Resolution Number 98-6-2-7MAN"
RESOLUTION NO. 98-6-2-7
CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TREE
REMOVAL PERMIT AND LANDSCAPE PLAN ASSOCIATED WITH
ARCHITECTURAL CONTROL 97-8 (WESELOH CHEVROLET AND HONDA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE
DECLARATION AND CONDITIONALLY APPROVING A TREE REMOVAL
PERMIT AND LANDSCAPE PLAN ASSOCIATED WITH THE
CONSTRUCTION OF TWO AUTOMOBILE DEALERSHIPS LOCATED THE
NORTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE
(ASSESSOR'S PARCEL NUMBERS 121-240-19,121-240-74, AND 121-254-41)
(WESELOH CHEVROLET AND HONDA)
WHEREAS, KI/FKLA Rancho Realty, LLC is the owner of real property described
as Assessor's Parcel Numbers 121-240-19 and 121-240-74 and the San Juan Capistrano Community
Redevelopment Agency is the owner of real property described as Assessor's Parcel Number 121-
254-41, all located at the northwest comer of Camino Capistrano and Stonehill Drive; and,
WHEREAS, the applicant, Mr. C. B. Weseloh, 5335 Paseo del Norte, Carlsbad,
_ California 92008, has requested approval of a Rezone, Hillside Management, and Architectural
Control permit to construct two automobile dealerships on the above designated properties; 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,
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
May 12, 1998, to receive public comments; and,
WHEREAS, the Planning Commission, at a duly -noticed public hearing held on
May 12, 1998, forwarded the proposed landscape palette and tree removal permit to the City Council
for their approval; 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 June 2,
1998, 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:
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1. The proposed landscape plan is consistent with the Scenic Highways Element
of the General Plan which governs the property and is otherwise consistent with the goals and
policies of the General Plan; and,
2. The proposed project complies with all applicable provisions ofthe Land Use
Code subject to those conditions of approval cited in this resolution; and,
3. The landscape design will insure visual relief to complement buildings and
structures 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
project from Camino Capistrano and Stonehill Drive while preserving an attractive view of the
project from the street; and,
4. Pursuant to Land Use Code Section 9-2.309, specific measures are proposed
to mitigate the removal of on-site specimen trees. These include the boxing and transplanting of
selected specimens, the significant replacement of removed trees with large specimens, and the
dedication of large areas of landscaped open space throughout the property.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby certify the Mitigated Negative Declaration and approve the tree removal
permit and landscape plan associated with Architectural Control 97-8, subject to the following
mitigation measures and conditions of approval:
Mitigation Measures
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 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.
2. Proposed retaining walls and reinforced 1:1 slopes shall be designed by a
professional engineer and constructed to standards and specifications established by the City
Engineer. In conjunction with the submission of improvement plans for proposed retaining walls,
the applicant shall submit a soils study/geotechnical report prepared by a qualified engineering
geologist which analyzes soils and geologic conditions and provides specific recommendations on
the design of the proposed retaining walls.
3. Prior to issuance of any grading or building permit, the applicant shall submit
a detailed hydraulic/hydrologic report which evaluates drainage areas, storm water runoff, existing
and proposed storm water drainage facilities to the satisfaction of the City Engineer. Prior to
issuance of any building or grading permits, the City Engineer or his designee shall determine that
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the existing public storm water drainage facilities potentially impacted by the project are adequate
to accommodate all drainage associated with the subject proposal. The City Engineer may require
upgrade of the existing public storm water drainage facilities in order to accommodate the project's
runoff.
4. 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.
5. Prior to the 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.
6. Prior to issuance of any building or grading permit, the applicant shall submit
a storm water management design incorporating Best Management Practices (BMP) to minimize
impacts to surface water quality.
7. Prior to the issuance of a building permit the applicant shall demonstrate
compliance with the applicable provision of Title 9, Chapter 9, Transportation Demand Management
ordinance, through the use of trip reduction methods and physical improvements subject to the
approval of the Planning Director.
8. Prior to the issuance of a building permit the applicant shall satisfactorily
demonstrate project compliance with emissions threshold for NOx through compliance with Title
9, Chapter 9, Transportation Demand Management Ordinance.
9. The project shall construct Camino Capistrano from the north project
boundary to Stonehill Drive at its ultimate half section width a secondary arterial in conjunction with
development.
