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Resolution Number 99-8-3-3307 RESOLUTION NO. 99-8-3-3 CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING ARCHITECTURAL CONTROL 99-5 AND FLOODPLAIN LAND USE PERMIT 99-2 (OSO RANCH COMPANY/ SADDLEBACK VALLEY CHRISTIAN SCHOOL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING FLOODPLAIN LAND USE PERMIT 99-2 AND SITE DEVELOPMENT APPLICATION ARCHITECTURAL CONTROL 99-5 TO PERMIT THE ESTABLISHMENT OF A PRIVATE SCHOOL IN TEMPORARY MODULAR STRUCTURES AS AN INTERIM PHASE, LOCATED ON THE OSO RANCH (OSO RANCH COMPANY/SADDLEBACK VALLEY CHRISTIAN SCHOOL) WHEREAS, The Oso Ranch Company is the owner of real property located at the northeast corner of Oso Road and Avenida de la Vista, more specifically described as Assessor's Parcel Numbers 121-070-55, -56 and -57; and, WHEREAS, the applicant, Oso Ranch Company/Saddleback Valley Christian School, 2122 North Broadway, Suite 101, Santa Ana, CA 92706, has requested approval to construct the Interim Phase of a private school on the above designated property; and, WHEREAS, the applicant intends to install the temporary modular units to accommodate the students during the time that the U.S. Army Corps of Engineers studies Trabuco Creek in the vicinity of the project site to determine the ultimate alignment of the creek. Prior to the completion of the time limits on the Interim Phase, the applicant shall process an Architectural Control application with the City for development of permanent facilities; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code and reviewed for compliance with the City's General Plan and the City's adopted Architectural Design Guidelines and the provisions of the Floodplain Management Overlay District; and, WHEREAS, a public hearing notice was mailed to property owners within 300 feet of the site, the site was posted, and the Planning Commission held a duly noticed public hearing on July 13 and July 27, 1999, to receive public comments; and, WHEREAS, a public hearing notice was mailed to property owners within 300 feet of the site, the site was posted, and the City Council held a duly noticed public hearing on August 3, 1999 to receive public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San Juan Capistrano does hereby make the following findings: or-] 1. The proposed zoning is consistent with the Land Use, Circulation and other General Plan elements which govern the property and is otherwise consistent with the goals and policies of the General Plan; and, 2. Any subsequent development of the property, or use installed thereon, under the proposed zoning will conform to the development standards and other applicable provisions of Title 9 of the Municipal Code; and, 3. The proposed project complies with all applicable provisions of the Land Use Code subject to those conditions of approval cited in this resolution; and, 4. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed zone change; and, 5. The proposed site plan for the Interim Phase is consistent with the applicable provisions of the Municipal Code in that the building height, lot coverage, setbacks for the front, rear, and side yards, signage, lighting, and parking all comply with the development standards of Section 9-3.424 (Development Standards) for the PD District and with the provisions of SDP 99-1; and, 6. The site plan is compatible with existing and planned land uses in that the plan _ is to allow the establishment of a private school on the portion of Oso Ranch that can be elevated above the Special Flood Hazard Area. The facility is similar in nature to existing schools in the City; and, 7. The architectural design of the project is consistent with the goals, policies, and objectives of the Community Design Element and other applicable provisions of the General Plan in that the first phase of development will include temporary modular buildings with low building profiles, tan colors and siding with wood trim, similar to existing buildings on the surrounding properties; and, 8. The general site considerations, including building arrangement and parking, open space and topography, have been designed to provide a desirable environment for the public in that the buildings are sited to lessen visual impacts, adequate parking has been provided to prevent crowding on the nearby streets, and perimeter landscaping will harmonize with the existing vegetation in the area and provide a visual buffer; and, 9. The site plan is functional and safe with regard to adequate vehicle, pedestrian, and bicycle circulation in that the project design provides adequate site distances for safe entrance onto Oso Road; and, 10. The landscape design will insure visual relief to compliment buildings and structure and provide an attractive environment for the public in that the palette is composed largely of native species, numerous large trees are proposed, and the design serves to screen the proposed -2- 309 project from Oso Road, Camino Capistrano and adjacent residential projects while preserving an attractive view of the project from the street. