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Resolution Number 94-1-4-2245 RESOLUTION NO. 94-1-4-2 CERTIFYING ENVIRONMENTAL IMPACT REPORT AND APPROVING TENTATIVE PARCEL MAP 92-107 fHANKEY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT 92-1, CONFIRMING THE PROCESSING OF A CERTIFICATE OF COMPLIANCE, AND APPROVING TENTATIVE PARCEL MAP 92-107, A FOUR -LOT SUBDIVISION OF ASSESSOR'S PARCEL NO. 124-28-23, A.98 -ACRE SITE LOCATED AT 28232 ORTEGA HIGHWAY (HANKEY) WHEREAS, the applicants, Loma Ross and John Hankey, 9152 Loma Street, Villa Park, California 92667, have submitted an application requesting approval for a Demolition Permit or relocation of the Hankey Cottage located at 28232 Ortega Highway as part of an application for Tentative Parcel Map 92-107 to subdivide an approximately one -acre parcel into four separate parcels; and, WHEREAS, on July 28, 1992, the Environmental Review Board reviewed the project and directed that staff prepare an environmental impact report to determine whether any significant impacts would result from the proposed subdivision and demolition permit. Mitigation measures have been included as conditions in this resolution; and, WHEREAS, on October 26, 1993, the Planning Commission conducted a public hearing and considered the Environmental Impact Report and the project with respect to the standards established by the Land Use Code, and adopted Resolution No. PC 93-10-26-1, forwarding a recommendation of City Council certification of the Environmental Impact Report and approval of the project, subject to conditions; and, WHEREAS, the City Council held a duly -noticed public hearing on December 7, 1993, and continued the public hearing to January 4, 1994. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The proposed parcel map is consistent with the Land Use Code in that the project complies with all of the development standards set forth for minimum lot size and street frontage. 2. The proposed map's design or improvements are consistent with the General Plan in that the division of the site will provide land for additional residential development, which complies with the General Plan designation of "1.3 Medium/Low Density Residential." 3. The project site is physically suited for the proposed residential development because infrastructure is already in place for ebsting adjacent single-family development on large lots and will not represent a change from either the type or density of development planned for the area. 4. The site is physically suited for the proposed density of development because it is consistent with the RS district requirements for minimum lot size and street frontage, is situated within a developed residential neighborhood with homes on large lots, and ' does not represent an increase over what currently exists in the area. 5. The proposed project or its improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as stated in the certified Environmental Impact Report for the project. -1- 246 6. The design of the subdivision is not likely to cause serious public health problems as stated in the certified Environmental Impact Report for this proposal. 7. The proposal will not interfere with any existing or proposed public easements, or equivalent easements are proposed to compensate for the loss of existing easements. 8. The design or improvements of the proposed subdivision will not interfere with the maintenance or preservation of an historic site because the City Council has approved a demolition permit for the Hankey -Rowse Cottage. Although the historic Hankey - Rowse Cottage will be demolished, a modified Historical American Buildings Survey will be submitted prior to issuance of a demolition permit, or relocation, thereby reducing the potentially significant impact to a level of insignificance. Said modified report shall consist of a photographic survey and descriptive documentation of the residence and surroundings. 9. The Certificate of Compliance is an administrative procedure allowing the determination of Tentative Parcel Map 92-107's compliance with the Subdivision Map Act and City subdivision requirements prior to finalization of said parcel map, subject to the following condition: a. Final Map Recorded - The final Map shall be recorded as a condition of the Certificate of Compliance. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby certify Environmental Impact Report 92-1 confirm the processing of a Certificate of Compliance and approve Tentative Parcel Map 92-107 subject to the following conditions: PRIOR TO FINAL MAP APPROVAL: 1. The lots created by this parcel map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code. 2. The applicant shall fulfill all applicable fee requirements in accordance with the Municipal Code, Section 9-2.316 and post securities to insure satisfactory performance. 3. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said map shall be accompanied with traverse closure calculations and an updated Title Search Report. 