zoned for multi- family residential use with approximately 2.2 acres of multi-family residential land use area to be used as open space. The Project site fronts Crown Valley Parkway to the east and is surrounded by local residential streets and residential properties to the north, south and west. The Project is consistent with the Circulation Element of the LNGP as the Project provides sidewalks on all driveways, adequate parking both within private garages and for guests in designated guest parking stalls, and street sections that meet City design criteria.

The proposed Project trip estimate is 161 average daily trips, with 10 trips during the AM peak hour and 12 trips during the PM peak hour, which is less than the City's 50 peak hour The Cove at El Niguel August 2022
CEQA Findings of Fact Page 38
trip threshold and at 22 units the Project is also less than the City's 69-unit threshold that would trigger further analysis. Therefore, the proposed Project is considered to be consistent with the General Plan LOS policy, screened out from detailed LOS analysis, and not responsible for traffic improvements the construction of which could create an impact to the environment.

Per section 3.2 (1) of the City's Transportation Assessment Guidelines, projects generating less than 500 vehicle trips per day based on the latest version of the ITE Trip Generation Manual are presumed to have a less than significant CEQA transportation impact and are screened out from requiring a detailed VMT Analysis. The proposed Project would generate 161 daily trips during the weekday and is therefore considered a small project and its CEQA transportation impacts are presumed to be less than significant, and no mitigation is required Emergency access to the Project site would be from the driveway entry at Playa Blanca off Crown Valley Parkway and is designed to be consistent with Section 8-4-12 and 9-1-271 (2) of the LNZC. Furthermore, the proposed Project's fire management plan and emergency access has been reviewed and approved by the OCFA through the tentative tract map plan review process. Because emergency vehicles can easily access and travel within the site, impacts related to emergency access on the Project site would be less than significant, and no mitigation is required.

Since the Project is small, generating less than 500 daily trips and less than 50 trips during both the AM and PM peak hours, and therefore screened out from detailed VMT and LOS analyses, the proposed Project would not contribute to a cumulative transportation impact.

The proposed Project has the potential for transportation impacts associated with potential traffic hazards in the form of traffic interference during construction and project access concerns. Implementation of MMs TRA-1, TRA-2, and TRA-3 would reduce project specific traffic impacts to less than significant. Since traffic interference during construction and project access are impacts specific to the Project site and would not impact other cumulative projects, and since the mitigation measures would reduce the impacts to less than significant, the proposed Project would not cause a cumulative impact associated with construction traffic or site access impacts. Project traffic impacts are not cumulatively significant, and no mitigation is required.
(m) Wildfire (FIRE-1 - FIRE-4, and Cumulative): The Project site is in the VHFHSZ and as part of the Project design includes improvements outlined in the Fire Master Plan and Fuel Modification Plan approved by the OCFA to reduce fire risk. The Project site would incorporate fuel modification zones, which include the augmentation and long- term maintenance of surrounding vegetation to reduce risks from wildfires to life and property. Implementation of the proposed Project would not require installation of new The Cove at El Niguel August 2022
CEQA Findings of Fact Page 39
or increased level of infrastructure maintenance that could exacerbate fire risk or result in temporary or ongoing impacts to the environment.

Emergency vehicles can easily access the Project site via Playa Blanca off Crown Valley Parkway and travel within the site during Project operation. A Construction Traffic Management Plan is required for safe ingress, egress, and circulation on-site during construction as stated in Mitigation Measure MM TRA-1. Construction and operation of the Project would not interfere with an adopted emergency response plan or emergency evacuation plan. The proposed Project has been conditionally approved by the Orange County Fire Authority (OCFA) through the tentative tract map plan review process, including conditional approval of the Fire Master Plan. The Fire Master Plan implements fire prevention and fire response related measures tailored specifically for the Project as specified in SCA FIRE-1 and PDFs FIRE-1 through FIRE-3 to reduce fire hazard occurrences and risks to existing residents in the surrounding area and future residents occupying the proposed condominiums. The Project would not impair an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.

Standard Conditions of Approval
SCA FIRE-1 The Project is within a Local Responsibility Area VHFHSZ and will comply with the applicable regulations as determined by the City, OCFA, and/or CALFIRE in order to maintain the effectiveness of emergency response and firefighting operations. The Project's Fire Master Plan was prepared as a requirement of California Fire Code Section 104.9 and is based on OCFA requirements seen in the Fire Safe Development Guideline B-09a. The following is a list from the Fire Prevention Plan referenced in the Fire Master Plan in Appendix G-l and the Conceptual Fuel Modification Plan in G-2, which includes the ignition resistant construction requirements for buildings located in a Wildland Urban Interface Area under the California Fire Code (CFC), Chapter 7A of the California Building Code (CBC), and the California Residential Code (CRC) R327 and R337. These requirements are referenced as Zones and Areas and will be Project conditions of approval.

Private Homeowner Setback Area:

A. Automatic irrigation systems shall be installed to regularly irrigate landscape to maintain healthy vegetation with high moisture content.

B. Foliage shall be pruned regularly to reduce vegetation density, maintain vertical continuity, plant litter and dead wood must be removed regularly.

Ground cover shall not exceed 2 feet in height.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 40
b. Trees can be in groups of 3 specimens or less. No spacing required. c. Groups of shrubs shall be spaced by the greater of the following two measurements: A distance of 15 feet minimum or 3 times the mature height of the tallest specimen in any group.
d. Groups of trees shall be spaced by a minimum of 30 feet apart regardless of height.

C. Undesirable plant species are prohibited in the setback area D. Three species within the setback area are not allowed within 10 feet of combustible structures.

E. Maintenance shall include thinning and removal of over-growth, replacement of dead/dying plant material.

F. Devices that burn solid fuels are not permitted within the setback area.

G. Combustible construction within the setback area is prohibited.

H. The Homeowners' Association (HOA) shall enforce the design of the setback area requirements throughout the design review committee prior to installation of the homeowner. On-going enforcement of the setback area shall be enforced each calendar year.

Zone A (Non-Combustible Construction):
• A 20-foot setback zone shall be maintained for non-combustible construction only. Zone A shall be maintained by the HOA or private homeowner.

Zone B (Wet zone):
• An 80 to 85-foot area extending out from Zone A or the private homeowner setback area shall be. Zone B shall be permanently irrigated, fully landscaped with approved drought tolerant, deep rooted, moisture retentive material. Zone B area shall be maintained by the HOA.

Special Maintenance Area With Restricted Plant Palette (SMA) (Wet zone):
• The special maintenance areas shall have maintenance requirements to reduce the chances of ignition from wildfires. Maintenance within these areas is needed in the same manner as the fuel modification zones and shall be maintained on a year-round basis, with removal of all dead plant material, replacement of dead or diseased species with the same growth characteristics from the approved landscape plans. Irrigation shall be verified on a regular basis to ensure it is in a working condition and the The Cove at El Niguel August 2022
CEQA Findings of Fact Page 41
plants shall be irrigated as necessary to keep them healthy with their appropriate moisture content.

Private Homeowner Landscape Area:
• Landscaped areas within the private homeowner unit shall be devoid of species from the "Undesirable and Invasive Plant Species" list seen in Attachment 7 of the OCFA Vegetation Management Guideline:

Technical Design for New Construction Fuel Modification Plans and Maintenance Program, Guideline C-05. Planting restriction shall be recorded as part of the recorded Covenants, Conditions and Restrictions (CC&Rs).

Special Maintenance Area With No-Combustible Material:

Where indicated, the special maintenance area between the radiant heat wall and the southern project boundary at units 9 through 11 shall be comprised of non-combustible material (Rock/Concrete Only). Any rock/gravel used shall be a minimum 8 inches in diameter.

Project Design Features
PDF FIRE-1 Radiant Heat Wall 6-feet minimum height on both sides of the wall. Noncombustible solid block and /or glass fencing.

PDF FIRE-2 Low Profile Venting Structures adjoining the fuel modification shall have low profile roof venting on the side of the structure facing the fuel modification (Units 9-22).

PDF FIRE-3 Enhanced Automatic Fire Sprinkler System Features All buildings (Units 1 through 22) shall have automatic fire sprinklers installed in attics and small spaces, as well as covered balcony/patio areas. Additionally, exterior bells shall be provided for the Fire Sprinkler Systems.

The Project is located within a VHFHSZ and required to produce a Fire Master Plan and Conceptual Fuel Modification Plan of which were reviewed and conditionally approved by OCFA. SCA FIRE-1 implements the Project's Fuel Modification Plan that defines fuel modification zones that will surround the proposed residential structures for wildfire prevention. Units near wildfire risks are required to install low profile venting per PDF FIRE-2 and to construct solid block and glass radiant heat walls per PDF FIRE-1 to reduce exacerbation of wildfire. Furthermore, the Project will incorporate PDF FIRE- 3 which includes installation of automatic fire sprinklers in all structure attics and small spaces, and exterior alarm bells.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 42
The Project would be constructed in compliance with the CFC and CBC, along with being compliant with OCFA requirements as reflected in the Project's Fire Master Plan and Fuel Modification Plan. Additionally, with the implementation of standard condition of approval SCA FIRE-1, and project design features PDF FIRE-1 through FIRE-3, the Project would not expose Project occupants to pollutant concentrations from wildfire or the uncontrolled spread of a wildfire by exacerbating wildfire risks. Impacts would be less than significant, and no mitigation is required.

Only approved landscaping and irrigation is to be implemented per the conditionally approved Fire Master Plan and Fuel Modification Plan as these fire-safe features are designed to improve soil stabilization and erosion control. Furthermore, Zone B area shall be maintained regularly by the HOA following OCFA landscaping guidelines to prevent ignition and topsoil runoff. Existing and proposed stormwater drainage on the slope will adequately capture runoff minimizing flooding risk to the Project from downslope flooding post fire. Furthermore, Project slope stability would remain above standard and landslide risk is less than significant. As a result, implementation of the proposed Project would not expose people or structures to post-fire downslope or downstream flooding or landslides risks from runoff, slope instability, or drainage changes.

The Project will have a less than significant impact directly or indirectly to an emergency response or evacuation plan and mitigation is not required. The nearest Fire Station is less than a mile from the Project site and would adequately provide emergency services during construction and once in operation. As discussed in Threshold A (i), Section 3.2.4, Public Services, the Project's incremental impacts on fire protection services would be less than significant due to the proposed Project's approximate population increase of less than one- tenth of one percent of the City's current population. The Project includes design features, such as a Fuel Modification Plan and Fire Prevention Plan conditionally approved by OCFA. Those design features minimize the Project's potential to exacerbate fire danger within the surrounding area, as well as flooding or landslides. Although the surrounding area is generally built out and was developed under different provisions of the CFC, CBC OCFA, all future cumulative projects within the VHFHSZ would be required to adhere to similar provisions of the CFC, CBC and OCFA to reduce impacts from wildfire. By virtue of the Project's design features and compliance by cumulative projects with the CFC, CBC, and OCFA requirements, the Project would have a less than significant cumulative wildfire impact.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 43
V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL

IMPACTS
A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT
The following summary describes impacts of the Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the Project Design Features and Mitigation Measures provided in the Draft EIR, the impacts would be considered less than significant.

1. Biological Resources
Threshold BIO-4 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? The Project does not function or provide opportunity for a wildlife corridor, nor provides the opportunity or impede the use of native wildlife nursery sites. Therefore, no impacts would occur to wildlife corridors and no mitigation is required. However, the Project site does contain suitable habitat for nesting and foraging bird species. With the implementation of PDF BIO-1, Lot A would maintain 2.2 acres of suitable nesting and foraging habitat as Lot A restricts residential home construction. As a result, the approximately 2 acres of developable area of the Project site would impact the suitable nesting and foraging habitat.

Due to the Project site containing suitable habitat for nesting and foraging bird species, implementation of mitigation measure MM BIO-1 would reduce impacts to less than significant.

In accordance with the MBTA, if work is to be done during the typical avian breeding season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors), a qualified biologist shall conduct a nesting bird survey within all suitable habitat, on-site and within 300- feet surrounding the site (as feasible), to identify any potential nesting activity within 3 days before start of construction as outlined below.

Project Design Features
PDF BIO-1 The Project is to be subdivided into two lots, Lot 1 and Lot A. Lot 1 includes the 2- acre residential area and Lot A includes the 2.2-acre area of open space which consists of the previous remediated landslide and includes the 30- footearthen "buttress" (a design feature approved for geotechnical assurance of future landslide), planted erosion control, and installed storm drain system. Since Lot A is a lettered lot on the tentative tract map and no residential development is allowed on lettered lots, no residential development would occur on the remediated hills.

The Cove at El Niguel August 2022
CEOA Findings of Fact Page 44
Mitigation Measures
MM BIO-1 If construction is started during the typical avian breeding season ((February 15 to August 31 for songbirds; January 15 to August 31 for raptors), a qualified biologist shall conduct a nesting bird survey within all suitable habitat, on-site and within 300-feet surrounding the site (as feasible), to identify any potential nesting activity within 3 days before start of construction.

If active nests are identified, the biologist would establish buffers around the vegetation (500 feet for raptors and sensitive species, 200 feet for non- raptors/non-sensitive species). All work within these buffers would be halted until the nesting effort is finished (i.e. the juveniles are surviving independent from the nest). The on-site biologist would review and verify compliance with these nesting boundaries and would verify the nesting effort has finished. Work can resume within these areas when no other active nests are found. Alternatively, a qualified biologist may determine that construction can be permitted within the buffer areas and would develop a monitoring plan to prevent any impacts while the nest continues to be active (eggs, chicks, etc.). Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to City for mitigation monitoring compliance record keeping.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure BIO-1 is feasible and would reduce impact BIO-4 and cumulative impacts to less than significant. Mitigation Measure BIO-1 is therefore adopted.

2. Cultural Resources
Threshold CUL-2 Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
The Southern Central Coastal Information Center (SCCIC) records search conducted for the proposed Project identified three cultural resources within 12-mile of the Project site, with two of the resources having no exact location and all three resources being prehistoric. Previous field surveys and the field survey conducted in 2021 did not reveal the presence of archeological resources. Additionally, due to the Project site's history of being previously graded and developed, as well as subjected to a significant landslide and remedial grading including the creation of an earthen buttress, the likelihood of encountering archaeological resources is minimal. In the event that such resources are discovered at the Project site during grading or earthmoving activities, implementation of the Mitigation Measure MM CUL-1, as described below, would render impacts to less than significant and no further mitigation is required.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 45
Mitigation Measures
MM CUL-1 Prior to the issuance of grading permits, the applicant will retain a qualified archaeological monitor who will prepare an Archaeological Resources Mitigation Monitoring Plan. The qualified archaeological monitor will attend all pre-grading meetings to inform the grading and excavation contractors of the archaeological resources mitigation program and will instruct them with respect to its implementation. The qualified archaeological monitor will be on-site during grading within native soil that has the potential to yield archaeological resources. If such resources are discovered and are in danger of loss and/or destruction, the qualified archaeological monitor will recover them. In instances where recovery requires an extended salvage time, the qualified archaeological monitor will be allowed to temporarily direct, divert, or halt grading to allow recovery of resource(s) in a timely manner. Recovered archaeological resources, along with copies of pertinent field notes, photographs, and maps, will be deposited in a certified curation facility that meets the standards of the California Office of Historical Preservation. The resources will be recorded in the California Archaeological Inventory Database. Should archaeological resources with ties to Native Americans be discovered, the archaeological monitor will immediately notify the City and the most likely tribal representative for the area if not already present during monitoring activities. A final monitoring report will be submitted to the City within 30 days of the end of monitoring activities.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure CUL-1 is feasible and would reduce impact CUL-2 and cumulative impacts to less than significant. Mitigation Measure CUL-1 is therefore adopted Threshold CUL-3 Would the project disturb any human remains, including those interred outside of formal cemeteries?
Due to the Project site's history of being previously graded and developed, as well as subjected to a significant landslide and remedial grading including the creation of an earthen buttress, and the fact that the site has never been a cemetery, the likelihood of encountering human remains is minimal. In the event that human remains (or remains that may be human) are discovered at the Project site during grading or earthmoving activities, implementation of Mitigation Measure MM CUL-2, as described below, would render impacts to less than significant.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 46
Mitigation Measures
MM CUL-2 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 within 25 feet of the discovery 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 County Coroner shall notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the City, 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.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure CUL-2 is feasible and would reduce impact CUL-3 to less than significant. Mitigation Measure CUL-2 is therefore adopted.

Cumulative Impacts
The proposed Project's cultural resources impacts would be limited to the construction phase, when ground disturbance would occur. The possibility of encountering cultural resources and human remains would be remote due to the lack of any evidence that prehistoric or historic-period cultural resources or human remains are present on-site because of the previous grading and development of the project site and the extensive landslide and subsequent remedial grading associated with the landslide repair. Mitigation measures MM CUL-1 and MM CUL-2 provide specific monitoring and stop-work requirements to ensure that monitoring is conducted during Project construction and any archaeological resources or human remains that are uncovered are The Cove at El Niguel August 2022
CEQA Findings of Fact Page 47
handled appropriately. Although past, present, and future projects such as those identified in Section 1.4, Table 1-2, and Figure 1.C of the DEIR, have the potential to encounter cultural resources in the cumulative Project study area, the Project's contribution to any loss of cultural resources would be less than cumulatively considerable because any archaeological resources encountered would be recovered in accordance the mitigation measures. Therefore, the Project's incremental contribution to cumulative cultural resources impacts would not be cumulatively considerable.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure MM CUL-1 and Mitigation Measure MM CUL-2 are feasible and would reduce cumulative impacts to less than significant.

