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PC Resolution-16-06-14-02PC RESOLUTION NO.16-06-14-2 TENTATIVE PARCEL MAP (TPM)2003-142 (15-001) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO,CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP (TPM)2013-142 (15-001)TO CREATE 2 LOTS THAT ENCOMPASS 2.17 ACRES LOCATED AT THE TERMINUS OF VALLE ROAD (FORSTER RANCH ROAD)(APN 675-331-02)(ANVARI ASSOCIATES CORPORATION AND CULVER CAPITAL,LLC) Whereas,Anvari Associates Corporation and Culver Capital,LLC, Shahram Anvari, PO Box 6935, Laguna Beach, CA 92607 (the "Applicant"),has requested approval of Tentative Parcel Map 2003-142 (15-001),Forster Estates to create 2 lots that encompass 2.17 acres in the existing McCracken Hill residential community,located along the east side of Forster Ranch Road about 200 feet south of the McCracken Hill gated entry; which is General Plan-designated 2.1 Low Density (1-2 DU/AC)and classified as "SP/PP"(Specific Plan/Precise Plan) on the Official Zoning Map (the "Project");and, Whereas,Anvari Associates Corporation and Culver Capital,LLC, Shahram Anvari,PO Box 6935,Laguna Beach,CA 92607,are the owners of real property located at APN 675-331-02;and, Whereas,the proposed project has been processed pursuant to Section 9-2.301,Development Review of the Land Use Code;and, Whereas,the Environmental Administrator has determined that the project is Categorically Exempt from further review pursuant to State CEQA Guidelines (Cal. Code Regs.,§§15000 et seq.)section 15303 (Class 3, "New Construction of Small Structures") and that none ofthe exceptions to the application ofcategorical exemptions apply;and, Whereas,the Planning Commission conducted a duly-noticed public hearing on June 14, 2016 pursuant to Title 9,Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED,that the Planning Commission of the City of San Juan Capistrano does hereby find that the project is Categorically Exempt from further review pursuant to State CEQAGuidelines Sections,15303. The project is exempt pursuant to State CEQA Guidelines section 15303 ("New Construction of Small Structures"),because the project will result in the development of onlytwo single-family residences,such development would be located within a residential land use designation (2.1 Low Density Residential and SP/PP), and PC Resolution 16-06-14-2 2 June 14,2016 would occur in an urbanized area (the project site is surrounded on three sides by residential development and on one sideby office park development). The Planning Commission also finds that none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines section 15300.2 apply.The project siteis not located in a particularly sensitive environment,thereisno potential for cumulative impacts from successive projects in the same location,there are no unusual circumstances, the project is not located within an officially designated scenic highway, there is no record of hazardous waste on the property,and the project has no potential to impact historic resources,as the site is currently vacant. NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-4.223 of Title9, Land Use Code of the Cityof San Juan Capistrano: 1)The proposed map is consistent with the maps and policies of the General Plan and any applicable specific plan or comprehensive development plan, specifically the Land Use Element because the project does not propose changes to the existing Low Density (LD)land use which allows,"the development oflow density single family dwellings and accessory buildings.Uses such as mobile and modular homes,second single-family units,guest houses,public facilities,and others which are compatible with and oriented toward serving the needs of low density single-family neighborhoods may also be allowed.";and because the proposed project proposes residential use and a density of 1(one)dwelling unit per acre and where the Element could allow up to a maximum of 2 dwelling units per gross acre.Furthermore,the proposed project complies with the McCracken Hill Specific Plan because the proposed lot sizes range from 44,430 square feet to 50,094 square feet,and where the Specific Plan minimum lot size is 20,000 square feet;and because the project conforms with subsection 1(c) of the Specific Plan's Purpose and Intent,"provide for regulating land uses and development consistent with the low-density,hillside-oriented,residential character ofthe McCracken Hill neighborhood." 