10. The project shall restripe Stonehill Drive from the west project boundary to
Camino Capistrano at its ultimate half -section width as a Primary Arterial in conjunction with
development. The Stonehill Drive improvements shall be coordinated with subsequent development
proposals for the Lower Rosan site located west of the Rosan/Weseloh Chevrolet and Honda
dealerships.
11. The project access to Camino Capistrano and Stonehill Drive shall be curb
return type driveways. The Stonehill Drive driveway shall be gated and limited to service vehicles
only.
12. Sight distances at the project access driveways shall be reviewed with respect
to Orange County Standard Plan Number 1117 in conjunction with the preparation ofprecise grading
and landscape plans.
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13. The project access driveway to Camino Capistrano shall provide sufficient
width for one lane entering the site and two lanes exiting the site. A stop sign shall be installed to
provide adequate control for exiting traffic. A 150 -foot northbound left turn lane shall be provided
for vehicles desiring to tum left into the site from Camino Capistrano.
14. The applicant shall conduct surveys pursuant to U.S. Fish and Wildlife
Services Protocols for the California Gnatcatcher and pay any fees associated with the loss of habitat
for these species, as required by the Natural Community Conservation Planning Process Guidelines.
15. The dealership shall utilize pagers or some other form of wireless
communication system for on-site communications. Amplified public address systems shall be
prohibited.
16. The hours of operation for the Honda service facility shall be from 8:00 a.m.
to 10:00 p.m. After 5:00 p.m., the roll -up doors on the north side of the Honda structure shall remain
closed.
17. All service -related activities for both dealerships shall be performed only in
areas so designated on the City Council -approved plans.
18. Prior to Planning Commission review of the project, the project proponent
shall prepare and submit a lighting plan and photometric analysis of the lighting plan which
adequately demonstrates the location and intensity of proposed lighting. The lighting plan shall be
designed to comply with the provisions of Section 9-3.614, Lighting, of the Municipal Code, as
determined by the Planning Commission. The lighting plan shall include the location of all lighting,
light source (high pressure sodium, metal halide), lens (NEMA) type, height, mounting (building,
pole, etc.), vertical tilt, horizontal orientation, cutoff -shielding type. The photometric analysis shall
evaluate lighting intensity to the nearest 0.1 foot candle on not less than ten -foot grid, and evaluate
adequate off-site area to demonstrate compliance with City standards.
19. All exterior lighting fixtures shall be provided with shielding and situated so
that direct light does not encroach on adjoining properties.
20. Prior to the issuance of a grading permit the applicant shall prepare a map, as
an amendment to the Greg Applegate Tree Preservation Report (April 2, 1998) which indicates the
location of all trees identified in the report, the three trees identified for relocation, and the proposed
relocation site.
21. Prior to Planning Commission review the applicant shall provide the Planning
Department with revised visual simulation (based on the FORMA visual simulation date April 1998)
which include imaging of the three existing trees which are to be retained in accordance with the
Greg Applegate Tree Preservation report.
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_ 22. Pursuant to a City Council direction, the round display pad on the southeast
corner of the site shall be eliminated from plans submitted for building permit plan check. The
display of automobiles at this corner of the site shall be strictly prohibited.
23. Prior to issuance of a grading permit, the applicant will retain the services of
a 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 Society of
Professional Archeologists -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.
Conditions of Approval
Tree Preservation
1. Prior to the issuance ofgrading and tree removal permits, the tree replacement
plan shall be revised to include notes with the following clarification:
a. All new (i.e., non -transplanted) trees shall have a minimum height of
twenty (20) feet and trunk caliper of 8 inches except as specified below.
b. Three (3) California Pepper and three (3) Red Ironbark Eucalyptus
trees shall be added to the palette with at least two (2) planted in the area of the northeast
corner. These trees shall have an initial size of between 36- and 56 -inch box.
All new trees shall be selected under the supervision of the Planning Director
or his designee. Trees shall be spotted in the field under the supervision of the Planning Director
or his designee so the landscape, as installed, is consistent with the approved planting palette and
visual simulations.
PASSED, APPROVEI
ATTEST:
CITY CLERK
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ISO
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. 98-6-2-7,
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting
thereof held on the 2' day of June, 1998, by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
C RYLJOHN CLERK