Resolution Number 99-6-1-5195
RESOLUTION NO. 99-6-1-5
APPROVING VESTING TENTATIVE TRACT MAP 15853
(CALLE PERFECTO BUSINESS PARTNERS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION AND APPROVING A SEVEN -LOT TENTATIVE TRACT MAP
FOR A 7.95 -ACRE SITE LOCATED AT THE NORTHERN TERMINUS OF
CALLE PERFECTO (CALLE PERFECTO BUSINESS PARTNERS)
WHEREAS, the applicant, Calle Perfecto Business Partners, has submitted a request
for approval of a seven -lot vesting tentative tract map located at the northern terminus of Calle
Perfecto, on an approximately 7.95 -acre parcel; and,
WHEREAS, this proposal has been reviewed in accordance with the California
Environmental Quality Act, (CEQA, 1970). On March 23, 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 draft
resolution; and,
WHEREAS, on May 11, 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,
Architectural Control 99-01, Conditional Use Permit 99-02, Zone Variance 98-07 and Tentative
Tract Map 15853, and approved Architectural Control 99-01, Conditional Use Permit 99-02, and
Zone Variance 98-07, and recommended approval of the mitigated negative declaration and Vesting
Tentative Tract Map 15853; and,
WHEREAS, on June 1, 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, and
Vesting Tentative Tract Map 15853.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby find that:
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.
2. The proposed map is consistent with the General Plan in that the map has been
designed to accommodate an industrial complex which is consistent with the site's General Plan
Land Use Designation 4.0 (Industrial Park) and the Commercial Manufacturing Zone District.
3. Camino Capistrano, (located south and east of the site, across the railroad
tracks) is designated as a primary arterial on the General Plan's Master Plan of Arterial Highways;
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however, it is only two lanes (one in each direction) at the portion nearest the project site. Future —
widening of Camino Capistrano may result in a northward shift of the adjacent rail tracks, impacting
the site's south property line. By putting one additional lane in CalTrans right-of-way, east of
Camino Capistrano, any impacts to this site can be minimized, and the proposed development will
not adversely impact future improvements to Camino Capistrano, and is therefore consistent with
the General Plan.
4. The site is physically suited to the development in that the proposed site is a
7.95 -acre site, with relatively level topography and a regular shape. Although the project site is
located within the AO Zone; a special flood hazard area inundated by 100 year flood, as identified
on Federal Emergency Agency Map (FEMA) Flood Insurance Rate Map (FIRM) Panel 75 of 81, the
applicant is proposing grading plans which place the pad elevations a minimum of one foot above
the base flood elevation. A mitigation measure included in this resolution requires that these plans
be submitted to the Engineering Division for submittal to FEMA, for a FIRM Map Revision
application which would remove the subject site from the AO Floodplain Area.
5. The proposed site is physically suitable for the proposed density of the
development in that the site design accommodates the proposed industrial park complex and
associated parking as required by the City's Land Use Code and accommodates extensive landscaped
open area.
6. The proposed site has been previously graded and does not contain any fish —
or wildlife habitat. Furthermore the site is bordered by railroad right-of-way, and fully developed
industrial complexes, and therefore does not have the potential to create negative impacts to fish or
wildlife habitat.
7. The proposed improvements to the site, which consist of seven quasi -
industrial buildings and associated parking and landscaping, do not have the potential to cause any
serious public health problems.
8. The project does not contain any public access easements and therefore the
proposed development will not conflict with any easements for public use or access. Access to the
site is gained through an public easement existing easement over an adjacent property.
Improvements within this easement have been designed to provide access to the project site without
adversely impacting access to the adjacent site.
9. 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. Mitigation measures included in the attached draft 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 a mitigated negative
declaration, and approves a seven -lot tract map, subject to the following conditions:
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1. Prior to Final Map Approval by Cit -y Council
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. Easements. The applicant shall indicate and show on the final map all
existing and proposed easements. Location of said easements shall be verified by all affected
easement holders (Engr.).
d. 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.).
e. Properties in Flood Hazard Areas per (FEMA). For any property
wholly or partially located within the Special Flood Hazard Area A, as established by the
Federal Insurance Rate Map (FIRM), building pad elevations may be required to be
constructed above a specific elevation, which shall be confirmed with the Federal Emergency
Management Agency (FEMA) during Grading Plan Design (Engr.).
f Soils/Geology. The applicant shall submit to the City Engineer and
Building and Safety Manager 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.).
g. Traffic. The applicant shall submit to the City Engineer, for review
and obtain approval of final improvement plans for all traffic mitigation improvements
including both on and off-site as identified in the Traffic Study prepared under City direction
in accordance with Council Policy 311 (Engr.).
