Resolution Number 93-7-6-4391
RESOLUTION NO. 93-7-6-4
Y
USE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
FLOOD PLAIN LAND USE PERMIT 93-1 TO ALLOW FENCING AND
PLAY EQUIPMENT IN THE 100 -YEAR FLOOD PLAINS ADJACENT
TO BUILDING F AND EL HORNO CREEK AT MARBELLA PLAZA
(MARBELLA PLAZA PARTNERS/WONDER YEARS PRESCHOOL)
WHEREAS, the applicant, Marbella Plaza Partners, has submitted an
application for approval of Flood Plain Land Use Permit 93-1 for the property located
west of Rancho Viejo Road and north of Golf Club Drive, Marbella Plaza; and,
WHEREAS, the City Council has reviewed and certified the Addendum
Environmental Impact Report as recorded in City Council Resolution No. 91-5-21-4; and,
WHEREAS, the Planning Commission has forwarded the project to the City
Council with a recommendation of approval; and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the applications; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
' determines as follows:
1. Site Development Standards - The hydrology report does not identify any
negative impacts associated with the implementation of the proposed
project because the proposed fencing will be removed every time rain is
forecast within a five day period. The fences will be removed in such
circumstances in order to ensure that if flooding occurs, that the fences
will not be swept downstream and clog the drainage channels. This
requirement is contained in an Indemnity Agreement between the City
and the applicant which will release the City from any liability for any
damage that might ensue as a result of the implementation of this
project. