Resolution Number 00-2-1-714S
RESOLUTION NO. 00-2-1-7
CERTIFYING NEGATIVE DECLARATION AND APPROVING
TENTATIVE PARCEL MAP 89-393 (PEDICINI)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION
AND APPROVING A FOUR -LOT TENTATIVE PARCEL MAP FOR A
2.0 -ACRE PARCEL LOCATED AT 29192 COUNTRY HILLS ROAD AND
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER
650-302-12 & 14. (PEDICINI)
WHEREAS, the applicant, John Pedicini, 350 East 17th Street, #116, Costa
Mesa, CA. 92627 has requested approval of a tentative parcel map to subdivide an existing
2.0 -acre parcel into four (4) residential lots ranging in area from 20,000 to 20,890 square
feet; and, to include a thirty -five -foot -wide (35') access and utility easement across lots 1-3.
The project site is located at 29192 Country Hills Road which is Genera( Plan -designated
1.2, Low Density Residential" and classified as "70RS20,000" on the Official Zoning Map;
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, pursuantto Section 15070 of the CEQA Guidelines, has issued a 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 has considered the Environmental
Review Board's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and, did forward a recommendation of approval of a Negative
Declaration to the City Council for their approval; and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on January 11, 2000 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project, and did forward the proposed Tentative
Parcel Map to the City Council for their approval; and,
WHEREAS, The City Council conducted a duly noticed public hearing on
February 1, 2000 pursuant to Section 9-2.313 of the Municipal Code to consider testimony
of 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:
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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 1.2, Low Density Residential' (2.0 du/acre) which would allow a
maximum of four (4) single family residential lots on the property, and the project
proposes four (4) lots; and,
2. The proposed project complies with all applicable provisions of the Land Use Code
and specifically Section 9-3.424, Development Standards for the "70RS20,000"
(Single Family Residential) zone district 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,
5. 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 General Plan Land Use Element designates the land as "1.2 Low Density
Residential', and no further subdivision is possible without amendment of the
General Plan.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby certify a negative declaration and approves Tentative Parcel Map
89-393, subject to the following conditions of approval:
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CONDITIONS OF APPROVAL
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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 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 35' (foot) access easement.
b. The prohibition of radio or television antennas projecting above any roof
eaves (pursuant to Section 9-3.609 of the Municipal Code).
C. Prohibited parking along the entire length of the 25' (foot) access road.
d. Architectural design standards which define and require architectural design
and front elevation building massing that harmonizes with the adjacent
neighborhood.
4. Water- Water transmission and distribution facilities shall be designed, constructed,
and dedicated in accordance with Section 9-4.109 of the Municipal Code and the
requirements of Orange County Waterworks District No.4. Such distribution
facilities and appurtenances shall be approved by the County Fire Marshall prior to
issuance of building permits.
5. Utility Lines - Sewer and water lines shall extend from Country Hills Road to the
north property line of Parcel .
6. Proposed Road Access - The private driveway easement shall be designated "No
Parking" to maintain adequate fire access. This condition shall also be incorporated
into the project's CC&R's.
7. Grading Plan - A final grading plan for the project shall be approved by the
Environmental Review Board prior to issuance of grading permits.
8. Landscape Plan - A landscape plan for the project shall be approved by the
Planning Director prior to final map approval. The landscape plan shall include the
following:
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a. Designate all proposed plant material adjacent to Country Hills Road and
access drive. The species and size of plant material shall be specified.
b. Trees proposed adjacent to Country Hills Road and access drive shall have
root barriers, deep watering systems, and be of drought tolerant material.
Cross section of tree planting shall be incorporated on plan.
C. Existing trees shall be shown on plan, including their size and species. All
existing trees to be removed shall be indicated.
9. Landscape Installation - Erosion control landscaping for all manufactured slopes
shall be installed immediately after the certification of rough grading by the City.
Landscaping within access easement shall be installed prior to issuance of any
Certificates of Occupancy.
10. Vehicle Access - The improved 25' (foot) wide access road serving parcels 1,2, and
3 shall not be barricaded or developed in any way that will impair access rights of
adjoining property owners.
11. Fees and Permits - All required development fees shall be paid prior to approval of
a final map. Building and grading plan check and permit fees shall be paid prior to
issuance of the applicable permit. No work may be started prior to issuance of an
applicable permit by the City Building Official.
12. Restrictions of Further Subdivision of Property - Due to the design of the tentative
parcel map, no further subdivisions can be accommodated without amendment of
the General Plan. Deed restrictions shall be recorded over each lot concurrently with
recordation of final map in favor of the City of San Juan Capistrano prohibiting
further subdivisions of the subject property.
13. Access Road - The Access road shall be designed and constructed in accordance
with Section 9-4.103 of the Municipal Code and requirements of the City of San
Juan Capistrano Building and Engineering Department.
