Resolution Number 95-6-6-2338
RESOLUTION NO. 95-6-6-2
Is J I'll" W WAICS W410 1XIM Do 601 M IV 111151 Al 110 1 DI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A FLOODPLAIN LAND USE
PERMIT AT 26821 ACJACHEMA STREET (HISTORIC HUGO FORSTER
HOUSE/PALMER)
WHEREAS, Michael Palmer, 31871 Los Rios Street, San Juan Capistrano, California
92675, has made application for a Flood Plain Land Use Permit to locate a residential structure at
26821 Acjachema Street, known alternately as the Historic Hugo Forster House or the Goya House;
and,
WHEREAS, the Environmental Administrator has reviewed the project and issued
a Class 3 Categorical Exemption from the California Environmental Quality Act requirements in
accordance with City Environmental Review Guidelines; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination, conducted a duly -noticed Public Hearing on May 9, 1995, pursuant
to City Council Policy, and made a recommendation of approval to the City Council; and,
' WHEREAS, the City Council conducted a duly -noticed Public Hearing on June 6,
1995.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The entire site is located within the lower hazard "AO" 100 -year flood plain.
Since the entire site is within the area, no on-site alternative is available to locate the residence and
the residence will not be within the "A or AE" high hazard portion of the flood plain.
2. No channel alterations are proposed.
3. Compliance with Building Code Section 8-12.113 is feasible by positioning
the residence on an approximately one -foot -above -existing -grade foundation.]
4. The addition of one residential structure in an existing neighborhood could
have no discernable floodwater increase in elevation, velocity, or downstream flooding.
5. The only Federal or State requirement relevant to the project requires location
of the structure on foot above the flood plain elevation which will be accomplished through required
' compliance with City Building Code Section 8-12.113.
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6. There are no opportunities to minimize environmental impact by locating the
structure outside the flood hazard zone on the site because the entire site is within the flood hazard
zone.
7. The General Plan Flood Plain Element is implemented through compliance with
the Municipal Code Flood Plain Overlay District which this action accomplished.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve Flood Plain Land Use Permit 95-1, with the following condition:
Prior to permit issuance the applicant shall provide to the City a hold harmless
agreement to wit: Applicant and all successors -in -interest in subject property do
hereby hold harmless and agree to defend and indemnify the City of San Juan
Capistrano and its officers, employees and agents from any and all claims, lawsuits,
or damages arising out of or resulting from the grant of this permit, including but not
limited to personal injury, property damage or damage to property value.
PASSED, APPROVED, AND ADOPTED this 6th day of
June , 1995.
y �
CAROLYN NASH, MAYOR
ATTEST:
CITY
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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.
95-6-6-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of ,lune 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
S
CHERYL 70 O ITY CLERK
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