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Resolution Number 01-11-06-02RESOLUTION NO. 01-11-06-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING ISSUANCE OFA MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING TENTATIVE TRACT MAP 16168, AND FLOOD PLAIN LAND USE PERMIT 01-01. THE PROJECT SITE IS A 1.0 ACRE PARCEL LOCATED AT 32532 ALIPAZ STREET MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-171-19. (VILLAGE ALIPAZ, LLC). Whereas, the applicant, Village Alipaz, LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612 has requested approval of a Tentative Tract Map (TTM) to subdivide a 1.0 acre parcel into four single family residential lots; 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 reviewed the project, and caused an initial study to be prepared pursuant to Section 15063 of the CEQA Guidelines and, pursuant to Section 15070 of the CEQA Guidelines, has issued a mitigated negative declaration and caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission considered the Environmental Review Board's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission conducted a duly noticed public hearing on September 11, 2001 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project; and, Whereas, the Planning Commission did not forward a recommendation on the Negative Declaration nor the Tentative Tract Map; and, Whereas, the City Council at its meeting of November 6, 2001 conducted a duly noticed public hearing pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element which designates the property as "MHD, Medium High Density Residential" (5-8.0 du/acre), and the project proposes four (4) lots with a density value of 4.0 du/acre; and, - 1 - The project design and improvements of the proposed subdivision are consistent with the applicable General Plan and Specific Plans (including Title 9, Land Use Code),subject to conditions of approval contained in this resolution; and, 3. The proposed project complies with all applicable provisions of Article 4 of Title 9 "Subdivision Regulations" with respect to street design, grading, storm water management, water facilities, and park dedication subject to the conditions of approval contained in this resolution; and, 4. The project site is physically suitable for the proposed type and density of development; and, The proposed project complies with all applicable provisions of the California Environmental Quality Act (CEQA), in that the City prepared an initial study and issued a negative declaration which determined that the subdivision and proposed improvements will not cause substantial environmental damage nor will they substantially and avoidably injure fish or wildlife or their habitat.; and, 6. The design of the subdivision and the type of improvements will not cause serious public health problems; and, 7. The design of the subdivision or associated improvements will not conflict with any associated easements; and, 8. The design of the subdivision or improvements associated with the project will not interfere with the maintenance or preservation of any historical sites; and, 9. The proposal complies with all of the provisions of Title 9, of the Land Use Code with regards to the development standards for the PD (Planned Development) zone district established within CDP 99-01. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby confirm approval of a negative declaration and approves Tentative Tract Map 16168 and Flood Plain Land Use Permit 01-01, subject to the following conditions of approval: Planning Conditions of Approval 1. Expiration of Approval - In accordance with the California Subdivision Map Act, this tentative parcel map shall expire 24 months from the date of tentative map approval. 2. Home Warranty - The provisions of Title 8, Chapter 9 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project area, three (3) or more dwelling -2- units not previously occupied for residential purposes during any twelve (12) month period. 3. CC&R's - A set of conditions, covenants and restrictions (CC&R's) shall be prepared and implemented for the project. The CC&R's shall be approved by the Planning Director and City Attorney prior to final map approval and will include at a minimum: a. Specifications and responsibility for maintenance of the private street and landscaping within the access and utility easements. b. Prohibited parking along the entire length of the 25 foot ingress/ egress easement referred to as Lot A. C. Incorporation of the site with Tracts 15858 and 15998 (Village Alipaz) 4. Proposed Road Access - The private access easement shall be designated "No Parking" to maintain adequate fire access. This condition shall also be incorporated into the project's CC&R's. 5. Grading Plan - Prior to issuance of grading permits, the applicant shall lower the pad elevation for lots 2, 3, and 4 to 69.0 feet above sea level, consistent with the existing pad elevations of Tract 15998. Subject to verification from FIA that the proposed final pad elevation is above the flood zone, and final review and approval by the City Engineer. A final grading plan for the project shall be approved by the Planning Director prior to issuance of grading permits. 