Resolution Number 99-8-17-3343
RESOLUTION NO. 99-8-17-3
APPROVING ARCHITECTURAL CONTROL MODIFICATION 96-9
AND FLOODPLAIN PERMIT 99-1 (RESCO-SHURGARD)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THE ISSUANCE OF A
MITIGATED NEGATIVE DECLARATION AND APPROVING
ARCHITECTURAL CONTROL MODIFICATION 96-9 AND FLOODPLAIN
PERMIT 99-1, A PROPOSAL TO CONSTRUCT CREEK BANK
STABILIZATION IMPROVEMENTS ALONG SAN JUAN CREEK FOR A
PARCEL LOCATED AT 32371 SAN JUAN CREEK ROAD (RESCO-
SHURGARD)
WHEREAS, Resco Self -Storage LLC requested approval of a proposal to construct
creek bank stabilization improvements along a portion of San Juan Creek adjoining their property
consistent with U.S. Army Corps of Engineers standards and consisting of the placement of non -
grouted rock rip -rap ('/z- to 2 -ton boulders) and related improvements along the embankment to
protect against erosion during storm events, for property located at 32371 San Juan Creek Road; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project Initial Study
prepared pursuant to Section 15063 of the California Environmental Quality Act Guidelines and,
pursuant to Section 15070 of the California Environmental Quality Act Guidelines, has issued a
Mitigated Negative Declaration and caused a Notice of Negative Declaration to be posted pursuant
to Section 15072 of the California Environmental Quality Act Guidelines, and all mitigation
measures have been included herein as conditions of approval, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act; and,
WHEREAS, the City Council has considered the Environmental Review Board's
determination pursuant to Section 15074 of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
July 27, 1999, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on
the proposed project and forwarded a recommendation to certify the issuance of a Mitigated Negative
Declaration and approval of creek bank stabilization improvements; and,
WHEREAS, the City Council conducted a duly -noticed public hearing on August 17,
1999, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the
proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby make the following findings:
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1. The proposed project is consistent with the policies and objectives of the San
Juan Capistrano General Plan, specifically, the Floodplain Element, because the proposed design will
provide the opportunity to create a natural bank treatment consistent with the goals of the General
Plan; and,
2. The proposed project complies with all applicable provisions of the Land Use
Code, including the provisions of Section 9-3.503, Floodplain Management Overlay District, subject
to the mitigation measures and conditions of approval contained in this resolution.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby approves a Mitigated Negative Declaration, and approves the project,
Architectural Control Modification 96-9 and Floodplain Permit 99-1, subject to the following
mitigation measures and conditions of approval:
Mitigation Measures
1. Construction and placement of the rip -rap shall be initiated outside of the
breeding season for the Least Bell's Vireo (April 10 through August 15) and the impacted habitat
shall be replaced through reseeding and/or replanting with container plants. A "riparian mitigation
program" was developed to address this concern and provided in the Initial Study/Mitigated Negative
Declaration as Attachment D.
2. Implementation of the "riparian mitigation program" shall be required of the
project.
Conditions of Approval
3. The project grading permit plans shall substantially comply with the City
Council -approved plans in all material aspects subject to determination by the Planning Director or
his designee. In the event the Planning Director would determine that the grading permit plans are
not in substantial compliance, he will forward such plans to the Planning Commission for review
and determination.
4. Prior to grading permit issuance, the project shall secure final approval of all
required permits from the Orange County Flood Control District, California Department of Fish &
Game, and the U.S. Army Corps of Engineers.
5. The project shall not grout the rock rip -rap with cement or similar material
which would prevent riparian vegetation from being established on the embankment. Grouting
material shall be limited to gravel/sand/soil.
6. Prior to issuance of any grading/building permit for the installation of the
proposed rip -rap improvements, the project shall prepare and submit an executed Maintenance and
Liability Agreement," in a form acceptable to the City Attorney and Engineering and Building
Director, which provides that the property owner shall retain all maintenance and liability
responsibility for the proposed flood protection improvements. In addition, the applicant shall
execute an indemnity agreement from flooding from City -owned property. Furthermore, prior to
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issuance of any occupancy permit for self -storage structures, the project shall record the executed
"Maintenance, Liability and Indemnity Agreement" with the County of Orange Recorder, and shall
provide written evidence of the same to the Chief Building Official or his designee.
PASSED, APPROVED, AND ADOPTED this 17th day of
August 1999.
AFHNGREINER, MAYO
ATTEST:
CITY CLE
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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.
99-8-17-3 adopted by the City Council ofthe City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of August 1999, by the
following vote:
AYES: Council Members Jones and Hart and Mayor Greiner
NOES: Council Members Swerdlin and Campbell
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO S , CITY CLERK
me