3. Geology and Soils
Threshold GEO-6 Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
As previously stated, the Project site was developed in 1979 as a 10-building townhome project with 41 condominium units. The catastrophic Via Estoril Landslide destroyed part of the development on the site, as well single-family homes located above the site.

Following the landslide, the entire site was demolished to perform remedial grading necessary to stabilize the former landslide. The landslide was repaired which involved installation of a caisson wall with tieback anchors, removal of the 10 condominium buildings and associated structures, partial removal of the landslide mass, installation of subdrains, and construction of a compacted fill buttress. Due to the Project site currently consisting of predominately engineered artificial fill and only a small portion protruding into fossil rich bedrock, the site does not contain any unique geological features and the likelihood of unearthing subsurface paleontological resources during construction is considered to be very unlikely. However, it is possible that undiscovered paleontological resources could be encountered during ground-disturbing activities in native material within the bedrock that may contain such resources. Damage to or destruction of a paleontological resource would be considered a potentially significant impact under local, state, or federal criteria and mitigation is required. Implementation of Mitigation Measure MM GEO-1 would ensure steps are taken to reduce impacts to paleontological resources in the event that they are discovered during construction, reducing this impact to a less than significant level and no further mitigation is required The Cove at El Niguel August 2022
CEQA Findings of Fact Page 48
Mitigation Measures
MM GEO-1 If paleontological resources are found during grading and construction within the Project, all work shall be halted immediately within a 200-foot radius of the discovery until a qualified paleontologist has evaluated the find. Work shall not continue at the discovery site until the paleontologist evaluates the find and makes a determination regarding the significance of the resources and identifies recommendations for conservation of the resource, including preserving in place or collecting the resource to the extent feasible and documenting the find with an appropriate museum or university collection.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure MM GEO-1 is feasible and would reduce impact GEO-6 and cumulative impacts to less than significant. Mitigation Measure MM GEO-1 is therefore adopted.

4. Transportation
Threshold TRA-3 Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Construction of the Project will generate less than 50 trips during both the weekday AM and PM peak hours due to the limited amount of construction workers on site at any given time, which is estimated to be less than 20. Therefore, the added construction trips would have minimal impacts on the surrounding street network. However, there is the potential for construction-related traffic hazards and impacts upon the local circulation system in the area and during ingress/egress to the construction site, resulting in a less than significant impact requiring mitigation. Implementation of a Construction Traffic Management Plan, described in detail below in Mitigation Measure MM TRA-1, is recommended to minimize such hazards and impacts to less than significant.

Currently, access to the Project site is accommodated by the existing full-access driveway that currently serves the site, located along Crown Valley Parkway and Playa Blanca. However, the proposed Project would create a potentially dangerous intersection at the entrance into the Project from Crown Valley Parkway due to inadequate sight lines and high rates of speed. The Project Traffic Impact Analysis determined that motorist attempting to turn left from the driveway onto Crown Valley Parkway (i.e., the outbound left turn) would have inadequate visibility to see oncoming southbound motorists, and the southbound motorists would have inadequate stopping distance to stop in time when outbound left turns are made. Because outbound left turns The Cove at El Niguel August 2022
CEOA Findings of Fact Page 49
have a limited site distance to see southbound oncoming traffic traveling at a high rate of speed there is a potential of creating a safety hazard. Similarly, southbound traffic along Crown Valley Parkway traveling at the high rate of speed will not have enough site distance to brake in time to see exiting left turns and therefore potentially creating safety hazard. As a result of these potential safety hazards, a significant impact would occur and mitigation is required to render impacts to less than significant. Implementation of mitigation measure MIM TRA-2, described below, would reduce such impacts less than significant by constructing a median that prohibits outbound left- turns from the Project site.

The existing northbound left-turn pocket at the Project Driveway along Crown Valley Parkway provides 115-feet of storage with a transition area of 60-feet. While the northbound left- turn pocket is designed appropriately per Section 400-34 of the Caltrans HDM, the transition area of the turn pocket needs to be modified to accommodate the analyzed speed of 60 mph on Crown Valley Parkway. Although the posted speed on Crown Valley Parkway is 50 mph, the analyzed 60 mph is the design speed (logical operating speed), which is consistent with Orange County Public Works Department Standard Plan 1117. This is considered a significant impact and mitigation is required. To accommodate such speeds, in conjunction with MM TRA-2, implementation of mitigation measure MM TRA-3 is designed to lengthen the left-turn pocket to 100-feet with a transition area of 120-feet by restriping the area. This will provide a longer transition area for vehicles to slow (increased braking distance) prior to turning left. With the implementation of mitigation measures MM TRA-1, MM TRA-2, and MIM TRA-3, Project specific traffic hazard impacts would be reduced to less than significant.

Mitigation Measures
MM TRA-1 Construction Traffic Management Plan. Prior to the issuance of demolition, grading, or any construction permits, the Applicant shall submit a Construction Traffic Management Plan for review and approval by the both the City Community Development Department and Traffic Engineer. The Construction Traffic Management Plan shall address the following:
• Equipment mobilization and demobilization to and from the Project site, including truck route, delivery timing, traffic control, and demobilization routes.
• Daily site circulation ingress and egress for construction personnel for the duration of construction at the Project site, including parking since all construction parking shall occur on the project site, unless otherwise approved by the City.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 50
• Traffic control for any street closure, detour, or other disruption to traffic circulation during construction within the public right-of-way or equipment mobilization/demobilization.
• Prohibit left turns out of the Project site for all construction personnel and delivery trucks, including temporary food trucks. The Plan shall identify the physical means in which left turns will be prohibited from the Project site. • Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles piping, windows, etc.) to access the site, traffic controls and detours, and proposed construction phasing plan for the Project.
• Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. • Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. • Hauling or transport of oversize loads will be coordinated with the City as to the haul route as well as the hours allowed. Hauling or transport may be permitted/required during nighttime hours, weekends, or Federal holidays, at the discretion of the City Engineer. All hauling/delivery access to and from the site will be from Crown Valley Parkway. An approved Haul Route Permit will be required from the City.
• If hauling operations cause any damage to existing pavement, street, curb and/or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. • This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City's requirements.

MM TRA-2 Median Diverter for Left-Turn Egress at Project Driveway. Prior to the issuance ofa grading permit, the Applicant shall install a temporary physical median diverter on Crown Valley Parkway or the driveway entrance to prohibit outbound left-turn movements onto Crown Valley Parkway during construction activities.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 51
The design of the temporary barrier shall be approved by the City's Traffic Engineer.

Prior to the first certificate of occupancy, the installation of permanent physical median diverter on Crown Valley Parkway is required to restrict outbound left-turn movements from the Project driveway at Playa Blanca.

The median diverter along with the left-turn pocket shall be designed in a manner consistent with 4.12.A. The median diverter shall be submitted for review and approved by the City Traffic Engineer prior to issuance of grading permits.

MM TRA-3 Modification of Northbound Left-Turn Pocket on Crown Valley Parkway at Project Driveway. Prior to the first certificate of occupancy and in conjunction with the installation of MM TRA-2, the northbound left-turn pocket shall be modified to provide a 100-foot left-turn lane with a transition area of 120-feet. The modification would include restriping of the existing left-turn pocket to better accommodate queuing and high speeds along Crown Valley Parkway. The northbound left-turn pocket shall be designed in a manner consistent with Figure

4.12.A. The left-turn pocket along with the median diverter shall be submitted for review and approved by the City Traffic Engineer prior to issuance of grading permits.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measures TRA-1, TRA-2, and TRA-3 are feasible and would reduce impact TRA-3 and cumulative impacts to less than significant. Mitigation Measures TRA- 1, TRA-2, and TRA-3 are therefore adopted.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 52

5. Tribal Cultural Resources
Threshold TRC-1 Result in a significant impact if the Project would 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 either:
a) 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 section5020.1 (k).
b) 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.

The Project site is not listed or eligible for listing in the California Register, or in a local register of historical resources. Detailed information regarding the record search within Section

4.4, Cultural Resources in the Draft EIR, indicates that no listed properties or resources exist on the Project site. Therefore, the Project would not impact tribal cultural resources as addressed in Threshold TRC-1(a), and no mitigation is required. As noted above, a cultural resource record search through SCCIC and an AB 52 Native American consultation were conducted for the proposed Project. The purpose of these efforts was to identify known tribal cultural resources on or near the Project site. Three cultural resources were identified by SCCIC as part of the records search. All were prehistoric, with two having no exact location. These resources are shown in Table 4.13-2 in the Draft EIR.

The SCCIC also identified a total of seven cultural resource reports completed for projects within 12-mile of the Project site. Although two of the reports cover a portion of the Project site, neither of the surveys conducted as part of the reports revealed any archaeological resources. Table 4.13-2 in the Draft EIR summarizes the reports recorded near the Project site.

Per AB 52 requirements, the City asked the NAHC to conduct a record search of the Sacred Lands File (SLF) and identify known tribal cultural resources and recommended tribal contacts applicable to the Project. The NAHC recommended contact with 10 Native American groups/individuals. Of the 10 contacted, the following two requested further consultation:
• JuanenoBand of Mission Indians Acjachemen Nation -Belardes The Cove at El Niguel August 2022
CEQA Findings of Fact Page 53
• Juaneno Band of Mission Indians Acjachemen Nation -Romero As discussed in Chapter 4.6, Geology and Soils of the Draft EIR, grading of the Project site will result in minimal disturbance to native soils. This is due to a substantial amount of earthwork was conducted on the site as part of the original development in 1979 and during the grading activities that took place between 1998 and 2000 after the Via Estoril Landslide to secure the slope. Results from prior surveys and archaeological reports conducted on the Project site were negative for cultural resources. As a result, the Project is considered to have a low potential to impact prehistoric and historic cultural resources, including tribal cultural resources. The Juaneno Band of Mission Indians, Acjachemen Nation-Belardes request that a representative from the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes be retained to provide cultural resources awareness training and spot check monitoring up to 10 hours per week during ground disturbing activities, which are included as Mitigation Measure MM TCR-1 and Mitigation Measure MM TRC-2 as described below. As a result, impacts to tribal cultural resources are considered less than significant with mitigation implemented. Even though it is extremely unlikely that tribal cultural resources would be impacted, there is a potential for unknown tribal cultural resources to be unearthed if ground disturbing activities change, resulting in a potential impact requiring mitigation. Mitigation Measure MM TCR-3 would be required in order to halt activities, assess the significance of the unearthed resources, and determine final disposition of the resource as appropriate. With the implementation of MM TCR-1 through MM TCR-3 impacts to tribal cultural resources would be less than significant.

Mitigation Measures
MM TCR-1 An archaeologist shall be retainedby the Applicant to conduct cultural resources awareness training prior to any ground disturbance related to construction.

MM TRC-2 An archaeological monitor shall conduct spot-check monitoring, up to 10 hours per week, during ground disturbing activities related to construction. If any artifacts are discovered, a member of the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes shall be contacted immediately. The archaeologist and Aciachemen Nation shall consult to determine the nature and significance of the discovery and make recommendations to the Applicant and City for further cultural resource efforts.

MM TCR-3 If human remains are encountered, State Health and Safety Code Section 7050.5 states that 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. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the County Coroner will notify the The Cove at El Niguel August 2022
CEOA Findings of Fact Page 54
Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, 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.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measures TRC-1, TRC-2, and TRC-3 are feasible and would reduce impact TRC-1 and cumulative impacts to less than significant. Mitigation Measures TRC- 1, TRC-2, and TRC-3 are therefore adopted.

Cumulative Impacts
Potential impacts of the proposed Project to unknown tribal cultural resources, when combined with the impacts of past, present, and reasonably foreseeable projects in the City, could contribute to a cumulatively significant impact due to the overall loss of archaeological artifacts and cultural resources unique to the region. However, each development proposal received by the City is required to undergo environmental review pursuant to CEQA. If there were any potential for significant impacts to archaeological or tribal cultural resources, an investigation would be required to determine the nature and extent of the resources and identify appropriate mitigation measures. When resources are assessed and/or protected as they are discovered, impacts to these resources are less than significant.

As such, implementation of MM TCR-1 through MM TCR-3 would ensure that the proposed Project, in conjunction with other development in the City would not result in a significant cumulative impact to unique tribal cultural resources and previously undiscovered buried human remains.

Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Laguna Niguel hereby finds that implementation of Mitigation Measure MM TCR-1 through MM TCR-3 are feasible and would reduce cumulative impacts to less than significant The Cove at El Niguel August 2022
CEQA Findings of Fact Page 55
B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
No unavoidable adverse impacts would occur with implementation of the proposed Project, as mitigation measures were found to be either feasible or would reduce impacts to less than significant.

VI. FINDINGS REGARDING ALTERNATIVES
CEQA requires that an EIR include a discussion of reasonable project alternatives that would "feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines § 15126.6[a]).

As discussed above, the Draft EIR identified significant impacts in a number of categories. The following impacts could be mitigated below a level of significance: aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, transportation, tribal cultural resources, and wildfire impacts.

The Draft EIR analyzed three alternatives to the Project that could reduce some, if not all, of the impacts, as shown in Section VI.B.

A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE

SCOPING/PROJECT PLANNING
"Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts" (CEQA Guidelines § 15126.6[c]).

Offsite Location
State CEQA Guidelines Section 15126.6(f)(2) requires consideration of alternative locations. The question CEQA intends to answer is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. To provide a consistent analysis for a similar 22-lot subdivision with a similar product type, an equivalent off-site location would need to contain approximately two acres of developable area, zoned for multi-family residential, and adequately served by available utilities. In addition, an alternative site would have to add approximately two acres of area or half of the property's acreage that, like Lot A, is a lettered where no residential development is allowed. Based on these attributes of the proposed Project, the City has determined that such an alternative site location is not available and therefore no further consideration of this alternative is provided in this EIR.

General Plan Amendment (GPA) to a Single-Family Land Use This alternative would change the General Plan land use designation of proposed Lot 1 from Residential Attached to Residential Detached to allow development of a small single-family The Cove at El Niguel August 2022
CEQA Findings of Fact Page 56
residential development of one home per lot, resulting in approximately 10 dwelling units. This alternative would also require a zone change from Multi-family District (RM) to Single-Family District 3 (RS-3) or 4 (RS-4). This alternative would be in direct conflict with SB330, which restricts the adoption of land use or zoning amendments that would result in the reduction of allowed residential density or intensity of land uses compared to what is allowed under the regulations in effect on January 1, 2018. The Housing Accountability Act also prohibits an agency from disapproving a project or imposing conditions that the project be developed at a lower density if the project is consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, absent specific, narrow findings. (Gov. Code 65589.5.) Additionally, under CEQA Guidelines Section 15126.6, the factors that may be taken into account for feasibility include general plan consistency. Furthermore, while this alternative would generate fewer dwelling units, this alternative would not eliminate any other significant impacts. For these reasons, the GPA to single-family land use alternative was rejected from further consideration.

General Plan Amendment (GPA) to a Non-Residential Land Use This alternative would change the General Plan land use designation of proposed Lot 1 from Residential Attached to Neighborhood Commercial, Community Commercial, Professional Office, or some other non-residential land use designation. This alternative would also require a zone change from Multi-family District (RM) to the appropriate non-residential zoning district.

This alternative would also be in direct conflict with SB330, which restricts the adoption of land use or zoning amendments that would result in the reduction of allowed residential density or intensity of land uses than what is allowed under the regulations in effect on January 1, 2018. The Housing Accountability Act also prohibits an agency from disapproving a project or imposing conditions that the project be developed at a lower density if the project is consistent with applicable, objective general plan, zoning, and subdivision standards and criteria, absent specific, narrow findings. (Gov. Code 65589.5.) Additionally, under CEQA Guidelines Section 15126.6, the factors that may be taken into account for feasibility include general plan consistency.

Furthermore, this alternative would likely increase operational noise impacts, potentially inconsistent with surrounding residential uses. For these reasons, the GPA to a non-residential land use alternative was rejected from further consideration.

B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
Project alternatives with the potential to reduce development impacts were identified for further review. The following development alternatives to the Project were chosen for further analysis.

Alternative 1: No Project No Build
This alternative assumes that no new development would occur on the 4.2-acre parcel. No ground disturbing activities would take place, nor would any multi-family structures be erected. Under this alternative, the potential impacts associated with development of the proposed Project would The Cove at El Niguel August 2022
CEQA Findings of Fact Page 57
not occur. This alternative provides for an analysis of the existing baseline conditions at the time the Notice of Preparation (NOP) was published, as well as what would be reasonably expected to occur in the foreseeable future if the proposed Project were not approved. Analysis of this alternative compares the environmental effects of the Project site remaining in its existing state against environmental effects which would occur if the proposed Project were approved.

