Resolution Number 99-3-2-2055
RESOLUTION NO. 99-3-2-2
APPROVING TENTATIVE PARCEL MAP 92-125 WITH MODIFIED
CONDITIONS AND AMENDING RESOLUTION NO. 92-10-6-3 -
PLAZA DE LAS GOLONDRINAS (EOUITRUST/BENNINGHOFF/HIRSON)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 92-125
WITH MODIFIED CONDITIONS FOR A 2.37 -ACRE SITE ON THE
NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD
AND AMENDING RESOLUTION NO. 92-10-6-3 - PLAZA DE LAS
GOLONDRINAS (EQUITRUST/BENNINGHOFFIHIRSON)
WHEREAS, the applicant, Equitrust, 400 Benninghoff Law Building, 31411 Camino
Capistrano, San Juan Capistrano, California 92675, has submitted applications requesting the
adoption of an ordinance to rezone a 2.37 -acre parcel on the northeast corner of Ortega Highway and
Rancho Viejo Road from CO (Office Commercial) to SP (Precise Plan); and,
WHEREAS, the Environmental Review Board reviewed the proposed project in
accordance with the provisions of the Environmental Quality Act and determined that the project
would not have a significant effect on the environment and therefore issued a Mitigated Negative
Declaration for the project on May 26, 1992; and,
WHEREAS, the City Council, on April21,1992, adopted Resolution No. 92-4-21-2,
initiating consideration of an amendment to the Land Use Element ofthe General Plan to redesignate
the site from Medium Density Residential to a Special Study (SS) area; and,
WHEREAS, the Planning Commission, on July 28, 1992, recommended to the City
Council approval of Tentative Parcel Map 92-125; and,
WHEREAS, the City Council, on August 18, 1992, adopted Resolution No.
92-8-18-5, approving Tentative Parcel Map 92-125; and,
WHEREAS, the City Council, on October 6, 1992, adopted Resolution No.
92-10-6-3, which amended Resolution No. 92-8-18-5, approving Tentative Parcel Map 92-125 with
modified conditions; and,
WHEREAS, the City Council, on August 20, 1996 amended Resolution No.
92-10-6-3 to delete Condition No. 2; and,
WHEREAS, the City Council of the City of San Juan Capistrano does hereby amend
Resolution No. 92-10-6-3 and find and determine as follows:
I . That the proposed Tentative Parcel Map is consistent with the goals, policies
and objectives of the General Plan.
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2. That the design of the proposed four -lot subdivision is consistent with the
General Plan.
3. That the site is physically suitable for development and has had three other
developments approved for the site, none of which were constructed.
4. That the site is physically suited for the proposed density of development
which consists of one one-story and three two-story buildings, containing approximately 28,000 -
square -feet of floor space, ancillary parking spaces and landscaping.
5. That the design of the proposed four -lot subdivision and the proposed
improvements are not likely to cause substantial environmental damage and hence a mitigated
negative declaration was issued for the project on May 26, 1992, by the Environmental Review
Board.
6. That the design of the proposed four -lot subdivision is not likely to cause
serious health problems.
7. That the design of the proposed four -lot subdivision will not conflict with
easements acquired by the public at -large for access through, or the use of, property within the
proposed subdivision.
8. That the design of the proposed four -lot subdivision does not interfere with
the maintenance or preservation of an historical site. No historical sites are known to exist on this
site.
9. The City's General Plan provides for a system of circulation improvements
to adequately handle the ultimate build -out traffic demands of the community. The proposed project
and related Fair Share cost are consistent with the City's General Plan for Ortega Highway as a
Primary Arterial Highway to accommodate traffic demands of future development.
10. Project impacts as identified by the applicant's traffic study exceed the
threshold levels identified in the City's Fair Share Policy thus triggering the need to require the
applicant to provide their pro -rata share of cost for the future widening of the Ortega Highway to
accommodate the traffic demands created by this and other future projects.
11. The County's adopted Master Plan ofArterial Highways incorporates a system
of County -wide circulation improvements to accommodate. projected future traffic demand. Ortega
Highway is identified as a Secondary Highway on the Master Plan of Arterial Highways;
improvements required of the applicant are therefore consistent with the County's Master Plan of
Arterial Highways.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby approve Tentative Parcel Map 92-125 (Plaza de las Golondrinas) with
the following conditions:
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Tentative Parcel Man - The following conditions are to be accomplished and
approved by the City Engineer prior to approval of the final parcel map.
Submit a parking agreement between all parcels.
2. Developer shall submit the required "Fair Share" deposit to guarantee
construction of Ortega Highway, Avenida Los Cerritos to Rancho Viejo Road and east property line
to La Novia Avenue, to its ultimate width per City of San Juan Capistrano Master Plan of Highways
and Standards in accordance with the following requirements:
a. "Fair Share" amount shall be $65,700 for Ortega Highway, Los
Cerritos to Rancho Viejo Road and $7,560 for Ortega Highway, east property line to La
Novia.
b. "Fair Share" amount shall be paid by developer at time of issuance of
a certificate of occupancy for each individual unit based on its proposed square footage at
a rate of $2.62 per square foot up to the total of $73,260. Certificate of Occupancy shall be
deemed the approval given by the Building Division given in advance of a tenant occupying
space within the development and not the developer's completion of the shell buildings.
C. At time(s) of Certificate of Occupancy, as described above, developer
will be entitled to a reduction or refund in the "Fair Share" fees if the City acquires an
outside funding source (a source that is not considered City -generated revenue). The "Fair
Share" amount to the development will be reduced on a pro -rata basis of outside funding to
City funding.
3. Submit a program to comply with the requirements of the California
Integrated Waste Management Act of 1989 to reduce construction and demolition debris through
recycling prior to issuance of permits.
4. Submit an appropriate storm water pollution control program related to the
development's structural and non-structural Best Management Practices in accordance with the
requirements of the National Pollutant Discharge Elimination System Program and Clean Water Act
of 1990.
Construct Ortega Highway to its ultimate width as shown on the Tentative
Parcel Map.
6. Construct traffic signal modifications atthe intersectionof Rancho Viejo Road
and Ortega Highway required by construction of street improvements in accordance with condition
5 above.
7. Dedicate appropriate easements to the City for emergency and public security
ingress and egress purposes.
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8. Vehicular access rights to Ortega Highway shall be released and relinquished
to the City of San Juan Capistrano, except at approved driveway location.
9. Prior to issuance of any permits for work on the project, the Developer shall
work with the City staff and the neighborhood liaison from the surrounding residential area to
develop a construction mitigation program. Program shall minimally identify the following:
a. Pre -notification of any work to residences.
b. Limits on construction hours and day of the week.
C. Employee/contractor parking.
d. Clean up and daily maintenance including clean up deposit.
e. Noise.
f Traffic detours.
g. 24 -Hour and emergency contacts.
h. Use of residential streets.
10. The applicant shall assume the maintenance obligation for landscaping along
the wall area of the property under a maintenance agreement format, if necessary, in the opinion of
the City Attorney. This maintenance obligation would run concurrently wtih the underlying
obligation of the title record owner of the lots to be subdivided.
PASSED, APPROVED, AND ADOPTED this 2nd day of
March , 1999.
J HN GREINER, MAYOR
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.
99-3-2-2 adopted by the City Council ofthe 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 N 'ITY C ERK
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