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano, California does hereby certify the mitigated negative declaration, conditionally approve Floodplain Land Use Permit 99-2 and confirm the Planning Commission decision to approve Architectural Control 99-5, subject to the following mitigation measures and conditions of approval: MITIGATION MEASURES 1. Prior to issuance of grading permits, the applicant shall submit a dust control plan and procedures for managing and reducing dust and particulate matter emissions associated with the grading and construction activities for review and approval of the Planning Director. Plans shall be consistent with SCAQMD Rule 403 and may include soil binders, truck washing, street sweeping and regular vehicle maintenance. 2. During periods when average wind speeds exceed 25 miles per hour, the City's grading inspector shall have the authority to require the project to cease all grading activity, or implement extraordinary air quality mitigation measures to effectively reduce emissions. 3. Prior to issuance of grading permits, the applicant shall prepare a protection plan and procedures for preventing grading activities and construction equipment from impacting the mature sycamore trees and interfering with the native biological resources located within the creek and open space of the western portion of the site. Said plan shall be submitted to the City for review and approval of the Planning Director. Plans may include the use of grading barriers, constructing fencing or other means to limit the area of construction activity. The applicant shall comply with the Modified Permitting Process of the NCCP. 4. Prior to issuance of a grading permit, the applicant shall retain the services of a SOPA-certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources, including archaeological, paleontological and historic resources. The applicant shall provide the City with an executed contract for services to include: comprehensive monitoring, a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical report. In the event cultural resources are encountered during site grading, the monitor may direct that grading operation cease, consistent with City policy, to allow for the assessment, recovery and/or evaluation of any cultural resources. 5. The applicant shall prepare an evacuation plan for review by Southern California Edison and the Orange County Superintendent of Schools prior to issuance of Certificate for Occupancy. 6. Prior to issuance of grading permits, the applicant shall submit a hydraulic/hydrologic report, which evaluates drainage areas, stormwater runoff, existing and proposed stormwater drainage facilities, to the satisfaction of the City Engineer. Prior to issuance -3- 310 of any grading permits, the City Engineer shall determine the adequacy of the existing public stormwater drainage facilities to accommodate all drainage associated with the subject proposal. The City Engineer may require design modifications to the stormwater management plan, or improvements to existing public drainage facilities as a result of this review. 7. The proposed stormwater drainage system design shall comply with the City's adopted "Stormwater Management Regulations and Policies" subject to review and approval by the City Engineer. 8. Prior to issuance of a grading permit, the applicant shall demonstrate compliance with the applicable provisions of the National Pollution Discharge Elimination System (NPDES) requirements subject to the satisfaction of the City Engineer. 9. Prior to issuance of a grading permit, the applicant shall submit a stormwater management design which shall incorporate best management practices (BMP) to minimize impacts to surface water quality, with particular attention to Trabuco Creek. 10. The grading plan for the site shall include the FIRM map flood line boundaries and provide a finished pad elevation for all structures with a minimum oftwo feet of freeboard above the base elevation of the 100 year special flood hazard district as shown on the FIRM maps. Prior to issuance of building permits, the engineer of record shall provide pad certification as to the final elevation in a form acceptable to the City Engineer and FEMA. 11. If proposed grading would encroach into the 100 -year special flood hazard area, the applicant shall prepare and submit a completed application for "Letter of Map Amendment" (LOMA) or "Letter of Map Revision" (LOMR) to FEMA with a copy to the City Engineer. The City shall not issue a final occupancy permit, but may issue a conditional occupancy permit prior to approval of LOMA or LOMR. Within one year of issuance of the conditional occupancy permit, the applicant shall have secured final approval of the LOMA or LOMR from FEMA. 12. Prior to approving the rezone application, a revised SDP (Specific Development Plan) shall be prepared to address specific uses, development standards and design guidelines to ensure that the proposed use is compatible with the surrounding residential uses. 13. Prior to approving the rezone application, the revised SDP shall include provisions for access to the adjoining portions of the Oso Ranch, permitted uses and design characteristics. Ultimate development of these parcels may require further amendments to the SDP. 14. The applicant shall construct Oso Road adjacent to the site as a secondary arterial at the ultimate width recommended by the consulting traffic engineer, subject to review and approval of the City Engineer. 