Maintaining the site's existing improvements and limited uses would produce no environmental impacts, but the alternative would not fulfill any of the Project objectives. This alternative would be the environmentally superior alternative compared to the proposed Project, due to the minimization and avoidance of physical environmental impacts. However, according to the State CEQA guidelines, if the environmentally superior alternative is the No Project No Build alternative the EIR shall identify an environmental superior alternative among the other alternatives in accordance with Section 15126.6 (c).

Finding. The City Council rejects the No Project/No Development Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364) Specific economic, legal, social, technological, or other considerations, make infeasible this project alternative identified in the Final EIR.

Ability to Reduce Environmental Impacts
The No Project/No Development Alternative would reduce the project's less than significant impacts to aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, GHG emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire.

Ability to Achieve Project Objectives
The No Project/No Development Alternative would not achieve any of the project objectives. It would not provide new for-sale housing that is responsive to market conditions nor provide a uniquely designed product type that is currently limited elsewhere in the City (Objective No. 1).

This alternative would also not provide for redevelopment of the previously existing residential site with a residential project consistent with existing General Plan and Zoning designations that provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs (Objective No. 4). Lastly, this Alternative would not create a financially successful development that is fiscally responsible by equitably contributing to the expansion and operation of the public services and facilities impacted by the project through the payment of fees (Objective No. 5).

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 58
Alternative 2: Maximum Development Density Identified in the General Plan This alternative allows for the maximum number of residential attached dwelling units permitted by the General Plan on the 4.2-acre Project site. This alternative would result in the development of 41 dwelling units, which is the number of units previously developed on the Project site prior to the landslide. This alternative assumes all of the dwelling units would be placed on Lot 1, the 2-acre portion of the Project site proposed for development. The remaining 2.2 acres would be placed in a letter lot that does not permit the construction of residential units, similar to the proposed Project.

Finding. The City Council rejects the Maximum Development Density Identified in the General Plan Alternative (Alternative No. 2) on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364) Specific economic, legal, social, technological, or other considerations, make infeasible this project alternative identified in the Final EIR.

Ability to Reduce Environmental Impacts
While no new significant impacts would be caused, the Maximum Development Density Identified in the General Plan alternative would cause an incrementally greater impact than the proposed Project because of the increase in the number of dwelling units.

The Maximum Development Density Identified in the General Plan alternative would cause an incrementally greater impact to the Project's less than significant impacts to air quality, energy, GHG emissions, hazards and hazardous materials, population and housing, public services, recreation, and utilities and service systems.

Ability to Achieve Project Objectives
The Maximum Development Density Identified in the General Plan alternative would meet all proposed Projects objectives to a similar degree: provide new for-sale housing that is responsive to market conditions and provides a uniquely designed product type that is currently limited elsewhere in the City; would design the grading and geotechnical stabilization to ensure site stability consistent with City codes and minimize grading into the existing previously stabilized landslide mass; would design the grading and geotechnical stabilization to minimize off-site grading and balance the earthwork on site to minimize import/export, which would reduce air quality, noise, and traffic impacts from truck traffic on adjacent residential uses and City roadways; would redevelop the previously existing residential site with a residential project consistent with existing General Plan and Zoning designations that provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs; would create a financially successful development that is fiscally responsible by equitably contributing to the expansion and operation of the public services and facilities impacted by the project through the payment of fees; and would improve the aesthetic character along Crown Valley Parkway The Cove at El Niguel August 2022
CEQA Findings of Fact Page 59
through enhanced landscaping consistent with General Plan policies (Objectives Nos. 1 through 6).

Alternative 3: Reduced Density
This Reduced Density alternative assumes construction of 8 duplex structures, 16 dwelling units, on the 4.2-acre subdivided parcel comprised of Lot 1, the 2-acre area proposed for Project development, and Lot A, the 2.2-acre area of open space similar to the proposed Project. This alternative provides 16 units. Total parking spaces provided would be 63, comprised of 24 garage parking spaces, 8 shared parking spaces, and 11 guest parking spaces. The additional space on the site would remain for landscaping, building setbacks, active recreation space, storm water infiltration, and open space. This alternative would reduce the total number of residents from 57 to 42 compared to the proposed Project.

Finding. The City Council rejects the Reduced Density alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364) Specific economic, legal, social, technological, or other considerations, make infeasible this project alternative identified in the Final EIR.

Ability to Reduce Environmental Impacts
While no new significant impacts would be caused, the Reduced Density alternative would cause an incrementally reduced impact than the proposed Project because of the decrease in the number of dwelling units.

The Reduced Density alternative would cause an incrementally reduced impact to the Project's less than significant impacts to aesthetics, air quality, cultural resources, energy, geology and soils, GHG emissions, hazards and hazardous materials, population and housing, public services, and utilities and service systems.

Ability to Achieve Project Objectives
The Maximum Development Density Identified in the General Plan alternative would meet the following proposed Projects objectives to a similar degree: would design the grading and geotechnical stabilization to ensure site stability consistent with City codes and minimize grading into the existing previously stabilized landslide mass (Objective No. 2); would design the grading and geotechnical stabilization to minimize off-site grading and balance the earthwork on site to minimize import/export, which would reduce air quality, noise, and traffic impacts from truck traffic on adjacent residential uses and City roadways (Objective No. 3); and would improve the aesthetic character along Crown Valley Parkway through enhanced landscaping consistent with General Plan policies (Objective No. 6).

Although to a lesser degree, the Reduced Density alternative would provide new for-sale housing that is responsive to market conditions and would not provide a uniquely designed product type The Cove at El Niguel August 2022
CEQA Findings of Fact Page 60
that is currently limited elsewhere in the City (Objective No. 1); and would redevelop the previously existing residential site with a residential project consistent with existing General Plan and Zoning designations that provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs (Objective No. 4).

However, the Reduced Density alternative would not create a financially successful development that is fiscally responsible by equitably contributing to the expansion and operation of the public services and facilities impacted by the project through the payment of fees (Objective No. 5).

Alternative 4: Higher Density Larger Footprint 38-units The Higher Density Larger Footprint 38 Units alternative would construct a denser residential product similar to a multi-family project that was proposed for the site in 2014. This Alternative eliminates the open space proposed by the Project in order to spread out development of the structures over a larger portion of the site. Alternative 4 would utilize the entire 4.2-acre parcel to construct 19 duplexes and 38 dwelling units. This alternative would eliminate the 2.2 acres of open space included in the proposed Project and instead construct 11 additional duplexes on the site over and above the proposed Project. As a result, this would increase the number of residents from 57 to 99 in comparison to the proposed Project. Additionally, parking would increase to 76 total garage spaces and 30 guest parking spaces. Three terraced six-foot high retaining walls would be constructed in the southwest part of the site to build pads on the upper west portion of the site (proposed Lot A of the Project). Access to the site would remain at Playa Blanca, and private Drive B would be lengthened to gain access to the additional dwellings on the west side of the site.

Additional terraced retaining walls are introduced at the west end of the site to increase the buildable area. Furthermore, the additional space on the alternative site would be used for landscaping, building setbacks, active recreation space, and storm water infiltration.

Finding. The City Council rejects the Higher Density Larger Footprint 38-unit Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364) Specific economic, legal, social, technological, or other considerations, make infeasible this project alternative identified in the Final EIR.

Ability to Reduce Environmental Impacts
While no new significant impacts would be caused, the Higher Density Larger Footprint 38 Units alternative would cause an incrementally greater impact than the proposed Project because of the increase in the number of dwelling units.

The Higher Density Larger Footprint 38 Units alternative would cause an incrementally greater impact to the Project's less than significant impacts to aesthetics, air quality, biology, cultural resources, energy, geology and soils, GHG emissions, hazards and hazardous materials, hydrology The Cove at El Niguel August 2022
CEQA Findings of Fact Page 61
and water quality, noise, population and housing, public services, recreation, utilities and service systems, and wildfire.

Ability to Achieve Project Objectives
The Higher Density Larger Footprint 38 Units alternative would meet the following proposed Projects objectives to a similar degree: would create a financially successful development that is fiscally responsible by equitably contributing to the expansion and operation of the public services and facilities impacted by the project through the payment of fees (Objective No. 5); and would improve the aesthetic character along Crown Valley Parkway through enhanced landscaping consistent with General Plan policies (Objective No. 6).

Although to a greater degree, the Higher Density Larger Footprint 38 Units alternative would provide new for-sale housing that is responsive to market conditions and would not provide a uniquely designed product type that is currently limited elsewhere in the City (Objective No. 1); and would redevelop the previously existing residential site with a residential project consistent with existing General Plan and Zoning designations that provides an updated housing product to meet the City's growing population and further address the City's and state's housing needs (Objective No. 4).

However, to a lesser degree the Higher Density Larger Footprint 38 Units alternative would design the grading and geotechnical stabilization to ensure site stability consistent with City codes and minimize grading into the existing previously stabilized landslide mass (Objective No. 2); and would design the grading and geotechnical stabilization to minimize off-site grading and balance the earthwork on site to minimize import/export, which would reduce air quality, noise, and traffic impacts from truck traffic on adjacent residential uses and City roadways (Objective No. 3).

C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE
CEQA requires a lead agency to identify the "environmentally superior alternative" and, in cases where the "No Project" Alternative is environmentally superior to the Project, the environmentally superior development alternative must be identified. One alternative has been identified as "environmentally superior" to the Project:
• Alternative 3, Reduced Density, would be considered the Environmentally Superior Alternative. Direct impacts to the site (i.e., biological, cultural, geology, hydrology/water quality, land use/planning, minerals, tribal cultural resources, wildfire) would be the same as the proposed Project while several impacts attributable to use of the site would be reduced in comparison to the proposed Project (i.e., aesthetics, air quality, energy, GHGs, hazards, noise, population/housing, public services, recreation, transportation, utilities). However, this alternative would conflict with State's legislative policies to not reduce residential densities (i.e., SB330) below the current General Plan and Zoning density limitations.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 62
VII. FINDINGS REGARDING CERTIFICATION OF THE EIR
The City of Laguna Niguel finds that it has reviewed and considered the Final EIR in evaluating the Project, that the Final EIR is an accurate and objective statement that fully complies with CEQA and the State CEQA Guidelines, and that the Final EIR reflects the independent judgment of the City.

The City of Laguna Niguel declares that no new significant information, as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation.

The City of Laguna Niguel certifies the EIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions:

Findings: All significant environmental impacts identified in the Draft EIR as a result of Project implementation can be mitigated to a level of less than significant.

Conclusions

1. Other alternatives to the Project, which could potentially achieve the basic objectives of the Project, have been considered and rejected in favor of the Project.

2. Environmental, economic, social, and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further mitigation measures beyond those incorporated into the Project.

VIII. ADOPTION OF A MITIGATION MONITORING AND REPORTING PLAN Pursuant to Public Resources Code section 21081.6, the City of Laguna Niguel hereby adopts the Mitigation Monitoring and Reporting Plan. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control.

IX. FINDINGS REGARDING CONTENTS AND CUSTODIAN OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Laguna Niguel Planning Division Counter. The custodian for these records is the City of Laguna Niguel. This information is provided in compliance with Public Resources Code section 21081.6.

The Cove at El Niguel August 2022
CEQA Findings of Fact Page 63
The record of proceedings for the City's decision on the project consists of the following documents, at a minimum:

1. The NOP and all other public notices issued by the City in conjunction with the project.

2. All comments submitted by agencies or members of the public during the 45-day comment period on the Draft EIR.

3. The Final EIR for the Project, including comments received on the Draft EIR, responses to those comments, and technical appendices.

4. The Mitigation Monitoring and Reporting Plan for the project.

5. All findings, resolutions, and ordinances adopted by the City in connection with the Project, and all documents cited or referred to therein.

6. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Project.

7. All documents submitted to the City by other public agencies or members of the public in connection with the EIR up through project approval. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations.

8. Any documents expressly cited or referenced in these findings, in addition to those cited above.

9. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e).

The following location is where the record may be reviewed:

City of Laguna Niguel, Planning Division Counter
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
The Cove at El Niguel August 2022
CEOA Findings of Fact Page 64
EXHIBIT 2
Final EIR 22-02

LIMITED DISTRIBUTION
Due to the size of this document, full copies have only been provided to the Planning Commission.

Copies are available upon request at:

City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
949.362.4360
Normal copying charges apply - Or available to download at no cost from https://www.cityoflagunaniguel.org/1435/The-Cove-at-El-Niguel-Project EXHIBIT 3
Draft EIR 22-02

LIMITED DISTRIBUTION
Due to the size of this document, full copies have only been provided to the Planning Commission.

Copies are available upon request at:

City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
949.362.4360
Normal copying charges apply - Or available to download at no cost from https://www.cityoflagunaniguel.org/1435/The-Cove-at-El-Niguel-Project EXHIBIT 4
EIR 22-02 Appendices

LIMITED DISTRIBUTION
Due to the size of this document, full copies have only been provided to the Planning Commission.

Copies are available upon request at:

City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
949.362.4360
Normal copying charges apply - Or available to download at no cost from https://www.cityoflagunaniquel.org/1435/The-Cove-at-El-Niguel-Project EXHIBIT 5
Mitigation Monitoring and Reporting Program
Appendix A - Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL DOCUMENT REFERENCE NUMBER (SCH 2021110122) PROJECT NAME: The Cove at El Niguel Residential Project PROJECT LOCATION: 30667 Crown Valley Parkway in Laguna Niguel, Orange County, California 92677 duple or ines on aproximatty Protes, and apart apose cons cons open space story on mi the sin in General Plan and zipix cd 2, designation. The Applicant seeks approval of (1) Tentative Tract Map TTM 17721 (TTM 17721), (2) Minor Adjustment, and (3) Site Development Permit (SP 16-04) including Alternative Development Standards.

LEAD AGENCY: City of Laguna Niguel
CONTACT PERSON/ TELEPHONE NO.: Amber Gregg, Contract Planner | (714) 744-7231 APPLICANT: Laguna Niguel Properties
CONTACT PERSON/ TELEPHONE NO.: Michael Recupero | (714) 272-9278 Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
Aesthetics
PDF The Project is to be subdivided into two lots, Lot 1 and Lot AES-1 "A". Lot 1 includes the 2-acre residential area and Lot "A" includes the 2.2-acre area of open space, which consists of the previous remediated landslide area and includes the 30- planted erosion control, and installed storm drain system.

Since Lot A is a lettered lot on the tentative tract map and no residential development is allowed on lettered lots, no Page A -1 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
residential development would occur on the remediated
hillside.

PDF The Project will include architectural design elements AES-2 indicative of Spanish architecture such as simple asymmetrical forms, arched entries, predominantly stucco wall finishes, and shallow gabled 'S' tile roofs that work together to showcase the building elevations. Similarly, grouping of accent windows and vertical forms of openings will reinforce this characteristic. Additional design
elements including material blending of slump stone,
simulated wood corbels, shutters, shaped wood trims and posts, decorative metal railings and downspouts were
specifically chosen to enhance the overall design character every side of each building. A representative
architectural rendering of the Project is presented in Figure

4.1.A - Architectural Rending, and a sample building
elevation is presented in Figure 4.1.B - Building Elevation- Duplex and Figure 4.1.B - Building Elevation-Triplex.

PDF Vegetation to be planted within Lot 1 will implement a AES-3 landscape plan themed with drought tolerant grasses, shrubs and trees. The resulting pallet of vegetation will blend in with the existing vegetation planted in Lot "A," and help to soften the hardscape design elements of the Project buildings. The landscape plan is presented in Figure

4.1.D Landscape Plan.

PDF The Project Lighting Plan has been designed to provide AES-4 adequate, safe nighttime lighting for residents and guests The Cove at El Niguel Page A - 2
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
while minimizing spillover lighting onto adjacent
Proper 4. one an high the finali go present him
be approved by the Staff in conformance with City
standards.

Air Quality
SCA The Project would adhere to applicable SCAQMD rules AQ-1 during construction including: Rule 402 prohibiting the discharge of air contaminants or other materials which
cause a nuisance; Rule 403 requiring best available control measures be applied to earth moving and grading activities to reduce the amount of particulate matter emitted into the air as a result of human-made fugitive dust sources; and Rule 1113 requiring compliance with current standards to limit the content of VOC in architectural coatings.

SCA The Project would adhere to existing, applicable,
AQ-2 CALGreen building code standards as they relate to reducing Project operational energy use, indirectly
reducing impacts to air quality.