6. Turn -Around Access Easement - Prior to final map approval the applicant shall incorporate Solid Waste Collection access over the ingress/ egress easement. 7. Recycling - The applicant shall recycle debris from construction and development of the proposed lots in accordance with San Juan Capistrano Municipal Code Section 9-3.629. 8. Parks and Recreation In -Lieu Fees - Based on the provisions of the City Council -adopted fee resolution, the project is required to pay $4,840.00 per unit. Prior to final map approval, the project will pay in -lieu fees per the currently adopted fee resolution. Said fee to be paid at final map review, pursuant to section 9-4.305(b) of the Municipal Code. 9. Landscape Plans - Landscape plans for the common slopes and parkway areas shall be reviewed and approved by the Planning Commission prior to approval of a final map by the City Council. -3- Engineering Conditions of Aaaroval PRIOR TO FINAL MAP APPROVAL 1. Compliance. The Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). 2. Pay Fees and Post Sureties. The applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code, Section 9-2.316, the Capistrano Valley Water District Schedules of Rates and Charges, as last revised, and post securities to insure satisfaction performance of proposed grading, drainage, erosion and sediment control, sewer, water, street and all appurtenant improvements. (Engr.). 3. Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title — Search Report (Engr.). 4. Easement Dedication. The Applicant shall dedicate, to the City and to the Water District respectively, the sewer and water main facilities, within the appropriate easements. 5. CC&R's. The applicant shall submit for review and obtain approval of the City's Planning Director, for Recorded Documentation which confirms the annexation of Tract 16168 to the Covenants, Conditions and Restrictions (CC&R's) for Village Alipaz Tracts 15858 and 15998 (Engr.). 6. Home owners Association(HOA) Maintained Improvements. The applicant shall indicate on this Final Tract Map 16168 that the proposed private street, within the interior of this subdivision, as well as any landscaped common areas along Lot "B" (the project's rear slope), shall be maintained by the Common Master Home Owners Association, which includes Tract 15858 and Tract 15998 (Engr.). 7. American Land Title Agency(ALTA) Plotted Map. The applicant shall submit to the City Engineer an ALTA plotted map prepared by a Registered Civil Engineer/Land Surveyor describing and showing all existing encumbrances affecting the property. All applicable and proposed easement — shall be shown and described on the Final Map (Engr.). -4- 8. Access to Lot C. The applicant shall submit to the City Engineer, for review and obtain approval for, all necessary recorded documentation verifying the access rights to the water well (lot "C) through lot "A" 9. Post Bond/Provide Securities. The applicant shall submit to the City Engineer and City Attorney for their review and obtain approval for, performance bonds/sureties for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer. Said bonds shall be for each, but not limited to, street improvements and monumentation, sewer, water, and landscaping and irrigation. In addition, the applicant shall provide labor and material bonds/sureties, for 100% of the above estimated improvement costs, as determined by the City Engineer (Engr.). 10. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. the applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a PXF format. All Digital Submissions shall conform to the latest edition of 11. Soils/Geology Report. The applicant shall submit to the City Engineer and Building Official for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). 12. Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including but not limited to curb and gutter, sidewalk, street signs(No parking all along Lot "A"), street lights, storm drain, sewer and water(Engr.). 13. Grading Plans. The applicant shall submit to the City Engineer and Building Official for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer or Architect. These plans shall show the limits of grading, the drainage, sewer, water and driveways improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. Unless determined -5- otherwise by the City Engineer, all drainage/runoff must be conveyed to the street or to a City approved drainage facility at the applicant's cost (Engr.). 14. Erosion and Sediment Control. The applicant shall submit to the City Engineer and Building Official for their review and obtain approval for Erosion/Sediment Control Plans prepared by a Registered Civil Engineer. These plans shall show, by using Best Management Practices(BMP's), all temporary and/or permanent erosion/sediment control mitigation and devices needed to properly control the runoff and contain silt and debris. Additionally, proper precautions shall be taken to prevent public trespass onto certain areas where impounded water and construction debris may create a hazardous condition (Engr.). 