2)The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the project contains an existing improved access to each proposed lot, which is consistent with the General Plan and applicable standards;and the project conforms with the minimum lot size of 20,000 square feet and minimum frontage of 90 feet,as identified in the McCracken Hill Specific Plan (SP 02-01); and the project conforms with subsection 1(c) of the Specific Plan's Purpose and Intent,"provide forregulatingland uses and development consistent with the low- density,hillside-oriented,residential character of the McCracken Hill neighborhood." 3) The site is physically suitable for the type of development because the existing project site allows for development of single-family and accessory buildings, the site directly fronts and has access to Forster Ranch Road;and future PC Resolution 16-06-14-2 3 June 14,2016 development of the lots will be required to comply with the development standards of the Specific Plan and the City's Municipal Code,specifically the Section 9-2.323, Grading Plan Review and Modification. 4) The site is physically suitable for the proposed density of development because the site is served by public water,public sewer, and other necessary public services (i.e.electricity,natural gas, and telephone);and development ofthe site will be required to comply with the development standards of the Specific Plan and the City's Municipal Code,specifically the Section 9-2.323,Grading Plan Review and Modification.Development of the site will require grading and such activities will be subject to future discretionary review per this Section; and compliance with Condition of Approval #2.1. 5)The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the proposed Tentative Parcel Map is not located within or adjacent to an area that contains wildlife or habitat.The project site exist is currently vacant,undeveloped lot;and does not have any direct connections to open areas,or wildlife corridors,neither of which are located in the vicinity of the site.Therefore the proposed map and proposed improvements will not cause substantial environmental damage,nor substantially and avoidably injure fish or wildlife or their habitat. 6)The design of the subdivision or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of,property within the proposed subdivision because the proposed Tentative Parcel Map will not result in physical alterations to the existing access,easements or existing public access.All existing road and utility easements will be protected in-place and will not be altered by the proposed Tentative Parcel Map. NOW,THEREFORE,BE IT FURTHER RESOLVED,that the Planning Commission of the City of San Juan Capistrano hereby recommends approval by the City Council ofthe projectsubject to those conditionsof approval established by Exhibit A,attached hereto and incorporated herein. NOTICE OF EXEMPTION:Planning Commission recommends that City Council direct staff to prepare and file with the County Clerk's office a Notice of Exemption within5 days of the approval of the Project. CUSTODIAN OF RECORDS:The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall,32400 Paseo Adelanto,San Juan Capistrano,California 92675. The Acting Development Services Director is the custodian of the record of proceedings. PROTEST OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS:Pursuant to Government Code Section 66020,the applicant may protest the imposition of fees,dedications,reservations or other exactions imposed on this PC Resolution 16-06-14-2 4 .June 14.2016 development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 ofthe California Government Code. PASSED,APPROVED AND ADOPTED this 14th day of June,2016. Marl/Speros,Chairman gio ma,AICP,/Sergio Wofz,AICP,Assistant Director Secretary EXHIBIT A PC RESOLUTION NO.16-06-14-2 CONDITIONS OF APPROVAL PROJECT LOG #:Tentative Parcel Map (TPM)2003-142 (15-001) PROJECT NAME:Forster Estates (Shahram Anvari) APPROVAL DATE: These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions,the term "applicant" shall also mean the developer,the owner or any successor(s)in interest to the terms of this approval.These conditions are organized by chronological order in the development process as well as responsible City Department.The responsible department is noted in parenthesis after each condition. GENERAL CONDITIONS: A.Project Plans.The subject project proposes a tentative parcel map to create 2 lots for the development of single-family detached homes on an existing 2.17 acre parcel located at the terminus of Valle Road (Forster Ranch Road)(APN 675-331-02)(Anvari Associates Corporation and Culver Capital,LLC).This project approval is based on and subject to the application materials prepared by CA Engineering,Inc.