15. The project access drives to Oso Road shall be curb -return type driveways. -4- 311 16. Sight distance at the project access driveways should be reviewed with respect to Orange County Standard Plan Number Ill 7 in conjunction with the preparation of precise grading and landscaping plans. 17. The applicant shall align the primary entry drive consistent with the recommendations of the consulting traffic engineer, subject to review and approval of the City Engineer. 18. The applicant shall provide a north -bound left -tum pocket and a south -bound right -tum pocket at Oso Road and Camino Capistrano. The applicant shall install a traffic signal at this intersection, with railroad pre-empt capabilities, prior to the issuance of a Certificate of Occupancy. 19. The applicant shall provide adequate parking to meet the City of San Juan Capistrano code requirements. The school shall limit the number of high school age students that drive to school by issuing parking permits. The school shall regulate and monitor the amount of student parking and eliminate over -flow parking. In addition, the Oso Road school frontage shall be red -curbed and posted "No Stopping Anytime" on the north side. 20. The potential traffic impacts shall be further evaluated during City review of the permanent facility, based upon projected student population. 21. The applicant shall be responsible for contributing their fair -share of all necessary improvements, which are part of the General Plan Circulation Element and Master Plan of Streets and Highways. Said improvements shall be determined during discretionary review of the project. CONDITIONS OF APPROVAL General 1. The construction plans for the temporary modular units submitted for plan check shall be substantially in conformance with the plans reviewed and approved by the Planning Commission. 2. Approval of Architectural Control 99-5 shall not be valid until Rezone 99-2 and Specific Development Plan 99-1 are approved and become effective. 3. Approval of the temporary modular structures proposed as an interim phase of this development project is subject to the time limits and conditions included within Specific Development Plan 99-1 and may be revoked if the terms and conditions are not satisfied. 4. All requirements of the Land Use Code relating to development standards and restrictions shall be satisfied prior to issuance of any building permits. -5- 312 5. The school shall off -set the start time of the elementary, middle and high schools to be staggered a minimum of one-half (%2) hour apart from each other, as approved by the City Engineer. Prior to Issuance of Grading and Right -of -Way Improvement Permits 6. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City 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.) It was determined in the Mitigated Negative Declaration that the project could potentially impact wildlife, individually or cumulatively. Therefore, the applicant shall pay all required Fish and Game Fees to the County Clerk in accordance with Section 711.4(d) of the Fish and Game Code, and submit veri8fication of such payment to the City (Ping.). 7. 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, drainage facility or natural swale. 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.). 8. 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.). 9. 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. The study shall also address the stability of the existing bluff along the easterly edge of Trabuco Creek and potential impacts to the bluff stability and the development site resulting from the grading/construction activity associated with the interim flood protection measures. The report shall also identify the minimum allowable distance separating the proposed bluff edge from the modular structures. Based upon these recommendations, the modular units may need to be relocated to another portion of the site (Engr). 10. Traffic Study. The applicant shall obtain approval from the City Engineer for a Traffic Feasibility Study, prepared by a Registered Traffic Engineer, which evaluates the proposed development project and mitigates its anticipated traffic impact. Said study shall be in compliance with the Master Plan of Arterial Highway and 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.) -6- 313 11, General Plan Recreational Trail. The applicant shall provide a recorded agreement to insure future installation of a 20 -foot -wide trail easement adjacent to the top of the future permanent levee improvements. Agreement shall include the requirement for installation of trail fencing and a motorcycle barrier. 12. Street Improvement. The applicant shall submit to the City Engineer for review and obtain approval for, Street Improvement Plan for Oso Road and all required improvements listed in Condition # 13, below, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed right-of-way and improvements including, but not limited to: Street widening, curb and gutter, sidewalk along the property frontage, street lights, traffic signals, street striping, storm drain system which extends the existing double 48 -inch pipe culverts at the railroad crossing all the way to the creek, sewer and water. The proposed locations of the driveways along Oso Road are acceptable with the interim facility, but will be subject to further review and analysis during the processing of the permanent facilities. It may be necessary to realign the entry drives further away from the railroad tracks for additional safety. 