Biological Resources
PDF The Project is to be subdivided into two lots, Lot 1 and Lot BIO-1 A. Lot 1 includes the 2-acre residential area and Lot A includes the 2.2-acre area of open space which consists of the previous remediated landslide and includes the 30-foot earthen "buttress" (a design feature approved for
geotechnical assurance of future landslide), planted erosion Page A - 3 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Mitigation Monitoring and Reporting Program - August 2022 Page A - 4 The Cove at El Niguel
follow-up construction avoidance management, a report
(eggs, chicks, etc.). Upon completion of the survey and any prevent any impacts while the nest continues to be active buffer areas and would develop a monitoring plan to
determine that construction can be permitted within the nests are found. Alternatively, a qualified biologist may Work can resume within these areas when no other active boundaries and would verify the nesting effort has finished. would review and verify compliance with these nesting
surviving independent from the nest). The on-site biologist until the nesting effort is finished (i.e. the juveniles are species). All work within these buffers would be halted sensitive species, 200 feet for non-raptors/non-sensitive buffers around the vegetation (500 feet for raptors and If active nests are identified, the biologist would establish before start of construction.
to identify any potential nesting activity within 3 days site and within 300-feet surrounding the site (as feasible), Biologist conduct a nesting bird survey within all suitable habitat, on- City Applicant/Project 15 to August 31 for raptors), a qualified biologist shall Disturbances - Disturbances - season ((February 15 to August 31 for songbirds; January BIO-1 Pre-Construction/ Pre-Construction/ If construction is started during the typical avian breeding MM development would occur on the remediated hillside.
development is he loved on tact mad and no residential
control, and installed storm drain system. Since Lot A is a Monitoring Implementation
Remarks Date Initials Party for Party for
Responsible Responsible Mitigation Measure No.

Verification of Compliance Time Frame and Time Frame and Appendix A - Mitigation Monitoring and Reporting Program Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
shall be prepared and submitted to City for mitigation
monitoring compliance record keeping.

Cultural Resources
MM Prior to the issuance of grading permits, the applicant will Prior to Issuance Prior to Issuance CUL-1 retain a qualified archaeological monitor who will prepare of Grading Permit of Grading Permit an Archacological Resources Mitigation Monitoring Plan. - Applicant/ The qualified archaeological monitor will attend all pre- Project grading meetings to inform the grading and excavation Archeologist contractors of the archacological resources mitigation
program and will instruct them with respect to its
implementation. The qualified archaeological monitor will be on-site during grading within native soil that has the potential to yield archaeological resources. If such
resources are discovered and are in danger of loss and/or destruction, the qualified archaeological monitor will
recover them. In instances where recovery requires an
extended salvage time, the qualified archaeological
monitor will be allowed to temporarily direct, divert, or halt grading to allow recovery of resource(s) in a timely
manner. Recovered archaeological resources, along with
copies of pertinent field notes, photographs, and maps, will be deposited in a certified curation facility that meets the standards of the California Office of Historical
Preservation. The resources will be recorded in the
California Archaeological Inventory Database. Should
archaeological resources with ties to Native Americans be discovered, the archaeological monitor will immediately Page A - 5 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
notify the City and the most likely tribal representative for the area if not already present during monitoring activities.

A final monitoring report will be submitted to the City within 30 days of the end of monitoring activities.

MM Human Remains. Consistent with the requirements of CCR During Grading - During Grading - CUL-2 Section 15064.5(e), if human remains are encountered Applicant/ City during site disturbance, grading, or other construction Cultural Monitor activities on the Project site, the construction contractor shall halt work within 25 feet of the discovery; all work within 25 feet of the discovery 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 County Coroner shall notify the Native American Heritage
Commission (NAHC), which will determine and notify a
Most Likely Descendant (MLD). With the permission of
the City, 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
The Cove at El Niguel Page A - 6
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
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.

Energy
PDF The Project would be required to adhere to applicable EN-1 California Building Code, Title 24, Part 6, energy efficiency standards.

Geology and Soils
PDF The Project is to be subdivided into two lots, Lot 1 and Lot GEO-1
the previously remediated landslide and includes the 30- foot earthen "buttress" (a design feature previously
approved and installed for geotechnical assurance of future landslide), planted erosion control, and installed storm drain system. Since Lot A is a lettered lot on the tentative tract map and no residential development is allowed on
Page A - 7 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Verification of Compliance
No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
lettered lots, no residential home construction would occur on the remediated hillside.

PDF The residential building pads within Lot 1 will include GEO-2 Mechanically Stabilized Earth (MSE) walls up to 15.5 feet tall along the west perimeter of Lot 1 and 3.5 feet to 6 feet high along the east perimeter of Lot 1. The perimeter MSE walls bounding the west margin of the building pads and the 2:1 (horizontal:vertical) cut slope at the southwest margin of the building pads will be located at the toe of the compacted fill buttress built to stabilize the Via Estoril Landslide remediation.

In addition to the MSE walls, a series of retaining walls is proposed. On the north perimeter of Lot 1, a two-tier
retaining wall is proposed. The upper tier retaining wall is up to set hit high and thee if i raciain heat allis 5 feet without retaining walls up to 4.3 feet high are also proposed proposed on the west side of Building 5. An up to 2-foot- high retaining wall is proposed to be constructed along the 15-foot-wide access road located on the southeast side of Lot A adjacent to the proposed MSE walls along the west perimeter of Lot 1. All proposed slopes will have a slope ratio of 2:1 (horizontal: vertical) and if supporting a MSE or retaining wall, material must be approved fill.

The Cove at El Niguel Page A - 8
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
MSE walls and retaining walls must be designed in
accordance with the recommendations included in the
Geotechnical Reports.

Prior to the issuance of a grading permit, the Applicant shall prepare a final geotechnical report based on the final rough grading plans and the final geotechnical report shall incorporate all of the recommendations included in the
preliminary geotechnical reports included in Appendix F.

The preliminary geotechnical reports included in Appendix F have established that the site is geotechnically suitable for development and a final geotechnical report is required all construction-level
recommendations and design parameters are included on
the final rough grading plans.

Applicant shall comply with the most current City building codes and CBC requirements, which stipulates appropriate seismic design provisions that shall be implemented with Project design and construction such as but not limited to the following:
• Temporary cuts shall be 1:1 (horizontal:verticle) and limited to 4 feet high.
• All buildings shall be designed with structural
slabs/mat slabs to account for expansive and other soil influences.
• All walls shall be provided with an adequate backdrain system.

Page A - 9 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
• All retaining walls shall be waterproofed from above
the highest point of earth retained to the heel of the
foundation or pile grade beam.
• Retaining wall backfill shall be placed in thin lifts (6 to 8 inches) and compacted by mechanical means.

Permit. The SWPPP shall list best management practices
(BMPs) that shall be implemented to protect stormwater
runoff and would include monitoring of BMP
effectiveness. At a minimum, BMPs shall include practices to minimize the contact : of construction materials,
egians, pand, maintena ache sive with stor facts,
The SWPPP shall specify properly designed centralized
storage areas that keep these materials out of the rain. If grading must be conducted during the rainy season, the
Priming so paries elonal each or and senion one le
(i.e., keeping sediment on the site after it has been
detached). Standard practices to be included in the SWPPP are as follows:
• Protect all storm drain inlets and streams located near the construction site to prevent sediment-laden water
from entering the storm drain system.

The Cove at El Niguel Page A - 10
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Verification of Compliance
No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
• Prevent erosion by implementing one or more of the
following soil stabilization practices: mulching,
surface roughening, permanent or temporary seeding.
• Limit vehicular access to and from the project site.

Stabilize construction entrances/exits to minimize the
track out of dirt and mud onto adjacent streets.

Conduct frequent street sweeping.
• Protect stockpiles and construction materials from
winds and rain by storing them under a roof, secured
impermeable tarp or plastic sheeting.
• Avoid storing or stockpiling materials near storm drain inlets, gullies or streams.
• Phase grading operations to limit disturbed areas and duration of exposure.
• Perform major maintenance and repairs of vehicles
and equipment off site.
• Wash out concrete mixers only in designated washout
areas at the construction site.
• Set up and operate small concrete mixers on tarps or
heavy plastic drop cloths.
• Keep construction sites clean by removing trash,
debris, wastes, etc. on a regular basis.

Page A - 11 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix 4 - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
• Clean up spills immediately using dry clean-up
methods (e.g., absorbent materials such as cat litter,
sand or rags for liquid spills; sweeping for dry spills such as cement, mortar or fertilizer and by removing
the contaminated soil from spills on dirt areas.
• Maintain all vehicles and equipment in good working
condition. Inspect frequently for leaks, and repair
promptly.
• Cover open dumpsters with secured tarps or plastic
sheeting. Clean out dumpsters only in approved
locations on the construction site.
• Arrange for an adequate debris disposal schedule to
ensure that dumpsters do not overflow.

SCA Mitigation of potential adverse impacts of geologic and GEO-3 seismic hazards through planning, design, and construction of Project by adhering to applicable City ordinances,
policies of the current California Building Code (CCR Title 24), and per the results and recommendations of the
geological study as seen in Appendix F.

MM If paleontological resources are found during grading and During Grading - During Grading - GEO-1 construction within the Project, all work shall be halted Applicant/ Project City immediately within a 200-foot radius of the discovery until Paleontological a qualified paleontologist has evaluated the find. Monitor The Cove at El Niguel Page A - 12
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
Ween salino contiates at the did ey sit unes the
determination regarding the significance of the resource and identifies recommendations for conservation of the
resource, including preserving in place or collecting the resource to the extent feasible and documenting the find with an appropriate museum or university collection.

Greenhouse Gas
The Project would adhere to existing, applicable,
CALGreen building code standards as they relate to
reducing Project operational energy use, indirectly
reducing GHG emissions and impacts.

Hazards and Hazardous Materials
PDF The Project is to be subdivided into two lots, Lot 1 and Lot HAZ-1 A. Lot 1 includes a 2-acre residential area and Lot A includes a 2.2-acre area of open space. The open space lot and the adjacent area next to Lot 1 will be modified as part of a Fuel Modification Plan (see Appendix G-2 Fuel
Modification Plan). The plan prescribes Fuel Modification Zones including non-combustible material areas, a wet
zone, and a 20-foot setback from MSE wall to the structures in Lot 1.

PDF The Project is to construct 6-foot-high radiant heat walls HAZ-2 tied on top of retaining walls ranging in heights from 2.5 feet to 6 feet high. Such walls will protect two structures on the southern portion of the Project site. This OCFA
requirement protects these structures that cannot obtain a Page A -13 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
20-foot fuel modification setback. The purpose of the
setback zone is to provide a defensible space for fire
suppression forces and to protect structures from radiant and convective heat. The setback distance will be a 20-foot minimum width. The setback zone will be located on a
level, graded area at the top or base of the slope or retaining wall.

Hydrology and Water Quality
Existing storm drains installed on the site as part of prior remediation activities will be re-routed and connected to the proposed Project's storm drains and connected to the existing 36-inch storm drain in Crown Valley Parkway for off -site discharge. Specific locations are indicated in Figure 4.9.A of the Utility Plan.

PDF The Project will install a 200 foot long and 48-inch HYD-2 diameter upsized storm drainpipe along Private Drive A to detain and slow water flow to meet Hydromodification
Low Impact Development (LID) requirements as seen
below in Figure 4.9.A.

PDF The Project will install two Modular Wetland Systems HYD-3 (MWS) to capture on-site storm water pollutants. As seen below in Figure 4.9.A, the two MWS locations are at the north end of Project under near the site entrance at Playa Private Drive der parhese stalems ath designed tender,
treat, and release. The system is required and therefore will The Cove at El Niguel Page A - 14
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Verification of Compliance
No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
be required to treat 1.5 times the BMP design flow for the Project.

Land Use
PDF The 4.2-acre Project site is designated as APN 656-321-02.

LU-1 The property is to be subdivided into two lots, Lot 1 and Lot A. Lot 1 includes a 2-acre area for the proposed
residential use and Lot A includes a 2.2-acre area for open space. The open space consists of the previous remediated landslide and includes the 30-foot earthen "buttress" (an existing design feature installed for geotechnical purposes to stabilize the former landslide), vegetation planted for the purposes of surface erosion control, and an installed storm drain system. Since Lot A is a lettered lot on the tentative tract map and no residential development is allowed on
lettered lots, no residential development would occur on the remediated hillside.

Furthermore, permanent maintenance of the remediated
hillside will maximize the space between the residents
upslope and to the west who were impacted by the landslide in 1998 and who expressed concerns about prior
development proposals on the Project site
Noise
SCA Limit construction hours and employ noise-reducing
NOI-1 construction practices. The following noise control measures shall be incorporated into the project contract Page A - 15 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
specifications in order to minimize construction noise
effects.
• Construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. on weekdays and Saturdays, and
shall not occur at any time on Sundays or federal
holidays. Construction personnel shall not be
permitted on the job site, and material or equipment
deliveries and collections shall not be permitted,
outside of these hours.
• All mobile or fixed construction equipment used on
the project that is regulated for noise output by a local, state, or federal agency shall comply with such
regulations while in the course of project activity.
• All construction equipment shall be properly
maintained. (Poor maintenance of equipment may
cause excessive noise levels.)
• All construction equipment shall be operated only
when necessary and shall be switched off when not in
use.
• Construction employees shall be trained in the proper operation and use of the equipment. (Careless or
improper operation or inappropriate use of equipment
can increase noise levels. Poor loading, unloading,
The Cove at El Niguel Page A - 16
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
excavation, and hauling techniques are examples of
how a lack of adequate guidance and training may lead
to increased noise levels.)
• Electrically powered equipment shall be used instead
of pneumatic or internal combustion- powered
equipment, where feasible.
• Material stockpiles and mobile equipment staging,
parking, and maintenance areas shall be located as far
as practicable from noise-sensitive receptors.
• Construction site and access road speed limits shall be established and enforced during the construction
period.
• The use of noise-producing signals, including horns,
whistles, alarms, and bells, shall be for safety warning purposes only.
• To minimize potential public objections to
unavoidable noise, the contractor shall maintain good
communication with the surrounding community
regarding the schedule, duration, and progress of the
construction. Notification shall be provided advising
that there will be loud noise associated with
construction and providing a telephone contact
number for affected parties to ask questions and report Page A - 17 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Mitigation Monitoring and Reporting Program - August 2022 Page A - 18 The Cove at El Niguel
air-inlet silencers where appropriate, and any other
combustion engines shall be equipped with mufflers,
• All construction equipment and vehicles using internal noise reducing practices:
or designe fal implemen the no oise, he spicion NOI-2
SCA
construction hours, noise, etc.).

Approval (e.g., grading activities, truck routes,
City imposed Mitigation Measures and Conditions of
will be responsible for ensuring compliance with the
during the construction activity. The contact person
concerns or issues raised by adjacent property owners
person shall be available immediately to address any
construction/grading-related concerns. This contact
for information regarding this development and any
perimeter of the site indicating who shall be contacted addition, clearly visible signs shall be posted on the
Development and Public Works Departments. In
supervisor shall be submitted to the Community
the name and phone number of the on-site construction
• Prior to issuance of a grading and/or a building permit, to receive and resolve noise complaints.
supervisor shall have the responsibility and authority
any unexpected noise levels. The on-site construction
Monitoring Implementation
Remarks Date Initials Party for Party for
Responsible Responsible Mitigation Measure No.

Verification of Compliance Time Frame and Time Frame and Appendix A - Mitigation Monitoring and Reporting Program Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
shrouds, shields, or other noise-reducing features in
good operating condition that meet or exceed original
factory specifications.
• Place construction staging and equipment storage
areas at locations as far away from noise-sensitive
locations as possible.

Transportation and Traffic
MM Construction Traffic Management Plan Prior to the Prior to Issuance Prior to Issuance TRA-1 issuance of demolition, grading, or any construction of Grading Permit of Grading Permit permits, the Applicant shall submit a Construction Traffic - Applicant - City Traffic Management Plan for review and approval by the both the Engineer City Community Development Department and Traffic
Engineer. The Construction Traffic Management Plan shall address the following:
• Equipment mobilization and demobilization to and
from the Project site, including truck route, delivery
timing, traffic control, and demobilization routes.
• Daily site circulation ingress and egress for
construction personnel for the duration of construction at the Project site, including parking since all
construction parking shall occur on the project site,
unless otherwise approved by the City.
• Traffic control for any street closure, detour, or other disruption to traffic circulation during construction
Page A - 19 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
within the public right-of-way or equipment
mobilization/demobilization.
• Prohibit left turns out of the Project site for all
construction personnel and delivery trucks, including
temporary food trucks. The Plan shall identify the
physical means in which left turns will be prohibited
from the Project site.
• Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles piping, windows, etc.) to access the site, traffic
controls and detours, and proposed construction
phasing plan for the Project.
• Specify the hours during which transport activities can occur and methods to mitigate construction-related
impacts to adjacent streets.
• Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and
dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked, or blown onto
adjacent streets or areas.

The Cove at El Niguel Page A - 20
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
• Hauling or transport of oversize loads will be
coordinated with the City as to the haul route as well
as the hours allowed. Hauling or transport may be
permitted/required during nighttime hours, weekends,
or Federal holidays, at the discretion of the City
Engineer. All hauling/delivery access to and from the
site will be from Crown Valley Parkway. An approved
Haul Route Permit will be required from the City.
• If hauling operations cause any damage to existing
pavement, street, curb and/or gutter along the haul
route, the applicant will be fully responsible for
repairs. The repairs shall be completed to the
satisfaction of the City Engineer.
• This Plan shall meet standards established in the
current California Manual on Uniform Traffic Control
Device (MUTCD) as well as City's requirements.

Median Diverter for Left-Turn Egress at Project Driveway Prior to Issuance Prior to Issuance TRA-2 Prior to the issuance of a grading permit, the Applicant of Grading Permit of Grading Permit shall install a temporary physical median diverter on - Applicant - City Traffic Crown Valley Parkway or the driveway entrance to Engineer prohibit outbound left-turn movements onto Crown Valley Parkway during construction activities. The design of the temporary barrier shall be approved by the City's Traffic Engineer.

