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Resolution Number 99-3-2-1RIN RESOLUTION NO. 99-3-2-1 CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 99-107 (SYCAMORE COMMONS/TMC SAN JUAN, LLC) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 99-107 (SYCAMORE COMMONS/TMC SAN JUAN, LLC) WHEREAS, the applicant, TMC San Juan LLC, Attention Michael Hall, Two Corporate Plaza Suite 200, Newport Beach, California 92660, has submitted a request for a tentative parcel map to divide an approximately 9.13 acre site located at the northeast comer of Camino Capistrano and Junipero Sera Road into three parcels; and, WHEREAS, this proposal has been reviewed in accordance with the California Environmental Quality Act (CEQA, 1970). On January 12, 1999, the City's Environmental Administrator reviewed this proposal and determined that it qualifies for issuance of a mitigated negative declaration, and all mitigation measures are included as conditions of approval in this resolution; and, _ WHEREAS, on February 9, 1999, the Planning Commission held a duly -noticed public hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, Rezone 98-4, Tentative Parcel Map 99-107 and Architectural Control 98-9 and subsequently approved Architectural Control application 98-9 and recommended the City Council confirm the mitigated negative declaration, and approve the proposed rezone application and tentative parcel map; and, WHEREAS, on March 2, 1999, the City Council held a duly -noticed public hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, Rezone 98-4 and Tentative Parcel Map 99-107. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San Juan Capistrano does hereby find that: Mitigated Negative Declaration 1. The mitigation measures contained in the mitigated negative declaration, as issued by the City's Environmental Administrator, will reduce potentially significant environmental impacts to a level of insignificance. Tentative Parcel Mau 1. The proposed map is consistent withthe General Plan in that the map has been designed to accommodate a commercial office complex which is consistent with the site's General -1- 046 Plan Land Use Designation of 1.4 (Medium Density Residential) and proposed Commercial Office Zone Designation. 2. The proposed design of the improvements of the Tentative Parcel Map are consistent with the Circulation Element of the General Plan in that the proposed plans include appropriate street frontage and right-of-way improvements, consistent with the General Plan Circulation Element. Additionally, the proposed street improvements have been designated to preserve the mature trees located on each frontage of the site, consistent with the Community Design Element of the General Plan. 3. The site is physically suited to the development in that the proposed site is a nine -acre site, with relatively level topography and a regular shape. Therefore, the site will not require extensive landform alteration or interfere with any existing significant natural landforms. 4. The proposed site is physically suitable for the proposed density of the development in that the site design accommodates the proposed commercial office complex and associated parking as required by the City's Land Use Code and still permits approximately thirty percent of the site to be developed as landscaped open area. 5. The proposed site has been previously graded and does not contain any fish or wildlife habitat. Furthermore the site is bordered by commercial development and public streets to the north, south and west and freeway right-of-way to the east, and therefore does not create the potential to adversely affect off-site fish or wildlife habitat. 6. The proposed improvements to the site, which consist of three commercial office complexes, associated parking and landscaping, do not have the potential to cause any serious public health problems. 7. The project site does not contain any public access easements and therefore the proposed development will not conflict with any easements for public use or access. 8. The project site does not contain any above -surface historic resources, not is it located in such a way that development of the site will interfere with the maintenance or preservation of nearby historic sites. Mitigation measure #5 included in this resolution, requires an archeological monitor to be present during grading operations to ensure that any sub -surface archeological resources are preserved or collected for further study. BE IT FURTHER RESOLVED, that the City Council confirms amitigated negative declaration and approves Tentative Parcel Map 99-107 subject to the following conditions and mitigation measures: 1. Prior to the issuance of a grading or improvement plan, the applicant shall fulfill the following requirements subject to approval of the City Engineer. -2- 047 — a. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City's Municipal Code Section 9-2.316 and the Capistrano Valley Water District Standard Specifications, Section 200 and shall post securities to insure satisfactory performance (Engr). b. Utility Undererounding. The applicant shall enter into an agreement with the Utility Company to underground, at no cost to the City, the overhead utility lines within the property and along its frontages (Engr). C. 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, facility or natural swale. Runoff shall not be allowed to cross properties without property authorization and recorded documentation. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, Orange County Environmental Management Agency design criteria, and standards (Engr). d. 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). e. Traffic Study. The applicant shall submit to the City Engineer for review and obtain approval for, a Traffic Feasibility Study, prepared by a Registered Traffic Engineer, which evaluates the proposed development project and mitigates its anticipated traffic impact. In compliance with the Master Plan of Arterial Highways, any off-site improvement mitigation along the frontage of the project shall be borne by this development. Said study shall be consistent with the City's Master Plan of Streets and Highways Standards, the Traffic Demand Management Ordinance and the Administrative Policy 311 (Preparation of and Use of Traffic Studies) (Engr). f 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, street widening, curb and gutter, sidewalk all along the property frontages, street lights, traffic signals, street striping, storm drain, sewer and water. Junipero Serra Road, along the project's frontage, shall be _ reconstructed and widened from its ultimate centerline in accordance with the Master Plan of Arterial Highways and the California Highway Design Manual to the satisfaction of the City Engineer. -3- Camino Capistrano, along the project's frontage, shall be reconstructed and widened from its ultimate centerline, including northbound decelerating lane, if deemed necessary by the City Engineer, and southbound left turn lane for accessing the project, in accordance with the Master Plan of Arterial Highways and the California Highway Design Manual to the satisfaction of the City Engineer. The northbound deceleration lane may require widening of Camino Capistrano to the