(Engineers);including the site plan (Tentative Parcel Map). These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein,and shall not be further altered unless reviewed and approved pursuant to Article 9-2.301, Development Review Procedures of Title 9,Land Use Code. B. Compliance With Outside Requirements.Approval of this application does not relieve the applicant/subdivider from complying with other applicable Federal, State, Countyor City regulationsor requirements. To the extent not precluded by Government Code Section 65961, the applicant/subdivider shall comply with all requirements of the City of San Juan Capistrano Municipal Code, all requirements of City ordinances,resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. C. Signed Plans.All plans, specifications, studies, reports, calculations, maps, notes,legal documents,and designs shall be prepared,stamped and signed, when required,only by those individuals legally authorized to do so. D. Legal Defense.The applicant/subdivider, its agents,successors,and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees,and its contract consultants,from any claim, action or proceeding to attack,set aside,void, or annul any land use Forster Estates Final Conditions of Approval Tentative ParcelMao (TPM)2003-142 (15-001)Page 2 of4 approval associated with this project,including but not limited to environmental impact report requirements under CEQA,rezoning approvals,subdivision map approvals,or other applicable City Municipal Code Title 9 land use approvals. Upon notice provided by City to the applicant/subdivider,its agents, successors, or assignees,of service of process of such claims or actions, the project proponent,its agents, and assignees,shall immediately act to provide an appropriate defense to such claims or actions.The applicant/subdivider shall consult with the City Attorney regardingappropriate defense counsel inthe event of the filing of such claims or actions. (DSD) E. Discrepancy Clause.In the event that exhibits and written conditions are inconsistent,the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase,the conditions and/or plans as stipulated in the later approval shall prevail. F.Fees.The applicant/subdivider shall pay all fees at the time fees are determined payable and comply with all requirements of the City of San Juan Capistrano Municipal Code Section 9.5.101 and applicable federal,state,and local agencies.The duty of inquiry as to such requirements shall be upon the applicant. G.Encroachment Permit.An Encroachment Permit is required for a Haul Route for any import/export of earth material in excess of fifty (50)cubic yards to or from the site.Submit the Haul Route for review and approval by the City Engineer.An Encroachment Permit is required for work and construction-related activities in the public right-of-way.These include truck hauling, traffic control, site ingress and egress,hours of operation in the right-of-way,street cleaning,etc. 1.THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY FINAL MAP: 1.1 Easements/Final Map.All easements for storm drain,utilities,reciprocal access shall be shown on the map prior to approval of the Final Map. The Final Map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized bythe CityCouncil and/or Planning Commission.(PW&UD) 1.2 Dedications and Maintenance Responsibility.The applicant/subdivider shall indicate on the Final Map, to the satisfaction of the City Engineer and Public Works and Utilities Assistant Directors, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities.(PW&UD) 1.3 Dedication of Water Rights.The applicant/developer shall dedicate on the Final Map, at no cost to the City,all public water facilities,water rights,and all required easements to the City. (PW&UD) 1.4 Submission of Digital Map.The applicant/subdivider shall submit for review,and shall obtain approval from the Orange County surveyor,of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991.The applicant/subdivider shall pay for all cost of said digital submittal, including Forster Estates Final Conditions of Approval Tentative Parcel Map (TPM)2003-142 (15-001)Page3of4 supplying digital copies tothe City,of the final County Surveyor approved digital map in DXF format.In addition,the applicant/subdivider shall provide the City with digitized copies ofallimprovement plans.(PW&UD) 1.5 Mvlar of Final Map.The applicant/subdivider shall submit to the City Engineer a reproducible copy/mylar of the project's recorded final map. The applicant shall also submit for review,and shall obtain approval of,the Orange County surveyor ofa digital Map pursuantto Orange County Ordinance 3809ofJanuary 28,1991. The applicant shall payfor all costs of said digital submittal,including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format.All Digital Submissions shall conformto the latest edition ofthe City of San Juan Capistrano DigitalSubmission Standards.