Page A - 21 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
Prior to the first certificate of occupancy, the installation of a permanent physical median diverter on Crown Valley
Parkway is required to restrict outbound left-turn
movements from the Project driveway at Playa Blanca. The median diverter along with the left-turn pocket shall be designed in a manner consistent with Figure 4.12.A. The median diverter shall be submitted for review and approved by the City Traffic Engineer prior to issuance of grading MM Modification of Northbound Left-Turn Pocket on Crown Before Certificate Before Certificate TRA-3 Valley Parkway at Project Driveway Prior to the first of Occupancy - of Occupancy - certificate of occupancy and in conjunction with the Applicant City Traffic installation of MM TRA-2, the northbound left-turn pocket Engineer shall be modified to provide a 100-foot left-turn lane with a transition area of 120-feet. The modification would
include restriping of the existing left-turn pocket to better accommodate queuing and high speeds along Crown
Valley Parkway. The northbound left-turn pocket shall be designed in a manner consistent with Figure 4.12.A. The left-turn pocket along with the median diverter shall be submitted for review and approved by the City Traffic
Engineer prior to issuance of grading permits.

Tribal Cultural Resources
MM An archaeologist shall be retained by the Applicant to Prior to Grading - Prior to Grading - TCR-1 conduct cultural resources awareness training prior to any Applicant/Project City ground disturbance related to construction. Archeologist The Cove at El Niguel Page A - 22
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
MM An archaeological monitor shall conduct spot-check During Grading - During Grading - TCR-2 monitoring, up to 10 hours per week, during ground Applicant/Project City disturbing activities related to construction. If any artifacts Archeologist are discovered, a member of the Juaneno Band of Mission Indians, Acjachemen Nation- Belardes shall be contacted immediately. The archaeologist and Acjachemen Nation
shall consult to determine the nature and significance of the discovery and make recommendations to the Applicant and City for further cultural resource efforts.

If human remains are encountered, State Health and Safety During Grading - During Grading - TCR-3 Code Section 7050.5 states that no further disturbance shall Applicant/Project City occur until the County Coroner has made a determination Archeologist of origin and disposition pursuant to Public Resources
determined to be prehistoric, the County Coroner will
notify the Native American Heritage Commission
(NAHC), which will determine and notify a Most Likely
Descendant (MLD). With the permission of the landowner
or his/her authorized representative, 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.

Page A - 23 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Time Frame and Verification of Compliance No. Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
Wildfire
SCA The Project is within a Local Responsibility Area VHFHSZ FIRE-1 and will comply with the applicable regulations as determined by the City, OCFA, and/or CALFIRE in order
to maintain the effectiveness of emergency response and firefighting operations. The Project's Fire Master Plan was prepared as a requirement of California Fire Code Section 104.9 and is based on OCFA requirements seen in the Fire Safe Development Guideline B-09a. The following is a list from the Fire Prevention Plan referenced in the Fire Master Plan in Appendix G-1 and the Conceptual Fuel
Modification Plan in G-2, which includes the ignition
resistant construction requirements for buildings located in a Wildland Urban Interface Area under the California Fire Code (CFC), Chapter 7A of the California Building Code
(CBC), and the California Residential Code (CRC) R327
and R337. These requirements are referenced as Zones and Areas and will be Project conditions of approval. See
Figure 4.14.B Conceptual Fuel Modification Plan below.

Private Homeowner Setback Area:

A. Automatic irrigation systems shall be installed to
regularly irrigate landscape to maintain healthy
vegetation with high moisture content.

The Cove at El Niguel Page A - 24
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
B. Foliage shall be pruned regularly to reduce vegetation density, maintain vertical continuity, plant litter and dead wood must be removed regularly.
a. Ground cover shall not exceed 2 feet in height
b. Trees can be in groups of 3 specimens or less. No
spacing required.
c. Groups of shrubs shall be spaced by the greater of
the following two measurements: A distance of 15 feet
minimum or 3 times the mature height of the tallest
specimen in any group.
d. Groups of trees shall be spaced by a minimum of 30
feet apart regardless of height.

C. Undesirable plant species are prohibited in the setback D. Thee species within the setback are are not allowed
within 10 feet of combustible structures.

E. Maintenance shall include thinning and removal of
over-growth, replacement of dead/dying plant material.

F. Devices that burn solid fuels are not permitted within the setback area.

G. Combustible construction within the setback area is
prohibited.

Page A - 25 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Verification of Compliance
No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
H. The Homeowners' Association (HOA) shall enforce the
design of the setback area requirements throughout the
design review committee prior to installation of the
homeowner. On-going enforcement of the setback area
shall be enforced each calendar year.

Zone A (Non-Combustible Construction):
• A 20-foot setback zone shall be maintained for non-
combustible construction only. Zone A shall be
maintained by the HOA or private homeowner.

Zone B (Wet zone):
• An 80 to 85-foot area extending out from Zone A or
the private homeowner setback area shall be provided.

Zone B shall be permanently irrigated, fully
landscaped with approved drought tolerant, deep
rooted, moisture retentive material. Zone B area shall
be maintained by the HOA.

Special Maintenance Area With Restricted Plant
Palette (SMA) (Wet zone):
• The special maintenance areas shall have maintenance
requirements to reduce the chances of ignition from
wildfires. Maintenance within these areas is needed in
the same manner as the fuel modification zones and
shall be maintained on a year-round basis, with
The Cove at El Niguel Page A - 26
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Initials Time Frame and Time Frame and Verification of Compliance No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
removal of all dead plant material, replacement of dead diseased species with the same growth
characteristics from the approved landscape plans.

Irrigation shall be verified on a regular basis to ensure it is in a working condition and the plants shall be
irrigated as necessary to keep them healthy with their
appropriate moisture content.

Private Homeowner Landscape Area:

Landscaped areas within the private homeowner unit
shall be devoid of species from the "Undesirable and
Invasive Plant Species" list seen in Attachment 7 of
OCFA Vegetation Management Guideline:

Technical Design for New Construction Fuel
Modification Plans and Maintenance Program,
Guideline C-05. Planting restriction shall be recorded
as part of the recorded Covenants, Conditions and
Restrictions (CC&Rs).

Special Maintenance Area With No-Combustible
Material:
• Where indicated, the special maintenance area
between the radiant heat wall and the southern project
boundary at units 9 through 11 shall be comprised of
non-combustible material (Rock/Concrete Only). Any
Page A - 27 The Cove at El Niguel
Mitigation Monitoring and Reporting Program - August 2022 Appendix A - Mitigation Monitoring and Reporting Program Time Frame and Verification of Compliance
No. Mitigation Measure Responsible Responsible
Party for Party for Initials Date Remarks
Implementation Monitoring
rock/gravel used shall be a minimum 8 inches in
diameter.

PDF Radiant Heat Wall - 6 feet minimum height on both sides FIRE-1 of the wall. Noncombustible solid block and or glass fencing.

PDF Low Profile Venting - Structures adjoining the fuel FIRE-2 modification shall have low profile roof venting on the side of the structure facing the fuel modification (Units 9-22).

PDF Enhanced Automatic Fire Sprinkler System Features - All FIRE-3 buildings (Units 1 through 22) shall have automatic fire sprinklers installed in attics and small spaces, as well as covered balcony/patio areas. Additionally, exterior bells shall be provided for the Fire Sprinkler Systems.

The Cove at El Niguel Page A - 28
Mitigation Monitoring and Reporting Program - August 2022

ATTACHMENT C
Resolution No. 2022-1412 (TTM 17721)
RESOLUTION NO. 2022-1412

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

NIGUEL, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE

PLANNING COMMISSION'S DECISION TO APPROVE TENTATIVE
TRACT MAP TTM 17721 (THE COVE AT EL NIGUEL)
WHEREAS, the APPLICANT, Laguna Niguel Town Properties, 27422 Portola Parkway, Suite 300, Foothill Ranch, CA 92610, requests approval of Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 (The Cove at El Niguel) to redevelop the 4.2-acre property with a proposed 22-unit townhome-style residential development.

The site previously contained 41 homes that were demolished following the Via Estoril Landslide in March 1998. The site has been vacant since the prior homes were demolished and the surrounding hillside reinforced, with a landslide buttress area separating the reinforced hillside from the project site. Under the proposed project, residential development would be limited to the approximate 2 acre pad area along Crown Valley Parkway and predominately outside of the landslide buttress area. The remaining approximately 2.2 acres of the site is proposed to remain undeveloped. The site is within the Residential Multi-Family (RM) Zoning District and the Residential Attached Land Use Designation in the General Plan. The site is generally located between Via Valle and Club House Drive, at Playa Blanca, on the north side of Crown Valley Parkway.

WHEREAS, Environmental Impact Report EIR 22-02 (SCH No. 2021110122) was prepared and completed for the project pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Manual.

WHEREAS, a notice of public hearing describing the project, date, time, and location of the August 23, 2022, Planning Commission hearing was advertised in the Orange County Register at least 10 days prior to the hearing date. Hearing notices were also mailed to property owners within 500 feet of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on August 23, 2022, the Planning Commission held a duly noticed public hearing on Tentative Tract Map TTM 17721 and considered all evidence presented by City staff and other interested parties. The Planning Commission closed the public hearing on that date and continued the item to the September 13, 2022 meeting.

WHEREAS, on September 13, 2022, the Planning Commission of the City of Laguna Niguel continued its deliberations on Tentative Tract Map TTM 17721 and approved said entitlement by adoption of Resolution 22-14, making all findings and adopting conditions of approval.

WHEREAS, on September 23, 2022, A. Patrick Munoz with Rutan and Tucker, LLP, on behalf of the Niguel Summit Community Association ("Niguel Summit") filed a Resolution No. 2022-1412 Page 2
TTM 17721 (The Cove at El Niguel)
timely appeal of the Planning Commission's decision to approve the application to the City Council (Tentative Tract Map TTM 17721).

WHEREAS, a notice of public hearing describing the appeal and project, and identifying the date, time, and location of the November 15, 2022, City Council hearing was advertised in the Orange County Register at least 10 days prior to the hearing date.

Hearing notices were also mailed to property owners within 500 feet of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on November 15, 2022, the City Council of the City of Laguna Niguel conducted a duly noticed public hearing and considered all evidence presented by City staff and other interested parties. The City Council continued the item to a date certain, a special meeting scheduled for December 5, 2022.

WHEREAS, on December 5, 2022, the City Council of the City of Laguna Niguel reopened the continued public hearing on the application, closed the public hearing, and after deliberation adopted this Resolution to deny the appeal and uphold the Planning Commission's decision to approve the application and make findings in support thereof.

WHEREAS, all legal prerequisites prior to the adoption of the resolution have occurred.

NOW THEREFORE, the City Council of the City of Laguna Niguel hereby resolves as follows:

SECTION 1. FINDINGS. The City Council finds each of the facts in the preceding recitals to be true and correct.

SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The proposed map is consistent with the General Plan and the design and improvement of the proposed subdivision is consistent with the General Plan. The approximate 4.2-acre project site is located within Community Profile Area 8, Sub-Profile Area F of the Laguna Niguel General Plan. The proposed subdivision is consistent with the land use designation and growth projections of the Laguna Niguel General Plan. Further evidence to support this finding is found in Section 4.10 of Environmental Impact Report EIR 22-02, including the General Plan consistency analysis found in Table 4.10-1. Based on its independent review of the General Plan, the City Council rejects the appellant's argument that the site is designated in the Land Use Element as Open Space.

SECTION 3. CONSISTENCY WITH ZONING CODE. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to section 9-1-254, subject to approval of two alternative development standards and a minor adjustment, the proposed project is consistent with the applicable Resolution No. 2022-1412 Page 3
TTM 17721 (The Cove at El Niguel)
requirements of the Laguna Niguel Zoning Code (LNZC). Based on its independent review of the LNZC and Zoning Map, the City Council rejects the appellant's argument that the site is zoned as Open Space.

SECTION 4. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Environmental Impact Report EIR 22-02 was prepared and completed for the project pursuant to CEQA, the CEQA Guidelines, and the City's CEQA Manual. Prior to adopting this resolution to uphold the Planning Commission's approval of Tentative Tract Map TTM 17721 The City Council has reviewed and considered the information contained in Environmental Impact Report EIR 22-02, including Appendices and Response to Comments; and received comments provided at the noticed public hearing; adopted Findings of Fact, certified Environmental Impact Report EIR 22-02, and adopted a Mitigation Monitoring and Reporting Program, by adoption of Resolution No 2022-1411, which is incorporated herein by reference, and made a part hereof as if fully set forth herein.

SECTION 5. SITE AND DENSITY SUITABILITY. The site is physically suitable for the proposed type and density of development and the subdivision and proposed uses can be developed in compliance with applicable zoning regulations. The proposed subdivision of the site has been designed to facilitate the grading and development of the building pads for 22 townhome units, including one numbered lot and one lettered lot, access driveways, infrastructure, and ancillary improvement to accommodate the multi- family development project. Geotechnical studies have been prepared and peer- reviewed to verify that the site is suitable for the type of housing and density proposed by the project.

SECTION 6. ENVIRONMENTAL DAMAGE/PUBLIC HEALTH. The design of the subdivision and the proposed improvements would not cause substantial environmental damage or avoidable injury to fish or wildlife or their habitat, nor cause serious public health problems. The project was reviewed in Environmental Impact Report EIR 22-02, which analyzed the environmental impacts, including fish or wildlife and public health, of the multi-family development, including Tentative Tract Map TTM 17721 and determined that no significant impact would be caused by the project.

SECTION 7. EASEMENTS. Subject to the conditions of approval, the design, or improvements of the proposed project will not conflict with easements acquired by the public at large for access through, or use of property within, the subdivision.

SECTION 8. DEVELOPMENT FEES FOR PUBLIC FACILITIES. The subdivision is located in an area for which fees to fund facilities and services have been adopted, and conditions of approval of the subdivision are imposed, obligating the subdivider to pay any applicable fees before recordation of the final map, or per Resolution No. 2022-1413 (Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11) prior to building permit issuance.

Resolution No. 2022-1412 Page 4
TTM 17721 (The Cove at El Niguel)
SECTION 9. SEWER SYSTEM. The discharge of wastewater from the project site into the existing community sewer system would not result in, or add to a violation of, existing requirements prescribed by the San Diego Regional Water Quality Control Board The evidence to support this finding is found in Section 3.2.6 of the Environmental Impact Report EIR 22-02.

SECTION 10. UTILITIES. Adequate utility services and capacities exist now to serve the project and all off-site improvements were analyzed in Environmental Impact Report EIR 22-02.

THEREFORE, BE IT RESOLVED that on the basis of the foregoing and all of the evidence before it, the City Council does hereby deny the appeal and upholds the Planning Commission's approval of Tentative Trat Map TTM 17721, subject to the following conditions:

Map Expiration - In accordance with the California Subdivision Map Act and the Laguna Niguel Subdivision Code, unless an extension is approved by the City, Tentative Tract Map TTM 17721 shall expire 24 months from the date of approval written herein below.

Project Compliance - This approval constitutes approval of the proposed tentative tract map only to the extent that the project complies with the Laguna Niguel Subdivision Code and any other applicable zoning regulations, based on the findings set forth above. Approval does not include any action or finding as to compliance or approval of the project regarding any other applicable ordinance, regulation, or requirement.

Limits of Approval - This Tentative Tract Map approval shall apply only to land division specified herein and only to the plans and reports (Tentative Tract Map TTM 17721) date stamped approved, on file with the Community Development Department, as herein modified. No other land use, location, or plan is authorized under this subdivision. All proposed site development is subject to the conditions of approval as established as a part of Resolution No. 2022-1413 approving Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11.

4. Revocation - Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Laguna Niguel Planning Commission.

5. Legal Indemnification - The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, Resolution No. 2022-1412 Page 5
TTM 17721 (The Cove at El Niguel)
but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, consultants, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, consultants, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City, for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.

Agreement to Conditions of Approval - Prior to final map recordation or grading permit issuance, whichever is to occur first, the applicant shall execute an "Agreement to Conditions Imposed Form," as provided by the Community Development Department, acknowledging and agreeing to abide by all conditions of the subject approval.

7. Ties to Horizontal Control - Prior to final map approval, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control systems established by the County Surveyor in a manner described in Sections 7- 9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.

Digital Map Submission - Prior to final map approval, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.

Resolution No. 2022-1412 Page 6
TTM 17721 (The Cove at El Niguel)

9. Water and Sewer Improvements - Prior to final map approval, the applicant or designee shall submit and obtain approval from Moulton Niguel Water District for water and sewer improvements.

10. Utility Improvements and Undergrounding - The applicant shall locate and construct all utility improvements in accordance with the project improvement agreement and applicable utility company standards. The applicant shall install underground all utility lines, including electric lines, telephone and cable TV lines in a manner meeting the approval of the City Engineer.

11. Recordation of Tract Map - Prior to issuance of a building permit, the final Tract [TM 17721 shall be recorded at the County Recorders' Office and a blue-line copy of the recorded final map shall be provided to the Community Developmen Department.