15. Drainage. The City Engineer, upon reviewing the grading plans, may determine that concentrated runoff conveyed by this project onto adjacent downstream properties would require certain off-site improvement to existing drainage facilities, the applicant shall then submit to the City Engineer for review and obtain approval for a Drainage Plan specific to the project which reflects consistency with the City's Drainage Master Plan. This plan shall show locations of all existing and proposed facilities. Any proposed improvements shall be constructed by the applicant and at applicant's cost(Engr.). 16. Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for a Site Plan prepared by a Registered Civil Engineer showing the sewer and water service lines and their corresponding points of connection with the City public main lines. All on-site water facilities behind the water meter shall be privately owned and maintained, including any applicable fire protection system. The plan shall be specific to the project which reflects consistency with the City's sewer standard plans and specifications and the Capistrano Valley Water District standard specifications. Any water easement dedication, if applicable, shall comply with the Capistrano Valley Water District rules and regulations. (Engr.). 17. NPDES and Clean Water Act of 1990 Compliance. The applicant shall submit to the City Engineer for review and obtain approval for a Water Quality management Plan (WQMP)/Erosion and Sediment Control Plans, specifically identifying structural and non-structural Best Management Practices (BMP's), that will be used on-site to control predictable pollutant runoff (Engr.). 18. Submit Haul Route Plan. For importation/exportation of soil in excess of fifty cubic yards, in and out of the project site, the applicant shall submit to the City Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards (Engr.). 19. Obtain Haul Route Permit. For importation/exportation of soil in excess of fifty cubic yards, in and out of the project site, the applicant shall submit a permit application, provide security deposit and obtain a Haul Route Permit from the Engineering Division which will specify the dates and times and head ways for hauling activities (Engr.). 20. Dry Utilities (Elect.. Telephone. Cable TV, Gas). The applicant shall submit to the City Engineer, for review and obtain approval for, Electrical, Gas, Telephone and Cable Television Installation Plans to ensure proper utility under grounding and compatibility with existing and proposed improvements (Engr.). PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 21. Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all required and necessary facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). 22. Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES 23. Provide As -Built Mylars/Digital Format. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Also, upon request from the City Engineer, the applicant shall submit digital copies of all " As Built' plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards (Engr.). 1WR Orange County Fire Authority Conditions of Approval 1. FIRE HYDRANTS a._ Prior to the recordation of a subdivision map, the applicant shall submit a fire hydrant location plan for the review and approval of the Fire Chief. 2. WATER AVAILABILITY a._ Prior to issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. AUTOMATIC FIRE SPRINKLER SYSTEMS a. Prior to the recordation of a subdivision map, a note shall be placed on the map; all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 3. FIRE ACCESS ROADS a. Prior to the recordation of a subdivision map, the applicant shall obtain approval of the Fire Chief forall fire protection easements and shall dedicate them to the County. b. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets, and courts, public or private, from the Fire Chief in consultation with the City Staff. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC & R's, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Street Signs. A note shall be placed on the fire protection access easement plan indicating that all street/ road signs shall be designed and maintained WE to be either internally or externally illuminated in a manner meeting approval of the Fire Chief. 4. STREET MARKINGS a. Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signs. A drawing of the proposed signs with the height, stroke and color of lettering and the contrasting background color shall be submitted to, and approved by the Fire Chief. b. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. 5. COMBUSTIBLE CONSTRUCTION LETTER a._ Priorto issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire -fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Approval shall be subject to an on-site inspection prior to the issuance of a building permit. PASSED, APPROVED AND ADOPTED this 6th day of November, 2001. K. Monahan, Gdy Uerk Wyatt art, Mayor me 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. 01-11-06-02 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 6th day of November 2001, by the following vote: AYES: COUNCIL MEMBERS: Gelff, Swerdlin and Mayor Hart NOES COUNCIL MEMBERS: Bathgate, Campbell ABSTAIN: COUNCIL MEMBERS: None 12 ' M R ARET R. MONAHAN, City Clerk