(PW&UD) 2.THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO SUBMITTAL INTO BUILDING PLAN CHECK: 2.1 Grading Plan Modification.The applicant shall submit a Grading plan Modification application for each lot, to the Development Services Department pursuant to Municipal Code Section 9-2.323,Grading Plan Review and Modification (DSD). 3.THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF A GRADING PERMIT: 3.1 Grading Plan/Technical Review.Per Section 9-4.207 of Municipal Code,the following reports,maps,and information are necessary to meet the requirements of the Subdivision Code.These information and engineering analyses are required to ensure the parcel can be built per submitted map.The updated analyses/reports may lead to significant changes to the initial plan or inability to develop the parcel as currently presented.(PW&UD) •Provide final Grading Plan and show earthwork quantities estimates in cubic yards for amounts of cuts,fill,over-excavation,import,and export. • Provide final geotechnical report with wet ink signatures (Report or addendum letter cannot be over one (1)year old). •Provide Site Plan to depict,note,and dimension the approximate location for all existing and proposed wet and dry utilities (i.e.electric,gas,water,storm drain,fire,sewer). •Provide Utility Plan to depict,note,and dimension the approximate location for all existing and new wet and dry utilities (i.e.electric,gas,water,storm drain, fire,sewer). •Provide Drainage Plan to show or explain the drainage area tributary to the site and include a statement setting forth in detail the manner in which storm water runoff will enter the site,the manner in which it will be carried through the site,and the manner in which disposal beyond the site boundaries be accomplished. •Provide Erosion and Sediment Control Plans (ESCP)including backup calculations and data.ESCP should be part of the grading plan set. •Provide Water Quality Management Plan (WQMP) or the BMP Exhibit (Site Plan)from a previously-approved WQMP for the project. •Provide retaining wall calculations,if applicable. FotstsrEststGS Tentative Parcel Map (TPM)2003-142 (15-0011 FinalConditionsofApproval Page 4 of4 Provide engineer cost estimate for and off-siteimprovement plans, ifapplicable Provide existing and proposed pervious squarefeet). Also show proposed disturbed Provide an updated Title Report. Provide final hydrology and hydraulic s Geotechnical report is required to offsite impacts to the proposed water and horizontally,and to provide remed The requested geotechnical update geotechnical consultant prior to approval Obtain Orange County Fire Authority Pay all applicable water and sewer giading,erosion/sediment control BMPs, and impervious area calculations (in area quantity (in squarefeet). nalyses/report. stability the Valle Road and potential $nd sewer improvements,both vertically al recommendation ifnecessary. needs to be reviewed by the City by the City. demands requirements, fees. assess niport fre impact 3.2 Fire Master Plan.Obtain approval ofa Fife Master Planfrom the Orange County Fire Authority (OCFA)(DSD-B&S) Responsible Departments/Agencies:DSD: DSD-B&S: PW&UD: OCFA: Applicant Acceptance ofConditions ofApproval: jef <Vi Signature of (name &title) Development Services Department [ SD Building &Safety Division Public Works and Utilities Department ()range County Fire Authority tj-b/z&ICr Date Forster Estates Final Conditions ofApproval TentativeParcel Map (TPM)2003-142 (15-001)Page 4 of 4 • Provide engineer cost estimate for grading,erosion/sediment control BMPs, and off-site improvement plans,ifapplicable. •Provide existing and proposed pervious and impervious area calculations (in square feet). Also show proposed disturbed area quantity (in square feet). •Provide an updated Title Report. •Provide final hydrology and hydraulic analyses/report. •Geotechnical report is required to assess stability the Valle Road and potential offsite impacts to the proposed water and sewer improvements,both vertically and horizontally,and to provide remedial recommendation if necessary. •The requested geotechnical update report needs to be reviewed by the City geotechnical consultant prior to approval by the City. •Obtain Orange County Fire Authority fire demands requirements. •Pay all applicable water and sewer impact fees. 3.2 Fire Master Plan. Obtain approval of a Fire Master Plan from the Orange County Fire Authority (OCFA)(DSD-B&S) Responsible Departments/Agencies:DSD:Development Services Department DSD-B&S: DSD Building &Safety Division PW&UD:Public Works and Utilities Department OCFA:Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Signature of (name &title)Date