_ h. Off-site Improvement Participation. The applicant shall enter into a
reimbursement agreement with the City to construct, and/or contribute the project's fair share
financial participation for the following improvements:
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Intersection Improvement
Valle Road and San Juan Creek Road
Add second WB through lane
Camino Capistrano and 1-5 SB
Add second SB through lane
Camino Capistrano and Avd.
Add EB shared left/right turn lane
Aeropuerto
Camino Capistrano and Stonehill
Convert SB right -turn lane to free right
turn lane
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's Council Policy # I I I - "Fair Share" Methodology & Developer Reimbursements
(Engr.).
i. Grading. The applicant shall submit to the City Engineer and Building
and Safety Manager for their review and obtain approval for Grading Plans prepared by a
Registered Civil Engineer consistent with conceptual grading plans approved by the Planning
Commission/City Council with this Resolution. These plans shall show the limits of grading,
drainage, sewer, water and parkway/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. All drainage must be conveyed
to the street or a City approved drainage facility (Engr.).
j. 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.).
k. Drainage. The applicant shall submit to the City Engineer for review
and obtain approval for Drainage Plans specific to the project which reflect consistency with
the City's Drainage Master Plan. These plans shall show locations of all existing and
proposed facilities (Engr.).
1. Connection to City Drain Must be Recorded and Filed. Any proposed
connections to City storm drains from private on-site drains must be approved by the City
Engineer. (Engr.).
in. Sewer and Water. The applicant shall submit to the City Engineer, for
review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil
Engineer. These plans shall be specific to the project which reflect consistency with the
City's Sewer and Water Master Plans, City's standards, specifications and codes and the _
Capistrano Valley Water District (Engr.).
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-- n. Sewer Manholes to be Lined. The Sewer Plans shall indicate that all
proposed sewer manholes shall be lined with poly -urethane, or equal approved material, at
the developer's cost (Engr.).
o. 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 the
northerly extension of Calle Perfecto from the existing cul-de-sac to the northern boundary,
storm drain, sewer and water (Engr.).
P. 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. Said map shall also
be submitted to the County of Orange for review and approval (Engr.).
q. HOA Maintained Improvements. The applicant shall indicate on the
Final Map that all streets, drainage, street lights, street signage and striping improvements
within the interior of this subdivision designated as private shall be maintained by the Master
Association and/or Sub -Association or other provisions for maintenance which may be
subsequently approved by the City (Engr.).
r. CC&R's. The applicant shall submit for review to the City's
Engineering and Building and Planning Departments, and shall obtain the approval of the
City Attorney for Covenants, Conditions and Restrictions (CC&R's) which shall indicate all
areas and facilities to be owned and maintained by the Master Association and/or Sub -
Association (Engr.).
S. Restriction of Retail/Commercial Uses. The CC&Rs shall include a
provisions which prohibit the establishment of Retail/Commercial uses within the project site
(Planning).
t. Post Bond/Provide Securities. The applicant shall provide
performance bonds/securities for 100% of each estimated improvement cost as prepared by
a Registered Civil Engineer and approved by the City Engineer and City Attorney for each,
but not limited to, street improvements, signing and striping; street lights; storm drains,
sewer, landscaping and irrigation in rights-of-way, private slopes and open space. In
addition, the applicant shall provide labor and materials bonds/securities for 100% of the
above estimated improvement costs as determined by the City Engineer (Engr.).
U. 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
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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.
V. Developer Deposit Account. Prior to approval of final map, the
developer shall pay any outstanding balance in the Developer Deposit Account assigned this
application (Planning).
W. Environmental Review Fee Payment. The developer shall pay the
California State Fish and Game environmental review fee as set by the State (Planning).
2. Prior to Issuance of Grading and Right-of-way Improvement Permits
a. Building Pad Elevations in Flood Areas. The applicant shall provide
to the Engineering and Building Director a letter of verification from the Flood Insurance
Administration (FIA) confirming that the proposed building pad elevations are designed
above the minimum specific elevation required by FIA (Engr.).
b. 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) specifically identifying structural and non-structural Best
Management Practices (BMP's) that will be used on-site to control predictable pollutant
runoff (Engr.). —
C. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM).