13. Off-site Improvement Participation. The applicant shall enter into an agreement with the City to construct and/or contribute for the project's fair share financial participation for the improvements listed below and any required traffic improvements identified by the project's approved traffic study performed by the City's consultant Engineer and under the guidelines outlined in Administrative Policy #310. Said improvements include, but are not limited to the following: a. Prior to issuance of a Certificate of Occupancy: Signalization and intersection widening/improvement (including the railroad crossing Signalization and all appurtenances) at Oso Road and Camino Capistrano. b. Prior to certificate of occupancy: the additional right -turn and left -turn lanes on Camino Capistrano shall be provided; and, an all -way stop shall be installed on a temporary basis, until the signal is operational. All necessary right-of-way to accommodate such improvements shall be provided by the applicant. The installation of a traffic signal at this location shall be completed by prior to the issuance of certificate of occupancy. C. Participation in striping modification to the westbound lane on Junipero Serra Road at I-5 northbound. d. Participation in the addition of a second left -turn lane for westbound Junipero Serra Road to southbound Camino Capistrano, including all necessary street widening along Junipero Serra Road and Camino Capistrano. e. Participation in the addition of a second left -turn lane for southbound Camino Capistrano to eastbound Junipero Sera Road, including all necessary street widening along Junipero Serra Road and Camino Capistrano. -7- 314 f. Participation in the installation cost of a traffic signal at In -5 northbound and Junipero Serra Road. g. Participation in the installation cost of a traffic signal at I-5 southbound and Junipero Serra Road. It. Participation in the cost of constructing the extension of Alipaz Street from Del Obispo Street to Camino Capistrano, including a bridge across Trabuco Creek. i. Participation in the construction cost to widen Camino Capistrano to the ultimate width between Oso Road and Junipero Serra Road. The Developer's responsibility shall be in accordance with the City Council Policy No. 111 - "Fair Share" Methodology and Developer Reimbursements (Engr). 14. 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, and commercial driveways. 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). The applicant shall obtain a Number 404 permit from the U.S. Army Corps of Engineers and a Number 1601 permit from the U.S. Fish and Game service authorizing installation of the emergency rock riprap at the edge of existing Trabuco Creek (Ping). 15. 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). 16. Drainaee. The City Engineer, upon reviewing the hydrology and grading plans, may determine that concentrated runoff conveyed by this project and other upstream properties would require certain off-site improvements to a deteriorated existing drainage system or deficient 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). 17. 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 extension to the public sewer main line will require a full submittal of a plan and profile _ drawings to be incorporated with the street improvement plans. The site plan shall be specific to the -8- 315 project, which reflects consistency with the City's Sewer Standards and the Capistrano Valley Water District standard (Engr). 18. Dry Utilities (Electric, Telephone, Cable TV, Gasl. 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). 19. NPDES Industrial Permit for Grading in Excess of 5 Acres. The applicant shall submit a Notice of Intent to the California State Water Resources Control Board for coverage under the State National Pollutant Discharge Elimination System Program General Permit for storm water discharges associated with development/construction activity in excess of 5 acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer (Engr). 20. FEMA Requirements to Revise Flood Insurance Rate Man (FIRMI. 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). 21. Submit Haul Rout Plan. For importation/exportation of soil in and out of the project site, the applicant shall submit to the Cit Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. (Engr). 22. Obtain Haul Route Permit. The applicant shall submit a permit applicant, provide security deposit and obtain a Haul Route Permit from the Engineering Division which will specify the date and time and head ways for hauling activities (Engr). Prior to Issuance of Building Permit 23. The City and applicant shall prepare a more detailed evaluation of an interim equestrian trail alignment on the top of the temporary flood protection improvements. Within the next 30 days a report shall be submitted to the City Council on the actual impacts of the location of a 10 -foot -wide interim equestrian trail. Said report shall evaluate the trail alignment on the site plan for the temporary school improvements, including any modifications that would be necessary to accommodate the trail. Connection either temporary or permanent to future General Plan trails portions (to stables to the south and City open space to the northeast) shall also be evaluated. 