12. Parkland Dedication/In-lieu Fee - If applicable, prior to final map approval, the applicant is responsible for satisfaction of the Laguna Niguel Municipal Code (LMZC) through the provision of parkland. Satisfaction of the LMZC may be through local park credits for parkland provided as part of the project and/or the payment of in-lieu fees, consistent with LNMC Section 9-1-523. If applicable, the applicant shall be required to pay park fees consistent with the LNMC prior to the issuance of building permits.

13. Homeowners Association (HOA) and Conditions, Covenants, and Restrictions (CC&Rs) - Prior to recordation of the final map, the applicant shall demonstrate the formation of a Homeowners Association (HOA), including enforcement responsibilities of the HOA for conditions, covenants, and restrictions (CC&Rs) for the project. Said CC&Rs shall be approved by the Community Development Director prior to final map recordation. The CC&Rs shall be recorded in conjunction with the final map and shall include at a minimum:
a) Provision(s) for the maintenance by or through the HOA of all private streets) and shared access drives, common open space and slopes. b) Provision(s) for the maintenance by or through the HOA of private drainage facilities within the subdivision.
c) Provisions for annual geotechnical monitoring by and through the HOA of the following:

Visual monitoring of all private streets) and shared access drives, common open space, and slopes.

Resolution No. 2022-1412 Page 7
TTM 17721 (The Cove at El Niguel)
ii. Reading, analyses, and interpretation of the slope inclinometers AGI- 26, AGI-27, and AGI-31 within the subject property to evaluate the future performance of the fill buttress and rate of movement.

Provision(s) for the enforcement and implementation by or through the HOA of all BMPs identified in the final Water Quality Management Plan approved for the project.
e) Language informing homeowners of the potential problems with over- watering the landscape.
f) Language informing homeowners of the potential problems that could develop when drainage is altered through construction of retaining walls, pools, spas, paved walkways, patios, gazebos, or other various improvements. Ponded water, incorrect drainage, flows over slope faces, leaky irrigation systems, overwatering, or other conditions that could lead to groundwater infiltration, shall be avoided.

Language informing homeowners of the potential problems that the expansive nature of the soils may cause and shall require those expansive properties to be considered in the design of any additional concrete, flat work, or walls.
h) Language informing homeowners that all garage parking spaces shall remain available and be utilized for the parking of the resident's operable vehicles and that each home shall have equal access to shared parking spaces per Condition No. 30 of Resolution No. 2022-1413. i) Provision(s) for the enforcement of the "Parking Management Plan" by the HOA to ensure that all the garage parking spaces remain available and are utilized for the parking of the resident's operable vehicle per Condition No. 30 of Resolution No. 2022-1413.

The prohibition of building structures, and other non-open space land uses, within the open space easement area delineated on the final map.

Provision(s) for the maintenance by or through the HOA of landscape and irrigation on all slope areas surrounding the development pads, to be delineated as a maintenance easement on the final map, in favor of the HOA. The CC&R provision for landscape maintenance shall include the specific responsibilities of the HOA, to be approved by the Community Development Director.
1) A statement indicating that proposed amendments to any of the project CC&Rs shall be submitted for review and approval to the Community Development Director.

Resolution No. 2022-1412 Page 8
TTM 17721 (The Cove at El Niguel)

14. Private Street Responsibility - Prior to recordation of the final map, in a manner meeting the approval of the Community Development Director, the applicant shall include a note on the final map stating that all shared access drives within the subdivision shall be owned, operated, and maintained by the subdivider, successors, assigns, or HOA.

15. General Access Easements - On the final map, in a manner meeting the approval of the Public Works Director, the applicant shall establish a general access easement to the City of Laguna Niguel stating that the City of Laguna Niguel for ages te tie, ras to cutest it in trate 1772c remble and ceand miscellaneous facilities and appurtenant structures in, upon, over, and across said streets and, pursuant to existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, and for transportation or distribution of electrical energy, waste water (by means of sanitary sewers), water and for incidental purposes, including access to protect these works for all hazards, in upon, and over the street right-of-ways.

16. Orange County Fire Authority (OCFA) - General Condition - Prior to approval of the final map, the applicant or designee shall obtain the applicable approval(s) and/or permit(s) from the OCFA.

17. OCFA - Emergency Access Easements - Prior to final map approval, the applicant or designee shall identify on the final map subject to approval of the OCFA, reciprocal access easements for emergency access purposes.

18. OCFA - Secured Fire Protection Agreement - If applicable, prior to final map approval, the applicant or responsible party shall enter into a secured fire protection agreement with OCFA (714-573-6199) to mitigate additional fire service impacts resulting from the project.

Resolution No. 2022-1412 Page 9
TTM 17721 (The Cove at El Niguel)
SECTION 11. CITY CLERK CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 5th day of December, 2022:

Elaine Gennawey, Mayor
ATTEST:

Marissa Asistin, City Clerk
Resolution No. 2022-1412 Page 10
TTM 17721 (The Cove at El Niguel)

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

LAGUNA NIGUEL )
1, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk

ATTACHMENT D
Resolution No. 2022-1413 (SDP 16-04 and MA 22-11)
RESOLUTION NO. 2022-1413

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA NIGUEL, CALIFORNIA, DENYING THE APPEAL

AND UPHOLDING THE PLANNING COMMISSION'S

DECISION TO APPROVE SITE DEVELOPMENT PERMIT
SDP 16-04, INCLUDING ALTERNATIVE DEVELOPMENT
STANDARDS, AND MINOR ADJUSTMENT MA 22-11 (THE

COVE AT EL NIGUEL)
WHEREAS, the APPLICANT, Laguna Niguel Town Properties, 27422 Portola Parkway, Suite 300, Foothill Ranch, CA 92610, requests approval of Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 (The Cove at El Niguel) to redevelop the 4.2-acre property with a proposed 22-unit townhome-style residential development.

The site previously contained 41 homes that were demolished following the Via Estoril Landslide in March 1998. The site has been vacant since the prior homes were demolished and the surrounding hillside reinforced, with a landslide buttress area separating the reinforced hillside from the project site. Under the proposed project, residential development would be limited to the approximate 2.0 acre pad area along Crown Valley Parkway and predominately outside of the landslide buttress area. The remaining approximately 2.2 acres of the site is proposed to remain undeveloped. The site is within the Residential Multi-Family (RM) Zoning District and the Residential Attached Land Use Designation in the General Plan. The site is generally located between Via Valle and Club House Drive, at Playa Blanca, on the north side of Crown Valley Parkway.

WHEREAS, Environmental Impact Report EIR 22-02 (SCH No. 2021110122) was prepared and completed for the project pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Manual.

WHEREAS, a notice of public hearing describing the project, date, time, and location of the August 23, 2022 Planning Commission hearing was advertised in the Orange County Register at least 10 days prior to the hearing date. Hearing notices were also mailed to property owners within 500 feet of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on August 23, 2022, the Planning Commission of the City of Laguna Niguel held a duly noticed public hearing on Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 and considered all evidence presented by City staff and other interested parties. The Planning Commission closed the public hearing on that date and continued the item to the September 13, 2022 meeting.

WHEREAS, on September 13, 2022, the Planning Commission of the City of Laguna Niguel continued its deliberations on Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 and approved those entitlements by adoption of Resolution 22-15, making all findings and adopting conditions of approval.

Resolution No. 2022-1413 Page 2
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
WHEREAS, on September 23, 2022, Patrick Munoz with Rutan and Tucker, LLP, on behalf of the Niguel Summit Community Association ("Niguel Summit) filed a timely appeal of the Planning Commission's decision to approve the application to the City Council (SDP 16-04 and MA 22-11).

WHEREAS, a notice of public hearing describing the appeal and project, and identifying the date, time, and location of the November 15, 2022, City Council hearing was advertised in the Orange County Register at least 10 days prior to the hearing date.

Hearing notices were also mailed to property owners within 500 feet of the project boundaries and to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.

WHEREAS, on November 15, 2022, the City Council of the City of Laguna Niguel conducted a duly noticed public hearing and considered all evidence presented by City staff and other interested parties. The City Council continued the item to a date certain, a special meeting scheduled for December 5, 2022.

WHEREAS, on December 5, 2022, the City Council of the City of Laguna Niguel reopened the continued public hearing on the application, closed the public hearing, and after deliberation adopted this Resolution to deny the appeal and uphold the Planning Commission's decision to approve the application and make findings in support thereof.

WHEREAS, all legal prerequisites prior to the adoption of the resolution have occurred.

NOW THEREFORE, the City Council of the City of Laguna Niguel hereby resolves as follows:

SECTION 1. FINDINGS. The City Council finds each of the facts in the preceding recitals to be true and correct.

SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The project is consistent with General Plan based on the following:

A. Land Use Element: The subject property is within Community Profile 8, Sub- profile Area F, of the Laguna Niguel General Plan. The Land Use Element designates the project site as "Residential Attached". The Residential Attached designation allows for townhomes, apartments, and condominium projects on individual and common lots. The buildout of the sub-profile area accounts for the former 41 Crown Cove townhome units. The Cove at El Niguel project is consistent with the land use designation and only proposes to rebuild 22 of the 41 units allocated in the General Plan for the project site. Based on its independent review of the General Plan, the City Council rejects the appellant's argument that the site is designated in the Land Use Element as Open Space.

Resolution No. 2022-1413 Page 3
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
B. Circulation Element - Transportation/Traffic: The Circulation Element of the General Plan guides the development of the City's circulation system in a manner compatible with the Land Use Element. A Traffic Assessment was conducted by Linscott, Law & Greenspan, Engineers (LLG) to evaluate the impact of the project on the existing and future traffic circulation system per the City's Transportation Assessment Guidelines and the General Plan Circulation Element. The Transportation Assessment is provided in Appendix L1 of EIR 22-02 (Exhibit 4 of Resolution No. 2022-1411). The project complies with both the City's Transportation Assessment Guidelines and the General Plan Circulation Element. The projected increase in traffic during peak a.m. and p.m. times (10 trips and 12 trips, respectively) would be minimal and considerably less than the 41 units programed for the property in the Land Use Element.

C. All Other General Plan Elements: The General Plan includes a series of stated goals that are intended to establish a broad vision of desired conditions the City wants to achieve. Also included are policies which set a course of action to achieve these goals. A comprehensive summary of the project's consistency with the intent, goals, and policies of the various elements of the General Plan is provided in Table 4.10-1 of Section 4.10 (Land Use) of EIR 22-02 (Exhibit 2 of Resolution No 2022-1411).

SECTION 3. CONSISTENCY WITH THE LAGUNA NIGUEL ZONING CODE (LNZC). The proposed project is consistent with the LNZC in that the project is located in the Residential Multi-Family (RM) District of the LNC which allows for the development and preservation of developments containing multiple dwelling units on each lot, consisting of either rental apartments or townhomes and condominiums with individual ownership of units, and the project is proposing a townhome development. With the approval of Site Development Permit SDP 16-04, including the use of two "alternative development standards" related to common open space/active recreation and building height standards, and Minor Amendment MA 22-11, as conditioned, the project otherwise conforms to the applicable requirements of the LNZC. Based on its independent review of the LNZC and Zoning Map, the City Council rejects the appellant's argument that the site is zoned as Open Space.

SECTION 4. ALTERNATIVE DEVELOPMENT STANDARD. Pursuant to LNZC Section 9-1-114.1(i), alternative development standards are permitted in conjunction with a Site Development Permit when the City finds that "The use of an alternative development standard will result in a project design superior to that under the baseline development standards in this code, or will result in public benefits) which would not have been realized under the baseline standards."
A. Building Height: The RM District's maximum building height limit is 35 feet. The LNZC stipulates the building height is to be measured from the lower of the existing or finished grade. The townhome buildings range in height up to a Resolution No. 2022-1413 Page 4
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
maximum of 34.9 feet from finished grade and comply with the height standard (height of buildings post construction). However, the LNZC stipulates that the building height is to be measured from the lower of existing or finished grade.

The project includes modest site grading of the building area consisting of cut- and-fill earthwork to create a level pad for construction. When accounting for the existing grade where fill is proposed up to 6.5 feet along the Crown Valley Parkway frontage, the height of some of the buildings extend up to 41.4 feet in height.

The applicant is voluntarily limiting development to less than half of the project site and nearly half the allowable density in response to feedback received from the Niguel Summit community at time of initial project application. In doing so, the applicant has self-imposed a smaller footprint for development which necessitates the fill grading along the Crown Valley Parkway frontage to create the level pad area needed for development. Without this constraint, the applicant would have considerably more land area and options to site plan the project without the proposed fill grading and within the baseline building height limit. Another benefit of the applicant electing to limit development to only build on the lower half of project site is the proposed townhome buildings would be set back more than 275 feet from the neighboring Niguel Summit community where the LNZC only requires a minimum of 10 feet and any view of proposed development from residents above would be negligible. In addition, the project has an attractive street frontage featuring varied building compositions, enhanced exterior materials, and professionally designed landscaping that collectively elevate the project's overall architecture and design.

B. Common Open Space/Active Recreation: The LNZC requires 25% of the buildable project area to be common open space (0.35 acres in this case), with 10% of that devoted to active recreational uses. This requirement is to ensure there is adequate open space for residents. Laguna Niguel multi-family developments are typically designed with limited private outdoor space for individual units, usually in the form of a small balcony or patio, and in some cases none at all. Compliance with code provisions is usually achieved in the form of passive and active common open space, such as amenitized park area, community swimming pools, and/or tennis and other game courts.

For this project, in lieu of common open space/active recreation areas, the applicant is requesting to meet the requirement in the form of private outdoor backyards for each unit (ranging in depth from 10 feet to 24 feet) and two mini- parks for the community. In total, 0.51 acres of collective outdoor space is proposed. The applicant contends the combination of the two smaller community parks and offering the enjoyment of privately-owned outdoor living space for use and enjoyment of each unit would be more desirable for residents then larger shared active and passive open space with limited to no private backyards. The City concurs that this hybrid approach to providing a combination of shared and private outdoor living space for the enjoyment of Resolution No. 2022-1413 Page 5
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
residents, which is proposed at a rate of 1.5 times more than minimum area allocation, is consistent with the Alternate Development Standard criteria.

SECTION 5. MINOR ADJUSTMENT. The LNZC limits wall heights outside of minimum property line setbacks to a maximum height of 12 feet. The project includes a retaining wall that ranges from 1 feet to 15.5 feet in height along the back of the townhome buildings. The wall is intended to accommodate the residential development within the lower half of the project site. The project proposes the use of a mechanically stabilized earth (MSE) retaining wall along the western edge of the development area at the toe of the buttress fill slope. An MSE wall is equally as stable as a conventional concrete or masonry retaining wall, but also allows for small amounts of movement associated with expansive soil or slope creep. MSE walls are common throughout Laguna Niguel and South Orange County. The MSE wall at the toe of the slope will reach a maximum height of 15.5 feet and have an average height of 8.7 feet. The vast majority of the wall complies with the 12 feet requirement maximum height requirement. However, there is one location where a portion of a retaining wall reaches 15.5 feet in height. The wall segment that exceeds 12 feet in height is approximately 49 feet long, and is located along the maintenance/fire access road at the end of Private Drive "B". The interior location of the wall limits the exposed portion to future residents of the development. Any visibility of the over-height portions of the wall off site and viewed by the public would be negligible. A combination of screening trees, shrubs, and climbing vines are proposed to soften the wall's appearance to Cove at El Niguel residence. Given the over-height segment of the wall would not be exposed to any public vantage points, the modest increase in height requested, and the combination of landscape screening for residents, the proposed modification to the wall height standard is consistent with the Minor Adjustment provisions. Pursuant to LNZC Section 9-1-35.3(f), modifications to height, size, and location standards set forth in the LNZC may be permitted with approval of a Minor Adjustment. The same findings for the Site Development Permit set forth herein apply to the Minor Adjustment, and the City Council hereby makes the following additional findings, based on the foregoing evidence, for the approval of a Minor Adjustment relating to wall height:

A. The height, location, and size, of the wall will not be unsightly or incompatible with the character of or the uses in the neighborhood in that the prosed wall is utilized on other properties in the surrounding area due to the sloped nature of the neighborhood, in addition, a combination of screening trees, shrubs, and climbing vines are proposed at the base of wall. Once the landscape matures the wall will not be visible to the on-site or surrounding neighborhoods.

B. The height, size, and location of the wall as proposed will not result in or create a traffic hazard because the MSE wall is not located near a road and has no visual impact on a road.

C. Approval of the Minor Adjustment will result in a project design which is equivalent to or better than a project without the adjustment. Given the over- height segment of the wall would not be exposed to any public vantage points, Resolution No. 2022-1413 Page 6
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
the modest increase in height requested, and the combination of landscape screening for residents, the proposed modification to the wall height standard is consistent with this Minor Adjustment provision. Also notable, the over-height wall is a result of the applicant constraining grading and residential development to the lower portion of the property to address feedback received from the Niguel Summit community. Without such a development limitation, the project could be redesigned without the need for an over-height wall.

Additionally, the wall could be divided into two smaller walls that would conform to the height limit, however, this would necessitate extending the wall deeper into the upslope without any benefit.

