Resolution Number 99-6-1-4187
RESOLUTION NO. 99-6-1-4
CONFIRMING MITIGATED NEGATIVE DECLARATION
AND APPROVING TENTATIVE PARCEL MAP 97-225 (SCALZO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE PARCEL MAP 97-225,
SUBDIVIDING AN APPROXIMATELY 20 -ACRE SITE LOCATED AT 32281
DEL OBISPO STREET (SCALZO)
WHEREAS, the applicant, Frederick T. Scalzo, 32281 Del Obispo Street, San Juan
Capistrano, 92675, has submitted a request for a tentative parcel map to divide an approximately
20 -acre site located at 32281 Del Obispo Street into three one -acre parcels, one ten -acre parcel, and
a seven -acre remainder parcel; and,
WHEREAS, this proposal has been reviewed in accordance with the California
Environmental Quality Act, (CEQA, 1970). On March 2, 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 April 27,1999, the Planning Commission held a duly noticed public
hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration,
and Tentative Parcel Map 97-225, and, with the concurrence of the applicant continued this item to
May 11, 1999; and,
WHEREAS, on May 11, 1999, the Planning Commission re -opened the public
hearing to consider testimony both in opposition to, and in favor of, a mitigated negative declaration,
and Tentative Parcel Map 97-225, and recommended approval of said mitigated negative declaration
and tentative parcel map; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby find that:
Mitigated Negative Declaration:
a. 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 Man
a. The proposed map is consistent with the General Plan in that the map has been
designed to accommodate residential development with minimum lot size of one acre, which is
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consistent with the site's General Plan Land Use Designation 1.3 (Medium -low Density Residential)
and the Large Estate Zone Designation.
b. The proposed improvements are consistent with the General Plan in that the
proposal includes easements for an equestrian feeder trail, which would provide access to the City's
Recreation Trails System.
C. The site is physically suited to the development in that the proposed site is a
twenty acre site, with gently sloping topography and a regular shape. Additionally, the proposed lots
are large and regularly shaped, with no proposed grading, except for drainage swales and widening
of the access road. Therefore, the site will not require extensive landform alteration or interfere with
any existing significant natural landforms.
d. The site is physically suitable for the proposed density of the development in
that the site design is for large lots, the development of which will require minimal grading and
landform alteration. However, due to the minimal stormwater improvements, and the fact that the
applicant is proposing to have individual homeowners construct the actual swales, the potential
exists for there to be cross -lot flow of storm water among project lots. Conditions have been
included in this resolution to mitigate this issue.
e. The proposed site has been substantially developed as an equestrian residential
complex, and is located in an area of existing residential development with minimum lot sizes
ranging from 10,000 square feet to several acres and historically has been an active farm. Therefore,
there is no significant habitat within or surrounding the project site.
f. As conditioned the proposed improvements to the site, consisting of minor
grading and future construction of a maximum of four single family homes, and private septic
sanitation systems, would not pose a significant threat to the public well-being.
g. As conditioned the design of the subdivision or the type of improvements will
not conflict with easements acquired by the public at large for access through, or the use of, property
within the proposed subdivision.
h. The Land Use Code. Section 9-4.103 Streets, Highways and Alleys, provides
for case by case determination of appropriate dimensions during the development review process.
The applicant has proposed road way widths of between 26 and 28 feet, which is consistent with
the Land Use Code for a "way" (a street serving 12 or fewer units), and right-of-way widths of 26-
30, which is less than the 56 feet prescribed by the Land Use Code. In this particular instance, the
City has not identified any public benefit which would be served by the provision of additional right-
of-way.
i. The project site does not contain any above surface historic resources, nor is
it located in such a way that development of the site will interfere with the maintenance or
preservation of nearby historic sites.
