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Resolution Number 95-7-18-4RESOLUTION APPROVING RIDGELINE EXCEPTION 95-1 AND NEGATIEVE DECLARATION FOR TENTATIVE TRACT 13726 (GLENDALE FEDERAL PLANNED COMMUNITY, AREA H) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND APPROVING A RIDGELINE EXCEPTION FOR A 46 -ACRE PARCEL LOCATED AT THE TERMINUS OF CAMINO LA RONDA (GLENDALE FEDERAL PLANNED COMMUNITY, AREA H, TENTATIVE TRACT 13726) WHEREAS, Toll Brothers of Orange, California, have requested approval of a ridgeline exception to construct an emergency/construction access road from Via Entrada through the Capistrano Valley Water District reservoir site, to Glendale Federal Area 'IH", and said road will traverse a General Plan -designated "major ridgeline" (Assessor's Parcel Numbers 124-140-63 and 124-140-65); and, WHEREAS, Section 9-3.510 of the Municipal Code, entitled "Ridgeline grading and controls," establishes standards for development of areas within 200 feet of General Plan -designated "major ridgelines" and criteria for exceptions to those standards; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of Title 9 of the Municipal Code; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has issued a Negative Declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental Review Guidelines. Furthermore, all mitigation measures have been included herein as conditions of approval, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council has considered the Environmental Review Board's determination pursuant Section 15061 of the California Environmental Quality Act (CEQA); and, WHEREAS, the City Council conducted a duly -noticed public hearing on July 18, 1995, 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 of the City of San Juan Capistrano does hereby make the following findings: 7 LJ 402 403 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Open Space and Conservation Element and Land Use Element, because the project provides alternate emergency access, protects existing residences from construction impacts, and minimizes grading impacts to the General Plan -designated "major ridgeline:" 2. The proposed project complies with all applicable provisions of the Land Use Code subject to the mitigation measures and conditions of approval contained in this resolution, including the criteria for approval of a ridgeline exception. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves a Negative Declaration and approves the project subject to the following mitigation measures and conditions of approval ("*" denotes CEQA-mandated mitigation measures): Prior to approval of the final mag (and improvement plans) 1. In conjunction with the final map, the applicant shall submit improvement plans for the proposed construction/emergency access road which will traverse a large manufactured slope area. Cut and fill (over cut) slopes shall be graded with buttress -stabilization keys designed to provide adequate slope stabilization with a minimum safety factor of 1.5. Base keys shall be excavated prior to construction of fill slopes. All compressible/collapsible soils including topsoil, colluvium, alluvium, and landslide debris shall be completely removed prior to placement of fill material. Subdrains shall be installed at the base of the slope. (*) 2. The final map improvement plans for the proposed construction/emergency access road shall establish an alignment for that portion of the access road within Area "H" which is approximately parallel to the slope. (*) 3. In conjunction with the final map, the applicant shall design and guarantee the reconstruction of the existing Via Entrada/Capistrano Valley Water District access road entrance to a standard commercial entrance design subject to approval by the City Engineer. (*) 4. In conjunction with the final map, the applicant shall submit a draft access easement which would allow for the construction/emergency access road within City open space. The applicant shall also submit a joint maintenance agreement between Glendale Federal, Area "H" homeowners association and Capistrano Valley Water District. The access easement will include provisions for the Glendale Federal, Area "H" homeowners association to retain all maintenance responsibility for that portion of the construction/emergency access road through and from the Capistrano Valley Water District reservoir site to and through Glendale Federal Area "H". The applicant shall enter into a joint maintenance agreement with Capistrano Valley Water District for the portion of the construction/emergency access road from Via Entrada to the Capistrano Valley Water District reservoir site. The access easement and maintenance provisions shall be in a form subject to approval by the City. (*) -2- 404 ' 5. In conjunction with the final map, the applicant shall submit Capistrano Valley Water District improvement plans providing for air filter attachments to the existing reservoir vents. The filter type and design shall be adequate to filter PM10 and shall be subject to approval by the Capistrano Valley Water District. (*) 6. In conjunction with the review of final map improvement plans, the applicant shall design the construction/emergency access road with a minimum twenty (20) and maximum twenty-five (25) foot width and a maximum 15% grade. The Capistrano Valley Water District reservoir perimeter fencing and the base of the retaining wall shall be set back a minimum of three (3) feet from the edge of road. The road alignment along the west side of the ridge shall be concurrent with the existing water district access road. Security gates shall be installed at the cul-de-sac and at the reservoir to restrict access to the access road at locations subject to approval of the Fire Department, Capistrano Valley Water District, and City of San Juan Capistrano. 7. The final map improvement plans for the access road east of the "major ridgeline" shall establish an alignment which minimizes encroachment into City open space and aligns the road, to the maximum extent possible within the limits of Area "H" subject to the satisfaction of the Planning Director. ' 8. In conjunction with the review of final map improvement plans, the applicant shall retain a registered civil engineer to design the proposed retaining wall along the south side of the reservoir site. If feasible, the retaining wall shall be designed to consist of a cribwall, loeffelstein, or similar engineered retaining wall capable of accommodating landscaping. Following construction of the retaining wall, the applicant shall install landscaping within those areas of the wall designed to accommodate the same and shall hydroseed the back cut resulting from the over -excavation with a seed mix which is visually compatible with the existing vegetation subject to approval by the Planning Director. Prior to issuance of any Building or Grading Permits 9. Prior to issuance of any building permit, the applicant shall reconstruct the existing Via Entrada/Capistrano Valley Water District access road entrance to commercial entrance standards consistent with the approved improvement plans. (*) 10. The applicant shall be responsible for reconstructing the existing chain link perimeter fence adequate to maintain security and in a manner and location acceptable to the Capistrano valley Water District. (*) 11. Prior to issuance of any building permit, the applicant shall grade and construct ' the construction/emergency access road (from Via Entrada to the Area "H" cul-de-sac) with an all- weather surface to the satisfaction of the City Engineer. Following issuance of the final occupancy -3- 40S permit and prior to release of performance (surety) bonds, the applicant shall improve the construction/emergency access road (from Via Entrada to the Area "H" cul-de-sac) with an asphalt - concrete surface to the satisfaction of the City Engineer. PASSED, APPROVED, AND ADOPTED this 18th day of July, 1995. CAROLYNIASHF MAYOR ATTEST: �W LI 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. 95-7-18-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of July, 1995, by the following vote: AYES: Council Members Jones, Hart, Campbell, Swerdlin and Mayor Nash NOES: None W.&IWA10�01 r: ABSENT: None (SEAL) CHERYL JO SO. , CITY CLERK -a-