For any property wholly or partially located within the 100 -year Flood Hazard Area on the
Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review
and obtain approval for all documentation required by the Federal Emergency Management
Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as
required by FEMA (Engr.).
d. Construction Mitigation Program. The developer shall prepare and
adhere to a construction mitigation program approved by the Planning Director and
Engineering and Building Director containing the following controls:
Grading:
i. Haul route for the movement of on and off-site of heavy earth-
moving equipment.
ii. Location of assembly and storage/service areas of heavy earth-
moving equipment and limits of hours of operation.
iii. Worker controlled access to site, including hours of work,
limits on noise sources, and dust and soil import/export.
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iv. Compliance with environmental mitigation measures.
Enforcement:
i. The Planning Director and Engineering and Building Director
may modify the construction mitigation program standards if on-site observations
indicate that construction activities are creating a nuisance to adjacent property
developments.
ii. If it is deemed necessary by the Engineering and Building
Director, the developer shall hire a project enforcement person approved by the
Engineering and Building Director to ensure compliance with the Construction
Mitigation Program.
iii. If it is determined that the developer is in violation of the
approved construction mitigation program, the Planning Director and/or the
Engineering and Building Director are authorized to shut down the project by reason
of said violation.
e. Archeological/Paleontological Monitoring Contract. The developer
shall provide the Building and Safety Division with an executed consultant services contract
with a SOPA-certified archeologist (Society of Professional Archeologists) responsible for
supervising on-site archeological and/or paleontological monitoring consistent with
applicable City Council Policy (Planning)
f Endangered Species Habitat Preservation. The developer shall provide
the Planning Director with U.S. Fish and Wildlife Service approval for any activity that
involves removal of native vegetation, including clearing, grubbing, mowing, discing,
trenching, fuel modification or other construction related activities covered by the Natural
Communities Conservation Program (Planning).
g. Consistency of Final Grading, Building and Landscape Plans. Prior
to issuance of permits, the Planning Director shall ensure that all final plans are consistent
with conceptual plans and conditions of approval per this Resolution (Planning).
h. Environmental Mitigation Plan. The developer shall comply with all
provisions of the approved Environmental Mitigation Plan (Planning).
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.).
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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 in accordance with the approved plan and approved exceptions
(Engr.).
4. Prior to Acceptance of Improvements and Release of Performance Securities
a. Provide As -Built Mylars. 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 (Engr.).
b. Monumentation Restored and Comer 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 AB
1414 and Section 8771 of the Business and Professional Code (Engr.).
Mitigation Measures:
Mitigation Measure #1 - The proposed storm water drainage system design
shall comply with the City's adopted "storm water management regulations and policies" and
subject to review and approval by the City Engineer or his designee.
Mitigation Measure 42 - Prior to issuance of a grading permit the applicant
shall prepare grading plans which place the pad elevations a minimum of one foot above the
base flood elevation. The applicant shall also submit, to the Engineering Division for
submittal to FEMA, a FIRM Map Revision application removing the subject site from the
AO Floodplain Area.
Mitigation Measure #3 - Prior to the issuance of a building permits, including
tenant improvement plans, the applicant shall, where applicable, demonstrate compliance
with the provisions of the National Pollution Discharge Elimination System (NPDES)
requirements subject to the satisfaction of the City Engineer.
Mitigation Measure #4 - In accordance with City Council Policy 111, the
applicant shall contribute the following amounts to the following improvements:
Intersection Improvement Participation
Valle Road and San Juan Creek Road
Add second WB through lane
2.4%
Camino Capistrano and 1-5 SB
Add second SB through lane
4.9%
Camino Capistrano and Ave Aeropuerto
Add EB shared left/right turn lane
9.6%
Camino Capistrano and Stonehill
Convert SB right -turn lane to free right
4.3
turn lane
Mitigation Measure #5- Prior to Planning Commission consideration, the
applicant shall work with staff and the Design Review Committee to revise proposed
architectural plans so that they provide an identifiable connection to appropriate architectural
styles.
Mitigation Measure 96 -Prior to issuance of a grading permit, the applicant
will retain the services of a SOPA (Society of Professional Archeologists) -certified
archeologist who will monitor all 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 SOPA-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
June ,1999.
ATTEST:
CITY CLERK
0
GREINER, MAYOR
1st
day of
203
204
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.
99-6-1-5 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of Tune 1999, by the
following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
u4 �T
CHERYL JO O , CITY CLERK
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