4. The applicant shall indicate, to the satisfaction of the City Engineer, and show on the Final Map the following: a. Dedication of vehicular and pedestrian access rights to Ortega Highway. b. Dedication of vehicular access rights to Via Cristal except at the driveway locations as follows: Driveway to Parcel 1 shall be aligned with Via Perla center line. Driveway to Parcel 2 shall be no closer than 2 feet off the northerly property line. Driveways to Parcels 3 and 4 shall be no closer than 2 feet off their southerly property line. -2- 247 5. The applicant shall submit to the City Engineer a certificate from a Registered Civil ' Engineer or a licensed surveyor, verifying that all the survey monumentation have been set in accordance with the Final Parcel Map. 6. The applicant shall submit a tree removal/replacement plan (for all trees greater than 6 inches in diameter) to the Planning Director for approval. Such plan shall show the quantity, size, and location of existing and proposed trees. Removal of any trees greater than 6 inches in diameter by future residents/property owners shall be consistent with the approved tree replacement plan. 7. The applicant shall submit to the Planning Director for review and approval design plans showing three to four feet of masonry wall to be added to the entire length of the existing two- to three-foot wall adjacent to Ortega Highway to achieve a wall of five to six feet in height from top of Ortega Highway curb. The wall shall be stepped down on the west end to transition to the existing wall on the adjacent property. PRIOR TO THE ISSUANCE OF A GRADING PERMIT 8. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for grading plans prepared by a Registered Civil Engineer. These plans shall show limits of grading, drainage, sewer, water and parkway/street improvements. 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. All drainage must be conveyed to the street or a City -approved drainage facility. 9. The applicant shall provide evidence that a certified archaeological monitor has been retained. The monitor shall be present and observe and record all grading on the site. In the event grading reveals any artifacts, the monitor shall cease grading operations, notify the City s Building Inspector, and evaluate such materials for archaeological or historical significance. The monitor shall prepare a report with recommendation on whether to recover the artifacts, preserve them in-situ, or integrate them into the project design. The report and recommendations shall be subject to review and approval by the Environmental Review Board. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT 10. The applicant shall submit to the Building and Safety Division Manager, a certificate from a registered Civil engineer or licensed architect verifying that the proposed site plan and landscaping are consistent with the approved Tree Preservation/Replacement Plan. Said certificate shall include a signature block for the Planning Director's approval. The City shall determine that the proposed site plan and landscaping are consistent with the approved tree preservation/replacement plan. PRIOR TO THE ISSUANCE OF ANY CERTIFICATE OR USE AND OCCUPANCY 11. Each parcel owner/applicant shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions including but not limited to the following: sewer lateral, water and gas services, new driveway approach, and the relocation of any interfering trees and/or street signs with such proposed driveway. -3- 248 12. The applicant shall construct three to four feet of masonry wall to be added to the entire length of the existing two- to three-foot wall adjacent to Ortega Highway to achieve a wall of five to six feet in height from top of Ortega Highway curb. The wall shall be stepped down on the west end to transition to the existing wall on the adjacent property. PRIOR TO THE ISSUANCE OF THE DEMOLITION PERMIT OR RELOCATION OF THE HANKEY HOUSE 13. The project proponent shall be required to prepare and submit photographic/descriptive documentation of the Hankey House and surroundings and a biography of the Hankey family for the City's archives. The strict and detailed guidelines of an Historical American Buildings Survey are to be modified to meet City objective for a basic documentation on the design of the existing structure, in accordance with the requirements set forth in the letter from Thomas Tomlinson to Marjorie LeGaye, dated December 16, 1993, and the accompanying Diann Marsh report To ensure that the resultant cost does not exceed a total of $3,000 ($1,600 historical consultant and $1,400 photographic documentation), staff will take the necessary pictures (Attachment 3 of January 4, 1994, Agenda Item). PASSED,APPROVED,ANDADOPTEDthis 4th dayof January 1994. ATTEST: 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. 92-1-4-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 4th day of January , 1994, by the following vote: AYES: Council Members Jones, Ilausdorfer, Nash, Vasquez, and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None -4- �CITY � �•