SECTION 6. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Environmental Impact Report EIR 22-02 (SCH No. 2021110122) was prepared and completed for the project pursuant to CEQA, the CEQA Guidelines, and the City's CEQA Manual. The City Council has reviewed and considered the information contained in Environmental Impact Report EIR 22-02, including Appendices and Response to Comments; and received comments provided at the noticed public hearing; and has certified Environmental Impact Report EIR 22-02, and adopted a Mitigation Monitoring and Reporting Program, and Findings of Fact prior to approving Site Development Permit SDP 16-04 and Minor Adjustment MA 22-11 by adoption of Resolution No. 2022-1411, which is incorporated herein by reference, and made a part hereof as if fully set forth herein.

SECTION 7. SURROUNDING USES. Approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The existing project site is currently vacant and mostly consists of ornamental landscaping, such as acacia, and seasonal weeds. The surrounding area includes existing single-family homes to the north (Charter Terrace), open space slope to the west (Niguel Summit), multi-family townhome to the south (La Vista), and Crown Valley Parkway to the east. Therefore, the proposed residential use is consistent with surrounding residential uses. The proposed buildings will be located at the bottom of the sloped lot, closest to Crown Valley Parkway minimizing visibility from above residents. Furthermore, project design features include shielding of lights to direct light sources and light spillage away from surrounding uses.

Lastly, the proposed project is designed with landscape buffers around the perimeter of the project site. The proposed landscaping is consistent with the Landscape Corridor designation of Crown Valley Parkway and with surrounding areas.

SECTION 8. CONSISTENCY WITH COMMUNITY DESIGN GUIDELINES. As conditioned, the proposed project is consistent with the Community Design Guidelines of the LNZC. The residential development proposed at The Cove at El Niguel is configured in duplex and triplex buildings, and the proposed Spanish architecture is consistent with the City's vernacular, honoring the precedent while updating certain elements to reflect the needs and wants of a younger demographic than resides in much of the City. The basic design elements that identify Spanish architecture are simple asymmetrical forms, arched entries, predominantly stucco wall finishes, and shallow gabled 'S' tile roofs that Resolution No. 2022-1413 Page 7
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
all animate the elevations. Similarly, grouping of accent windows and vertical forms of openings reinforce the character. Material blending of slump stone, simulated wood corbels, shutters, shaped wood trims and posts, decorative metal railings and downspouts are purposefully composed to enhance the overall design character on every side of each building.

THEREFORE, BE IT RESOLVED that on the basis of the foregoing and all of the evidence before it, the City Council does hereby deny the appeal and upholds the Planning Commission's approval of Site Development Permit SDP 16-04, with the proposed alternative development standards, and Minor Adjustment MA 22-11, subject to the following conditions:

General Conditions

1. Permit Expiration - Unless an extension is approved by the City, this Site Development Permit and Minor Adjustment shall expire 24 months from the date of approval written herein below. If the project is not established by said expiration date, as prescribed by the LNZC, the Site Development Permit and Minor Adjustment shall become null and void.

2. Project Compliance - This approval constitutes approval of the proposed project for compliance with the LNZC and any other applicable zoning regulations.

Approval does not include any action or finding as to compliance or approval of the project regarding any other applicable ordinance, regulation, or requirement.

3. Limits of Approval - This Site Development Permit and Minor Adjustment shall apply only to the land use and location specified herein and only to the plans and reports date stamped with the date of approval, on file with the Community Development Department, as herein modified. No other land use, location, or plans are authorized under these permits. Approved plans and reports include: 1) architectural plans (site plan, floor plan, roof plan and building elevations) prepared by Bassenian Lagoni; 2) preliminary civil/grading plans, Preliminary Hydrology Study, and Conceptual WQMP prepared by Hunsaker & Associates Irvine, Inc.; 3) preliminary landscape plans prepared by Howard Associates; and 4) Geotechnical Investigation Report prepared by American Geotechnical, Inc.

4. Changed Plan - Except as otherwise provided herein, this Site Development Permit and Minor Adjustment constitute a precise development plan. Therefore, all development authorized under this Site Development Permit and Minor Adjustment and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the Site Development Permit. After any application has been approved, if changes are proposed a changed plan may be submitted to the Community Development Director for approval. If the Director determines that the proposed change complies with the provisions and the spirit and intent of the original approval action, and that the action could have been the same for the Resolution No. 2022-1413 Page 8
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
changed plan as for the approved plan, he or she may approve the changed plan without requiring a new permit or permit amendment.

5. Legal Indemnification - The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, consultants, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, consultants, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due.

6. Design Review - All colors, materials, architectural design, and design details shall be in compliance with plans and elevations as approved by this Site Development Permit and Minor Adjustment. Any deviation from the approved plans and documents shall require an amendment to this permit, unless the Community Development Director finds that the proposed change is of a minor nature, in which case a changed plan shall be processed and approved. Any future changes after Certificate of Occupancy in colors, materials or architectural treatments shall Resolution No. 2022-1413 Page 9
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
require processing of either a new permit, an amendment to these permits, or a changed plan depending upon the nature and extent of the changes proposed.

Conditions of Approval - Prior to submittal for building permits, the conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index.

The minimum font size utilized for printed text shall be 12 point.

8. Agreement to Conditions Imposed - Prior to the issuance of any permits, the applicant shall execute an Agreement to Conditions Imposed Form, as provided by the Community Development Department, acknowledging and agreeing to abide by all conditions of the subject approval.

9. Approval of Tentative Tract Map - Site Development Permit SDP 16-04 and Minor Adjustment 22-11 are contingent on the adoption of Resolution No. 2022-1412 by the City Council approving Tentative Tract Map TTM 17721 to reconfigure the internal property lines within the existing boundaries of the overall site to reflect the proposed site plan.

10. Recordation of Tract Map - Prior to building permit issuance, or as otherwise determined by the Community Development Director, Tract Map 17721 shall be recorded at the County Recorders' Office and a blue-line copy of the recorded final map shall be provided to the Community Development Department.

11. Mitigation Measures - The applicant or designee shall comply with and implement all mitigation measures included in the project Environmental Impact Report EIR 22-02and its Mitigation Monitoring and Reporting Program.

Site Preparation & Grading Conditions

12. Grading Permit - Prior to issuance of a grading permit, the applicant or designee shall submit grading/civil engineer plans and a geotechnical soils report that incorporate the measures identified in the Geotechnical Investigation Report prepared by American Geotechnical, Inc. for the proposed project (Appendix F1- F5 of Environmental Impact Report 22-02, included as Exhibit 4 of Resolution No. 2022-1411) for the review and approval by the City's geotechnical consultant and the Community Development Department. All grading operations and construction shall be conducted in accordance with governing grading and building codes, including the requirements of the Laguna Niguel Grading and Excavation Code and the California Building Code (CBC).

13. Geotechnical Compliance - Prior to issuance of the grading permit, the consultant shall review the precise grading plans, retaining wall plans and calculations, and MSE wall plans and calculations, and prepare a grading plan review letter/report with additional or revised recommendations, as necessary. If any major changes are made to the proposed grading, provide revised or additional slope stability Resolution No. 2022-1413 Page 10
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
calculations, as necessary. This includes requiring the need for over-excavation as part of the precise grading plan review letter/report.

14. Slope Inclinometers - Prior to grading permit issuance, the applicant or designee shall install a series of inclinometers on the slope, with the locations and numbers subject to the approval of the City. Data readings shall be provided to the City on a weekly basis throughout the entire construction process.

15. Crushing - If applicable, on-site crushing of existing materials shall be located within the center of the project site subject to the approval of the Community Development Director. Crushing operations shall be subject to the construction hours specified within the Laguna Niguel Municipal Code.

16. Earth-Tone Drainage Structures - All above-grade drainage structures (terrace and down drains) shall be earth-tone in color to aid in blending the appearance of development into the surrounding hillside background.

17. Hydrology Study - Prior to the issuance of a grading permit, the applicant or designee shall submit a Final Hydrology Study that incorporates approved plans and conditions of approval, demonstrating that the proposed on-site drainage system meets the requirements specified in the City's Hydrology Manual, for the review and approval by the City hydrology consultant and the Community Development Department.

18. Storm Water Pollution Prevention Plan (SWPPP) - Prior to issuance of a grading permit, the applicant or designee shall obtain coverage under the State Water Resources Control Board National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) for the proposed project. The applicant or designee shall provide the Waste Discharge Identification Number (WDID) to the City to demonstrate proof of coverage under the Construction General Permit. The SWPPP shall be prepared and implemented for the project in compliance with the requirements of the Construction General Permit. The SWPPP shall identify construction Best Management Practices (BMPs) to be implemented to ensure that the potential for soil erosion and sedimentation is minimized and to control the discharge of pollutants in storm water runoff as a result of construction activities. A copy of the current SWPPP shall be kept at the project site and be available for City review on request.

19. Final Water Quality Management Plan (WQMP) - Prior to issuance of a grading permit, the applicant or designee shall utilize the Orange County Drainage Area Management Plan (DAMP), Model WQMP and Technical Guidance Manual, to prepare and submit a Final WQMP for the proposed project for the review and approval by the City hydrology consultant and the Community Development Department.

Resolution No. 2022-1413 Page 11
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
Water Quality Notes - The following water quality notes shall be added on all construction plans:
a. Sediments from areas disturbed by construction shall be retained on-site using an effective combination of erosion and sediment controls to the maximum extent practicable, and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, sidewalks, gutters, drain inlets or adjacent properties via runoff, vehicle tracking or wind.
b. All sediment and construction debris which is tracked or deposited onto public or private sidewalks, gutters or paved roads should be removed on a daily basis by sweeping or vacuuming and disposed of properly. Sediment and construction debris shall not be washed into the storm drain system, including the gutter and storm drain inlets.
c. Sandbags, gravelbags or other effective filter or trap-type barriers should be used where appropriate to intercept and slow the flow of runoff from the construction site and to trap sediment before it enters the storm drain system, including gutters and inlets. All on-site storm drain inlets shall be protected and off-site inlets shall be protected in areas where construction activity tracks sediment on paved areas or where inlets receive runoff from disturbed areas.
d. Water and/or other dust palliative and stabilization methods should be used to prevent or alleviate dust nuisances (dust control) generated by construction activities. Covering small stockpiles of soils and debris or areas with unstabilized soil is an alternative to applying water or other dust palliatives.
e. Construction-related materials, wastes, spills or residues shall be retained on-site to minimize transport from the site to streets, sidewalks, gutters, drain inlets or adjoining property by wind or runoff.
f. To prevent the discharge of pollutants from material delivery and storage to the storm water system or watercourses all materials shall be properly stored to prevent soil contamination and contact with storm water runoff, which may include appropriate covers, containment areas or surfaces and indoor storage.
g. Stockpiles of soil, paving materials, and pressure treated wood shall be managed to prevent air and water pollution. Stockpiles should be located 50 feet away from concentrated flows of storm water, watercourses and drain inlets. Prior to the onset of precipitation, stockpiles shall be covered and protected by a temporary perimeter sediment barrier at all times.

Resolution No. 2022-1413 Page 12
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
h. Hazardous material-waste, including but not limited to petroleum products, roofing tar, paints, solvents, stains, acids, wood preservatives, septic wastes and asphalt products shall not be allowed to enter the storm drain system or watercourses and shall be properly transported, used, stored and disposed as required by federal and state law. Paint brushes and equipment for water and oil based paints should be cleaned within a contained area and should not be allowed to contaminate site soils, watercourses or storm drain systems. Water-based paints should be rinsed into the sanitary sewer system and thinners, solvents, excess oil-based paints and sludge should be disposed as hazardous waste. i. Cementaceous products such as concrete, mortar or stucco from concrete trucks, potable mixers and miscellaneous containers shall not be washed- out into the storm drain system or watercourses. Designated washout areas shall be located at least 50 feet from concentrated flows of storm water, watercourses and storm drain inlets and runoff from washout-areas shall be contained by constructing a temporary pit or berm-area large enough to capture the liquid and solid waste materials.
j. Saw-cut cement concrete and asphalt concrete slurry shall not be allowed to enter the storm drain system or watercourses. Residue from grinding operations should be picked up by means of a vacuum attachment to the grinding machine and not allowed to flow across the pavement or be left on the surface of the pavement.

21. WQMP BMP Exhibit - The BMP Exhibit from the approved Final WQMP shall be included as a sheet in the precise grading/civil engineer plans and building permit construction plans.

22. Haul Route - Prior to grading permit issuance or importing or hauling any material to or from the site, whichever is to occur first, the applicant or designee shall submit plans and obtain approval of a haul route to and from the Project site.

23. Import/Export of Material - All trucks hauling dirt, sand, soil, and other loose materials to and from the project site shall be covered. If visible soil material is carried onto private/public paved streets, the streets shall be swept to remove the soil material at the end of each workday. The applicant shall be responsible for any repair of any damage to the existing streets resulting from the exporting and importing of earth to and from the site.

24. Air Pollutants - The project shall comply with the South Coast Air Quality Management District (SCAQMD) Rule 402, which prohibits the discharge from a facility of air pollutants that cause injury, detriment, nuisance, or annoyance to the public or that damage business or property.

Resolution No. 2022-1413 Page 13
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

25. Dust Control - During clearing, grading, earth-moving, or excavation operations, excessive fugitive dust emissions shall be controlled by regular watering or other dust-preventive measures using the following procedures, as specified in the SCAQMD Rule 403 listed below. Prior to grading permit issuance (including remedial/rough grading permit), these control techniques shall be noted on the project grading plans. Compliance with the measure shall be subject to periodic site inspections by the City.

26. Construction Noise Control Measures - The applicant or designee shall implement the following construction noise reducing practices.
a. Construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. on weekdays and Saturdays, and shall not occur at any time on Sundays or federal holidays. Construction personnel shall not be permitted on the job site, and material or equipment deliveries and collections shall not be permitted, outside of these hours.
b. All mobile or fixed construction equipment used on the project that is regulated for noise output by a local, state, or federal agency shall comply with such regulations while in the course of project activity. c. All construction equipment shall be properly maintained. (Poor maintenance of equipment may cause excessive noise levels.)
d. All construction equipment shall be operated only when necessary and shall be switched off when not in use.
e. Construction employees shall be trained in the proper operation and use of the equipment. (Careless or improper operation or inappropriate use of equipment can increase noise levels. Poor loading, unloading, excavation, and hauling techniques are examples of how a lack of adequate guidance and training may lead to increased noise levels.)
f. Electrically powered equipment shall be used instead of pneumatic or internal combustion-powered equipment, where feasible.
g. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise- sensitive receptors.
h. Construction site and access road speed limits shall be established and enforced during the construction period.
i. The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only.

Resolution No. 2022-1413 Page 14
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
j. To minimize potential public objections to unavoidable noise, the contractor shall maintain good communication with the surrounding community regarding the schedule, duration, and progress of the construction.

Notification shall be provided advising that there will be loud noise associated with construction and providing a telephone contact number for affected parties to ask questions and report any unexpected noise levels.

The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints.
k. Prior to issuance of a grading and/or a building permit, the name and phone number of the on-site construction supervisor shall be submitted to the Community Development and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. The contact person will be responsible for ensuring compliance with the City imposed Mitigation Measures and Conditions of Approval (e.g., grading activities, truck routes, construction hours, noise, etc.).

I. All construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factory specifications. m. Place construction staging and equipment storage areas at locations as far away from noise-sensitive locations as possible.

Traffic & Right of Way Improvements

27. Right-of-Way Improvements - Prior to building permit issuance and prior to commencing with any demolition or construction within the public right-of-way, the applicant or designee shall submit Street Improvement Plans for review and approval by the Public Works Director/City Engineer for all necessary right-of-way improvements (applicant responsible for all design and construction components)

28. Right-of-Way Improvement Installation - Prior to issuance of any certificate of use and occupancy (including temporary), the applicant or designee shall demonstrate that all required right-of-way improvements, as listed as conditions of approval or mitigation measures of this Resolution and/or as shown in the plans approved for grading and/or building permits, have been installed, at the applicant's expense, and are operational, to the satisfaction of the Public Works Director/City Engineer.

29. Median Landscaping - To maintain adequate sight distance, all landscaping shall not be higher than 6 inches above the curb/sidewalk as shown on Figure 12 of The Cove Transportation Assessment prepared by Linscott, Law, & Greenspan Resolution No. 2022-1413 Page 15
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
Engineers, dated June 9, 2021 (included as Appendix L of Environmental Impact Report EIR 22-02, Exhibit 4 of Resolution No. 2022-1411). If there is existing landscaping taller than this in the required area, the applicant shall be required to remove and replace the landscaping to the Public Work Director's satisfaction. Prior to building permit issuance and prior to commencing with any demolition or construction within the public right-of-way, the applicant or designee shall submit Street Improvement Plans for the median for review and approval by the Public Works Director/City Engineer for all necessary improvements in the right-or-way (applicant responsible for all design and construction components).