24. Sewer Easement Dedication. The applicant shall prepare and submit to the City Engineer for review and obtain approval for all the necessary documentation for the dedication of a 20 -foot -wide sewer easement across the easterly side of the property to accommodate a future City sewer main line. 25. Landscaping. The landscape plan submitted for permit plan check shall indicate the exact species and variety of proposed plants. The precise location and number of these SE 316 plants shall be indicated on the palette by name and/or symbol. A landscape berm, minimum of 36 inches in height above both the parking lot and sidewalk grade shall be provided along the Oso Road frontage. Additional buffer trees shall be provided adjacent to the east elevation ofthe proposed gym to screen off-site views and within the parking areas at a rate of 1 tree per every 6 parking spaces. Additional trees may be necessary along the eastern property line to screen views of the parking area from Camino Capistrano, to be determined by the Planning Director. Fencing and Landscaping plans shall be reviewed and approved by the Planning Commission prior to the issuance of building permits. 26. Building/Orange County Fire Authority Plan Check. The applicant shall prepare and submit to the Building Official and Orange County Fire Authority all necessary documentation and pay all required fees, as required for completion of plan check and issuance of all required building and site improvement permits. 27. Lighting. Pursuant to Land Use Code Section 9-3.614, parking lot light fixtures shall have a maximum mounting height of 14 feet above finish grade. The plans shall indicate fixtures of a decorative design and shall have a residential character. 28. Li htin . The lighting plan shall specify that the lighting shall be reduced in intensity by 7:00 p.m. Significant reduction in intensity shall mean no more than one-third of the one -site lights shall be lit after the above time restriction. 29. Signs. All proposed signs shall be in compliance with Section 9-3.603 of the Land Use Code and subject to review and approval of the Planning Department. Prior to Issuance of Certificate of Occupancy 30. Traffic and Parking Monitoring Program. The applicant shall prepare a Traffic and Parking monitoring program for review and approval by the Planning Dire tor. Said program shall identify the start -times for each grade level and the type of parent notification proposed to regulate the on-site circulation to ensure that parents do not make U-turns on oso Road or use Oso Road as a loading/unloading zone. Said program will include provisions for the City to review the circulation patterns wtihin 3 months of the issuance of certificate of occupancy, and on an annual basis thereafter. The applicant may be required to provide additional mitigation should there be a circulation problem on-site or on the streets in the vicinity. 31. Traffic Signal Construction. Prior to the issuance of certificate of occupancy, the applicant shall design and construct the traffic signal and all necessary roadway improvements at Camino Capistrano and Oso Road intersection in accordance with the approved Plans, to the satisfaction of the City Engineer, in accordance with Condition 413 above. 32. Oso Road Improvements. Oso Road, along the project's frontage, shall be reconstructed and widened northerly 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. 10- 33. Utility Undergrounding. The applicant shall underground, at no cost to the City, the overhead utility lines within the property and along its Oso Road frontage to the satisfaction of the City Engineer (Engr). 34. 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). 35. Historic Depiction Program. Prior to the issuance of a certificate of use and occupancy for the permanent structures (Phase II), the applicant shall secure approval of a Historic Depiction Program concept and design from the Planning Commission and Cultural Heritage Commission and install the appurtenant features on site. As an alternative, the applicant may pay in -lieu fees in accordance with City Council Policy No. 606 prior to the issuance of a Certificate of Occupancy. Prior to Acceptance of Improvements and Release of Performance Securities 36. 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 AB 1414 and Section 8771 of the Business and Professional Code (Engr). 37. Provide As -Built Molars/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). PASSED, APPROVED, AND ADOPTED this 3rd day of August '1999. GREINER, MA ATTEST: LCITY CLER 317 91" 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. 99-5-3-3 adopted by the City Council ofthe City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of August 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: Council Member Hart (SEAL) CHERYL JO 'O ; CITY CLERK 12-