west, and shall be constructed without necessitating the removal of the existing Deodar Cedars along the west frontage of the project site. The centerline of Junipero Serra Road at Camino Capistrano shall line up withthe centerline ofthe driveway for the proposed Silverado Senior Living project along Camino Capistrano to align opposing left tum movements, as approved by the City Engineer (Engr). g. Off-site Improvement Participation. The applicant shall construct and/or contribute for the project's fair share financial participation for the signalization of Junipero Serra Road at the project entrance, the 1-5 southbound and northbound ramps at Junipero Serra Road and any required traffic improvements at Rancho Viejo Road and Junipero Serra Road and/or other improvements identified by the project's approved traffic study performed by the City's consultant Engineer under the guidelines outlined in Administrative Policy #310. The Developer's responsibility shall be in accordance with the City Council Policy # 111 - "Fair Share" Methodology & Developer Reimbursements (Engr). h. Gradin Pg lans. 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. These plans shall show the limits of grading, the drainage, sewer, water and parkway, commercial driveways/street 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 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). i. Permission to Grade on Neighbor's Property. The applicant shall submit to the City Engineer and to the Building Official, for any necessitated off-site grading on adjacent private properties, a notarized written permission from the adjacent property owners affected by said off-site grading (Engr). j. Erosion Control. The applicant shall submit to the City Engineer and Building Official for their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil Engineer. These plans shall show all temporary and/or permanent erosion control devices needed to properly control the runoff and contain silt and debris (Engr). k. Drainage. The City Engineer, upon reviewing the hydrology and grading plans, may determine that concentrated runoff conveyed by this project and other ME 049 upstream properties onto adjacent downstream properties would require certain off-site improvement to a deteriorated existing drainage system or condition, 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 (Engr). 1. 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. Any sewer lateral connection to the newly -constructed sewer main pipeline (by the Kaiser Foundation) along Camino Capistrano shall be subject to reimbursement to the Kaiser Foundation. The cost apportionment shall be directly proportional to the area of the building serviced by said sewer main line. The plan shall be specific to the project which reflects consistency with the City's Sewer standards and the Capistrano Valley Water District standard (Engr). in. All Construction Work Requires a Permit. Any and every improvement work, whether performed on-site or off-site, requires a Right -of -Way Permit. The purpose of such permit is to ensure the integrity of all existing improvements affected by the permit's construction activities (Engr). n. 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 specifically identifying structural and non-structural Best Management Practices that will be used on-site to control predictable pollutant runoff (Engr). o. Submit Haul Route Plan. For importation/exportation of soil 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). P. Obtain Haul Route Permit. 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) q. Dry Utilities (Electric 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 compatibility with existing and proposed improvements (Engr). 2. Prior to the issuance of certificate of occupancy the applicant shall fulfill the following requirements subject to approval of the City Engineer: -5- oso a. Monumentation Restored and Corner Records Filed with County. The applicant's surveyor shall set all required monumentation and/or re-establish any damaged or destroyed monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with Assembly Bill 1414 and Section 8771 of the Business and Professional Code (Engr). b. Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development (including the undergrounding of power lines) in accordance with the approved plan and approved exceptions (Engr). C. 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). MiNEation Measures - Mitigation Measure #1 - The proposed storm water drainage system design shall comply with the City's adopted "Storm Water Management Regulations and Policies," subject to review and approval by the City Engineer or his designee. Mitigation Measure #2 - Prior to issuance of building permits the City shall, at the cost of the applicant, cause to be prepared a traffic study, in accordance with Administrative Policy 310. This study shall be used to determine the applicant's participation in the City's Fair Share Methodology and Developer Reimbursements Program (City Council Policy 111). Mitigation Measure #3 - Prior to issuance of Certificate of Occupancy the City shall perform a post -installation review of the parking and site lighting to determine if the lighting results in significant off-site aesthetic impacts. In the event that the site lighting does result in off-site aesthetic impacts, the applicant shall remedy these impacts. Remedies may include the use of opaque shields, relocation of lights, change in lamp wattage, or other means as appropriate. Mitigation Measure #4 - Prior to the removal of any trees or the issuance of a grading permit the applicant shall submit a detailed construction and tree preservation plan, consistent with the recommendations of the Greg Applegate Tree Preservation Report. This plan shall incorporate provisions for tree preservation including, but not limited to, the following: - Prevention of compaction - Retention of the open drainage ditch near Sycamore Tree #32 - Limitations on trenching near tree roots - Careful selection of drought tolerant materials adjacent to preserved trees - Fencing of drip lines at preserved trees Ell Dust control A monetary fine system to ensure compliance with the provisions of the plan during construction. Mitigation Measure #5 - Prior to tree removal or issuance of a grading permit, the applicant will retain the services of a Society of Professional Archeologists -certified archeologist who will monitor all tree removals, grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. The applicant will provide an executed contract for services with a Society of Professional Archaeologists -certified archeologist including a scope -of -work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. in the event cultural resources are encountered during grading, the monitor may cease grading operations, consistent with City Council Policy to allow for the assessment, recovery, and/or evaluation of any cultural resources. PASSED, APPROVED, AND ADOPTED this 2nd day of March '1999. ATTEST: CITY CLERK J HN GREINER, MAYOR -7- OS] 052 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. 99-3-2-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of March 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SO , CITY CLERK M