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Resolution Number 01-8-7-9RESOLUTION NO. 01-8-7- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REVISION TO THE SOUTH PROJECT BOUNDARY WALL BETWEEN VILLAGE ALIPAZ AND THE RANCHO DEL AVION MOBILE HOME PARK LOCATED ON THE EAST SIDE OFALIPAZSTREET, ANDAPPROVALOFA LICENSE AGREEMENT FOR THE PLACEMENT OF ATWO FOOT HIGH PLANNER WALL WITHIN THE PUBLIC RIGHT-OF-WAY FOR ALIPAZ STREET (KB HOMES) Whereas, the City Council on May 16, 2000, approved a boundary wall design that included a two foot off -set from the retaining wall for those lots that were adjacent to the Rancho Del Avion Mobile Home Park due to the presence of a ten foot wide road access easement that served an existing wall well site; and, Whereas, subsequent to the action of the City Council, the applicant has acquired the road access easement and through an agreement is providing an alternate access easement through Tract 15998 to serve the well site; and, Whereas, the applicant has submitted a request for a revision to the previously approved wall design to delete the two foot off -set and provide for those lots within the Rancho Del Avion Mobile Home Park to extend their yard fences to incorporate the vacated road access easement; and, Whereas, the applicant has also submitted a request to allow a two foot high planter wall to be located within the landscape area of the public right-of-way for Alipaz Street to create an enhanced planter area at the northwest corner of the project where it intersects with the Rancho Del Avion Mobile Home Park; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class 3 categorical exemption, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, Whereas, the City Council considered the requests at its meeting of August 7, 2001. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: The proposed project and its overall design remain consistent with the policies and objectives of the San Juan Capistrano General Plan; and, The proposed project complies with all applicable provisions of the Land Use Code and conditions cited by this resolution; and, 3. The negative visual environment will be deleted, by the removal of the easement road and extension and integration of fences by the owners of lots in the mobile home park; and, 4. The stepped wall at the current intersection of the project boundary will be retained and planted with trees. In making this finding it should be noted that the developer increased the off -set from two feet to five feet at this interface in orderto incorporate tree planting at this corner; and, 5. Extension of the fences by the mobile home park to the retaining wall location will delete a potential trash collection area or area for unauthorized individuals to trespass; and, 6. The low planter wall within the public right-of-way will result in the planting of more effective landscape plants to screen the adjacent retaining wall. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby authorize the execution of a license agreement for a two foo high planterwall within the right-of-way forAlipaz Street and hereby approves the revision to the south boundary wall design for Tract 15998 subject to the following: Conditions of Approval The developer shall be response for processing a lot line adjustment that will remove the access easement for the private well site and transfer clear title to the adjoining parties; and, 2. The developer shall construct an extension of the boundary wall for Rancho Del Avion Mobile Home Park to connect with the existing wall for Village Alipaz adjacent to Alipaz Street. The area between the sidewalk and wall extension shall be landscaped by the developer. Attest: 24 PASSED, APPROVED AND ADOPTED this 7`" day of August 2001. Monahan, City Clerk Wyalp rt, Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 01-8-7-9 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 7th day of August 2001, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Bathgate, Gelff, Swerdlin and Mayor Hart None None None v l� MAR A ET R. MONAHAN, City Clerk