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-- BE IT FURTHER RESOLVED, thatthe City Council confirms amitigated negative
declaration and approves Tentative Parcel Map 97-225, subject to the following conditions and
mitigation measures:
1. Final alignment of the equestrian trail as shown on the parcel map shall be
approved prior to the final map by the Parks, Recreation and Equestrian Commission. The developer
shall be responsible for construction and maintenance of the feeder trails until the individual property
is transferred to the individual owners. The developer shall record deed restrictions on each lot such
that the individual property owner shall be responsible for maintenance of the portion of the
equestrian trail easement traversing the lot. The restriction shall include a clause that "...if the
individual property owner does not maintain the trail per the minimum standards of the adopted
Equestrian/Hiking Trail Design Manual, the City has the right to aesume maintenance of the trail
system; all costs, including administration, shall become a lien on the property." Furthermore,
reciprocal easements shall be granted to each and every property owner for use of said equestrian
trail easements.
2. The first property owner to pull a building permit shall be responsible for
construction and maintenance of all required drainage swales within the subdivision to the
satisfaction of the City Engineer. The developer shall record deed restrictions on each lot such that
each individual property owner shall be responsible for maintenance of the portion of the drainage
swale traversing the lot.
3. Prior to issuance of building permits for structures on lot 1-4, the property
owners shall submit percolation tests specific to each lot and its development. Said test shall be
subject to review and approval by the Building Official and City Engineer.
4. Any single family residence issued a building permit, subsequent to dedication
of a public sanitary sewer to the City, shall hook-up to the public sewer system, and shall pay
appropriate sewer connection fees to the City.
5. Prior to final map approval, the applicant shall record easements, as depicted
on Tentative Parcel Map 97-225 (Map Exhibit "B"), including a continuation of the 26 and 30 foot
wide easements depicted in cross sections B -B and C -C, which provides access to lots 1-3.
Adequacy of these easements shall be subject to the review and approval of City Engineer and
Planning Director.
6. Prior to final map approval, the applicant shall record an access easement for
the benefit of lot 4 from Del Obispo Street, through the remainder parcel, to lot 4. In addition, an
easement shall also be recorded for the benefit of the two homes within the remainder parcel,
granting access rights for that portion of the driveway within lot 4.
7. Prior to final map approval, the applicant shall provide verification of the
intention and ability to assume the maintenance of the proposed private driveway in the form of legal
documents affixing such responsibility. Said verification shall bg subject to the review and approval
of the City Engineer.
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8. The applicant shall enter into an agreement for the two roadway easements
with the underlying property owners (Cook and Bailey) for the pro -rata share of the maintenance by
all parties having access over said easements. Said agreement to be reviewed and approved by the
City Attorney and City Engineer prior to final map.
9. Prior to final map approval, if the City Council denies the vacation of the
public road easement, or the developer successfully acquires the right to access proposed Lots 1
through 3 by use of the public easement, then "Alternative B" will be the final map.
10. Prior to Issuance of First Buildine Permit
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. 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.).
d. 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.).
e. 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. Notification to all properties using said roadway shall be provided prior to the start
of construction issuance of permits (Engr.).
f 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.).
g. 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 Ci tv 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.
h. Fireflow Requirements. The applicant shall prepare a fireflow test
demonstrating compliance withthe City"s and Orange County Fire Authority's minimum fire -
flow standards. The applicant shall be responsible for any and all requirements/
improvements that may be required as a result of this test.
11. Prior to Issuance of Grading and 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.).
12. Prior to Issuance of Certificate of Occunancv
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.).
13. Mitigation Measures:
Mitigation Measure #1 - Prior to issuance of a grading permit, the applicant
shall submit a "Subsurface Geotechnical Investigation" completed by a licensed engineering
geologist professionally certified by the State of California to conduct such work subject to
approval by the Chief Building Official. The proposed preliminary grading design will be
based upon the analysis and recommendations contained in that "Subsurface Geotechnical
Investigation". Any change in recommendations and/or design shall be subject to review and
approval by the City Engineering and Building Department. The "Subsurface Geotechnical
Investigation" shall include a discussion of landslide potential and shall include specific
grading design recommendations.
PASSED, APPROVED, AND ADOPTED this
1999.
ATTEST:
1.
CITY CLE
1st day of
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192
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.
99-6-1-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of June 1999, by the
following vote:
AYES: Council Members Swerdlin, Hart, Campbell and
Mayor Greiner
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
(SEAL)
CHERYL JOVSON,LeITY CLERK
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