30. Parking Management Plan - Prior to the issuance of a building permit the applicant shall submit a parking management plan for approval by the Community Development Director. At a minimum the plan shall include the location and designation of garage and shared parking spaces, and a monitoring program to ensure that all garage parking spaces remain available and are utilized for the parking of the resident's operable vehicles. In addition to dedicated garage spaces, each home shall have equal access to shared parking spaces. The renting of parking spaces shall be prohibited. All guest parking spaces shall be clearly marked with pavement graphics and be dispersed throughout the project site. The homeowners' association or their designated representative shall ensure that all residents and guests of the development park their vehicles onsite and shall not adopt parking policies which force employees, residents, and/or guests to park their vehicles offsite.

Building Conditions

31. Building Permit - Prior to commencing with construction, the applicant or designee shall submit applicable plans for the review and approval by the Laguna Niguel Planning and Building Divisions.

32. Building Height Certification - Prior to scheduling the roof framing/sheeting inspection, the applicant or designee shall provide the Planning Division with written certification prepared by a licensed surveyor or civil engineer identifying the actual height of all the residential buildings at their tallest point, with the exception of projected addition of approved roofing materials and appurtenant structures as permitted by the Building Code. No building shall be taller than 35 feet from finished grade as identified on the approved project plans (see Condition No. 3).

33. Roof Materials and Finish - Prior to building permit issuance, details shall be included on the project building plans identifying all proposed roof materials/colors, which shall have a non-reflective finish and be neutral tone in color to minimize reflection and glare from the surfaces of the roof.

34. Building Permit Final - Prior to building permit final inspection request, the applicant or designee shall be responsible for contacting the Planning Division for an inspection of the site and building to ensure compliance with the applicable conditions of approval and project plans.

Resolution No. 2022-1413 Page 16
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

35. Noise Attenuation - The proposed building shall be designed in a manner so that noise levels do not exceed the General Plan thresholds and the City's Noise Ordinance, including an interior sound environment of 45 dBA (CNEL) and an exterior sound environment of 65 dBA (CNEL, based on existing ambient noise levels and General Plan thresholds). Prior to the issuance of a building permit, an acoustical study prepared by a qualified acoustical engineer shall be submitted to and approved by the Community Development Director. As applicable, any noise attenuation measures shall be incorporated into the design of the buildings and noted on the building permit plans.

36. Utility Providers - Prior to issuance of a building permit, the applicant or designee shall obtain the applicable approval(s) and/or permits) from the utility providers.

37. WQMP Implementation - Prior to issuance of a certificate of use and occupancy, the applicant or designee shall:
a. Demonstrate that all structural BMPs described in the project's WQMP have been constructed and installed in conformance with approved plans and specifications;
b. Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the project's WQMP;
c. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.

Signage & Advertising

38. Project Signage - Prior to building permit issuance for signage, all colors, materials, lighting, and design details for the proposed monument sign shall be submitted to the Community Development Director for review and approval. Said final plans shall be consistent with preliminary signage plans. Project signage shall be developed in conformance with the approved plans and shall be limited to 20 square feet each for a total aggregate not to exceed 40 square feet. The project signage shall be pin mounted lettering with halo illumination.

39. Advertising - Unless first approved as a part of a Site Development Permit or Temporary Use Permit, under no circumstances shall the applicant employ advertising devises such as mechanical signs, human signs, searchlights, banners, balloons, flags, and pennants, which are prohibited under Section 9-1-77 of the Zoning Code. Should the applicant choose to employ any of these illegal advertising devices in the future, the City of Laguna Niguel Code Enforcement Division has the authority to require the applicant to remove them.

Resolution No. 2022-1413 Page 17
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
Landscaping and Outdoor Lighting Conditions

40. Final Landscape Plans - Prior to building permit issuance, the applicant or designee shall submit final landscaping and irrigation plans for the review and approval of the Community Development Department and the City's landscape consultant. Said final plans shall be consistent with preliminary landscaping plans and provide specific landscaping details to ensure compliance with the City's Water Efficient Landscape Ordinance, Regulations, and Guidelines. The placement and installation of utilities, irrigation systems, and landscape plantings shall be coordinated and shown on the final landscaping plan. Utilities and irrigation systems shall be adequately screened with landscaping.

41. Landscaping Installation - Prior to the issuance of a certificate of use and occupancy, the applicant or designee shall demonstrate, via written certification by a licensed landscape architect, to be reviewed and approved by the City landscape consultant, that all irrigation and landscaping has been installed in accordance with the approved final landscape plans.

42. Landscape Maintenance - The property owner shall be responsible for adequately installing and maintaining all existing and new landscaping at all times. The landscaping shall be maintained in a neat, clear, and healthy condition. This shall include proper pruning, weeding, removal and immediate replacement of plants and trees when necessary and the regular watering of landscaping.

43. Outdoor Lighting - Prior to building permit issuance for outdoor lighting, the applicant or designee shall submit construction-level lighting plans that include photometric calculations for the review and approval of the Community Development Department. The proposed lighting shall represent the minimum level of illumination necessary to meet the aesthetic and security needs of the project. Light sources, intensity of light and color of light shall be designed and located consistent with the LNZC.

44. Trash Containers - Resident trash containers shall be stored in fenced yard areas or inside garages.

Development Fees

45. School Fees - If applicable, consistent with current City requirements, the developer shall pay to the Capistrano Unified School District no less than the statutory school fees in effect at the time of issuance of building permits.

46. Fee Programs - If applicable, prior to building permit issuance, the applicant shall be required to participate in the following transportation fee programs: Coastal Area Road Improvements and Traffic Signals (CARITS) Fee Program, Major Thoroughfare and Bridge Fee Program for the Moulton Parkway/Laguna Niguel Area, San Joaquin Hills Transportation Corridor (SJHTC) Fee Program, and any other fee programs adopted by the City, at the rate in effect at the time of permit issuance.

Resolution No. 2022-1413 Page 18
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

47. Environmental Impact Report and Notice of Determination Filing Fees - Within 48 hours of the approval of the project, the applicant or designee shall deliver to the Community Development Department, a check payable to the "County Clerk" in the amount of $3589.25 for the County Clerk administrative fee ($50.00) and the California Department of Fish and Game Code fee ($3,539.25) to enable the City to file the CEQA Notice of Determination with the County Clerk.

48. Parkland and/or Parkland Fees - If applicable, Laguna Niguel Municipal Code (LNMC) Section 9-1-522 specifies parkland requirements for all development projects pursuant to the Quimby Act. The applicant is responsible for satisfaction of the LMZC through the provision of parkland. Satisfaction of the LMZC may be through local park credits for parkland provided as part of the project and/or the payment of in-lieu fees, consistent with LNMC Section 9-1-523. If applicable, the applicant shall be required to pay park fees consistent with the LNMC prior to the issuance of building permits.

Orange County Fire Authority (OCFA)

49. OCFA (General Condition) - Prior to issuance of a building permit, the applicant or designee shall obtain the applicable approval(s) and/or permits) from the OCFA.

50. Temporary/Final Occupancy Inspections - Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least two days in advance by calling OCFA Inspection Scheduling at (714) 573-6150.

51. Local Responsibility Area Very High Fire Hazard Severity Zone (VHFHSZ) - The Project is within a Local Responsibility Area VHFHSZ and shall comply with the applicable regulations as determined by the City, OCFA, and/or CALFIRE in order to maintain the effectiveness of emergency response and firefighting operations.

52. Private Homeowner Landscape Area - Landscaped areas within the private homeowner unit shall be devoid of species from the "Undesirable and Invasive Plant Species" list seen in Attachment 7 of the OCFA Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program, Guideline C-05. Planting restriction shall be recorded as part of the recorded Covenants, Conditions and Restrictions (CC&Rs).

53. Special Maintenance Area With No-Combustible Material - Where indicated, the special maintenance area between the radiant heat wall and the southern project boundary at units 9 through 11 shall be comprised of non-combustible material (Rock/Concrete Only). Any rock/gravel used shall be a minimum 8 inches in diameter.

Resolution No. 2022-1413 Page 19
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

54. Low Profile Venting - Structures adjoining the fuel modification shall have low profile roof venting on the side of the structure facing the fuel modification (Units 9-22).

55. Enhanced Automatic Fire Sprinkler System Features - All buildings (Units 1 through 22) shall have automatic fire sprinklers installed in attics and small spaces, as well as covered balcony/patio areas. Additionally, exterior bells shall be provided for the Fire Sprinkler Systems.

Mitigation Measures
MM BIO-1 - If construction is started during the typical avian breeding season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors), a qualified biologist shall conduct a nesting bird survey within all suitable habitat, on- site and within 300-feet surrounding the site (as feasible), to identify any potential nesting activity within 3 days before start of construction.

If active nests are identified, the biologist would establish buffers around the vegetation (500 feet for raptors and sensitive species, 200 feet for non-raptors/non- sensitive species). All work within these buffers would be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The on-site biologist would review and verify compliance with these nesting boundaries and would verify the nesting effort has finished. Work can resume within these areas when no other active nests are found. Alternatively, a qualified biologist may determine that construction can be permitted within the buffer areas and would develop a monitoring plan to prevent any impacts while the nest continues to be active (eggs, chicks, etc.). Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to City for mitigation monitoring compliance record keeping.

MM CUL-1 - Prior to the issuance of grading permits, the applicant will retain a qualified archaeological monitor who will prepare an Archaeological Resources Mitigation Monitoring Plan. The qualified archaeological monitor will attend all pre- grading meetings to inform the grading and excavation contractors of the archaeological resources mitigation program and will instruct them with respect to its implementation. The qualified archaeological monitor will be on-site during grading within native soil that has the potential to yield archaeological resources.

If such resources are discovered and are in danger of loss and/or destruction, the qualified archaeological monitor will recover them. In instances where recovery requires an extended salvage time, the qualified archaeological monitor will be allowed to temporarily direct, divert, or halt grading to allow recovery of resource(s) in a timely manner. Recovered archaeological resources, along with copies of pertinent field notes, photographs, and maps, will be deposited in a certified curation facility that meets the standards of the California Office of Historical Preservation. The resources will be recorded in the California Archaeological Inventory Database. Should archaeological resources with ties to Native Americans be discovered, the archaeological monitor will immediately notify the Resolution No. 2022-1413 Page 20
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
City and the most likely tribal representative for the area if not already present during monitoring activities. A final monitoring report will be submitted to the City within 30 days of the end of monitoring activities.

3. MM CUL-2 - 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 within 25 feet of the discovery 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 County Coroner shall notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the City, 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.

MM GEO-1 - If paleontological resources are found during grading and construction within the Project, all work shall be halted immediately within a 200- foot radius of the discovery until a qualified paleontologist has evaluated the find.

Work shall not continue at the discovery site until the paleontologist evaluates the find and makes a determination regarding the significance of the resource and identifies recommendations for conservation of the resource, including preserving in place or collecting the resource to the extent feasible and documenting the find with an appropriate museum or university collection.

5. MM TRA-1 - Construction Traffic Management Plan. Prior to the issuance of demolition, grading, or any construction permits, the Applicant shall submit a Construction Traffic Management Plan for review and approval by the both the City Community Development Department and Traffic Engineer. The Construction Traffic Management Plan shall address the following:

Resolution No. 2022-1413 Page 21
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
a. Equipment mobilization and demobilization to and from the Project site, including truck route, delivery timing, traffic control, and demobilization routes.
b. Daily site circulation ingress and egress for construction personnel for the duration of construction at the Project site, including parking since all construction parking shall occur on the project site, unless otherwise approved by the City.
c. Traffic control for any street closure, detour, or other disruption to traffic circulation during construction within the public right-of-way or equipment mobilization/demobilization.
d. Prohibit left turns out of the Project site for all construction personnel and delivery trucks, including temporary food trucks. The Plan shall identify the physical means in which left turns will be prohibited from the Project site. e. Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles piping, windows, etc.) to access the site, traffic controls and detours, and proposed construction phasing plan for the Project.
f. Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. g. Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. h. Hauling or transport of oversize loads will be coordinated with the City as to the haul route as well as the hours allowed. Hauling or transport may be permitted/required during nighttime hours, weekends, or Federal holidays, at the discretion of the City Engineer. All hauling/delivery access to and from the site will be from Crown Valley Parkway. An approved Haul Route Permit will be required from the City.
i. If hauling operations cause any damage to existing pavement, street, curb and/or gutter along the haul route, the applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer.
j. This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City's requirements.

Resolution No. 2022-1413 Page 22
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

6. MM TRA-2 - Median Diverter for Left-Turn Egress at Project Driveway. Prior to the issuance of a grading permit, the Applicant shall install a temporary physical median diverter on Crown Valley Parkway or the driveway entrance to prohibit outbound left-turn movements onto Crown Valley Parkway during construction activities. The design of the temporary barrier shall be approved by the City's Traffic Engineer.

Prior to the first certificate of occupancy, the installation of a permanent physical median diverter on Crown Valley Parkway is required to restrict outbound left-turn movements from the Project driveway at Playa Blanca. The median diverter along with the left-turn pocket shall be designed in a manner consistent with Figure

4.12.A. The median diverter shall be submitted for review and approved by the City Traffic Engineer prior to the issuance of grading permits.

7. MM TRA-3 - Modification of Northbound Left-Turn Pocket on Crown Valley Parkway at Project Driveway Prior to the first certificate of occupancy and in conjunction with the installation of MM TRA-2, the northbound left-turn pocket shall be modified to provide a 100-foot left-turn lane with a transition area of 120-feet.

The modification would include restriping of the existing left-turn pocket to better accommodate queuing and high speeds along Crown Valley Parkway. The northbound left-turn pocket shall be designed in a manner consistent with Figure

4.12.A. The left-turn pocket along with the median diverter shall be submitted for review and approved by the City Traffic Engineer prior to issuance of grading permits.

8. MM TCR-1 - An archaeologist shall be retained by the Applicant to conduct cultural resources awareness training prior to any ground disturbance related to construction.

9. MM TCR-2 - An archaeological monitor shall conduct spot-check monitoring, up to 10 hours per week, during ground disturbing activities related to construction. If any artifacts are discovered, a member of the Juaneno Band of Mission Indians, Acjachemen Nation- Belardes shall be contacted immediately. The archaeologist and Acjachemen Nation shall consult to determine the nature and significance of the discovery and make recommendations to the Applicant and City for further cultural resource efforts.

10. MM TCR-3 - If human remains are encountered, State Health and Safety Code Section 7050.5 states that 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. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery.

The MLD shall complete the inspection within 48 hours of notification by the NAHC.

Resolution No. 2022-1413 Page 23
SDP 16-04 & MA 22-11 (The Cove at El Niguel)
The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

SECTION 9. CITY CLERK CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED this 5th day of December, 2022:

Elaine Gennawey, Mayor
ATTEST:

Marissa Asistin, City Clerk
Resolution No. 2022-1413 Page 24
SDP 16-04 & MA 22-11 (The Cove at El Niguel)

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

LAGUNA NIGUEL )
I, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Resolution No. 2022-1413 which was adopted at a special meeting of the City Council of the City of Laguna Niguel, California, held on December 5, 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk

ATTACHMENT E
Slope Inclinometer Report, David H. Lee &
Associates, November 27, 2022
DAVID H. LEE & ASSOCIATES, INC.

GEOTECHNICAL ENGINEERING → ENGINEERING GEOLOGY
November 27, 2022
DHLA Niguel Summit Community Association
% The Law Offices of Rutan and Tucker
18575 Jamboree Road, gth Floor
DAVO. LEF & ASSOCIATES Irvine, CA 92612
Say Buness Adureis Submitted by Electronic Mail
23011 Mouiten Fariway [email protected]
Site D 17
Lagina Hill Caircen
92453 Attn: Mr. Patrick Munoz, Esquire
Phone: 948461-5690 DHLA Project 15.028.05
Fas 949-461-7901 SUBJECT:

Installed

CANINES CAR RU CHE
Ladies and Gentlemen of the Board and Mr. Munoz:

This report presents the results of our sixth set of slope indicator readings for the nineteen slope inclinometer casings and four of the five open standpipe piezometers installed in and adjacent to the subject landslide stabilization area.

EXECUTIVE SUMMARY
This sixth monitoring report provides our current readings of the slope inclinometer casings installed in the subject landslide stabilization area. All but four of the casings are not presently exhibiting creep-associated movement. Four of the casings, AGI-25, -26, -27, and -30 are displaying creep movement that, in the case of AGI-27, has approached about one-quarter-inch per year.

Although American Geotechnical Inc. (AGI) acknowledges that creep is ongoing within the landslide stabilization, they note that there will be no damage to the new, planned residential structures. The present creep rates shown in these lower inclinometers indicate that ongoing creep will damage rear-yard appurtenances and ultimately the structures themselves.

PURPOSE
The purpose of the readings was to establish if the slope indicator casings have experienced movement above the instrument accuracy limits since the new baseline was established by our firm in 2015.

For the prior 17 (‡) years the slope inclinometers appear to have been read on a roughly yearly cycle up to 2005 and were not then read again until 2011. Readings thereafter were also taken by the previous consultant, American Geotechnical Inc (AGI), in 2012 and https://dhla-my.sharepoint.com/personal/davidh1_dhla_com/Documents/PUBLIC/PROJECTS/15.028.05 VIA ESTORIL MONITORING REPORT #6/REPORT/15.028. 05_MONITORING_REPORT_NO 6. doC»