14. Turn -Around Access Easement - The applicant shall incorporate Solid Waste
Collection access, along with Fire Department access for the proposed 40' by 25'
easement to be located on lot 1.
15. 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.
Engineering Conditions of Approval
Prior to Final Map Approval by City Council
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a. Compliance. The Tract/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.).
b. Pay Fees. The applicant shall fulfill all applicable fee requirements in
accordance with the City Municipal Code, Section 9-2.316 and post
securities to insure satisfaction performance (Engr.).
C. 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.).
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
gty of the final County Surveyor approved digital map in a .DXF format. In
addition, the applicant shall provide digital copies of all improvement plans
and as-builts in the digital format.
2. Prior to Issuance of Grading, And/or Building, And/or Right-of-way Improvement
Permits
a. Submit Mylar of Final Map. The applicant shall submit to the City Engineer
a reproducible copy/mylar of the project's recorded Final Map (Engr.).
b. Storm Runoff, Hydraulic/hydrology Calculations. The applicant shall submit
to the City Engineer for review and obtain approval for a Storm Runoff study
prepared by a Registered Civil Engineer showing existing and proposed
facilities, hydraulic and hydrologic calculations and the methods of draining
on-site and tributary areas without exceeding the capacity of any affected
street or facility. Said study shall be consistent with the City's Master
Drainage Plan in accordance with all applicable City regulations, OCEMA
design criteria, and standards (Engr.).
C. Permission to Grade from Neighbor. The applicant shall submit to the City
Engineer and to the Building and Safety Manager, for any necessitated off-
site grading, a notarized written permission from adjacent property owners
affected by said off-site grading (Engr.).
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Street Improvement. The applicant shall submit to the City Engineer, for
review and obtain approval for, Street Improvement Plans for the proposed
access roads, prepared by a Registered Civil Engineer. These plans shall
show all existing and proposed improvements and applicant shall have
acquired all necessary easements required in order to provide for the
construction of such City approved access road, in conformance with City
standards. (Engr.).
3. Prior to Issuance of Certificate of Occupancy
a. 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.).
Orange County Fire Authority Conditions
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.
b. Prior to the issuance of a building permit, the applicant shall submit to the
Fire Chief evidence of the on-site fire hydrant system and indicate whether
it is public or private. If the system is private, the system shall be reviewed
and approved by the Fire Chief prior to issuance of a building permit.
Provisions shall be made by the applicant for the repair and maintenance of
the system, in a manner meeting the approval of the Fire Chief.
C. Prior to issuance of any certificate of use and occupancy, all fire hydrants
shall have a blue reflective pavement marker indicating the hydrant location
on the street or drive per the Orange County Fire Authority Standard as
approved by the Fire Chief. These markers are to be maintained in good
condition by the property owner.
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.
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3. Automatic Fire Sprinkler Systems
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a. Prior to the recordation of a subdivision map, a note shall be placed on the
map stating that all multifamily residential structures; all single-family
structures exceeding 5,500 square feet; and, 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.
b. Prior to issuance of a building permit, the applicant shall submit plans for any
required automatic fire sprinkler system in any structure to the OCFA for
review and approval.
C. Prior to issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
4. Fire Access Roads
Prior to the recordation of a subdivision map, the applicant shall obtain
approval of the Fire Chief for all fire protection access 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 Manager, Subdivision and
Grading Services. 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.
C. 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 to
be either internally or externally illuminated in a manner meeting approval of
the Fire Chief.
5. 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 signage. A drawing of the proposed signage with the height,
stroke and color of lettering and the contrasting background color shall be
submitted to, and approved by the Fire Chief.
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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.
Fuel Modification
Prior to the issuance of a preliminary grading permit, the applicant shall
obtain the approval of the Fire Chief, in consultation with the Manager,
Subdivision and Grading Services, of conceptual fuel modification plan and
program.
b. Prior to issuance of any precise grading permit, the applicant shall obtain the
approval of the Fire Chief, in consultation with the Manager, Subdivision and
Grading Services, of a precise fuel modification plan and program. The plan
shall indicate the proposed means of achieving an acceptable level of risk to
structures by vegetation.
C. Prior to the issuance of a building permit, the developer shall have
completed, under the supervision of the Fire Chief, that portion of the
approved fuel modification plan determined to be necessary by the Fire Chief
before the introduction of any combustible materials into the project area. —
Approval shall be subject to on-site inspection.
d. Prior to the issuance of any certificate of use and occupancy, the fuel
modification shall be installed and completed under the supervision of the
Fire Chief. Further, the installed fuel modification plant pallet shall be
established to a degree meeting the approval of the Fire Chief. The CC&R's,
or other approved documents, shall contain provisions for maintaining the
fuel modification zones including the removal of all dead and dying
vegetation subject to triennial inspections.
PASSED, APPROVED, AND ADOPTED this 1st day of
February .2000.
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-2-1-7 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 1st day of
February , 2000, by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO SO , CITY CLERK
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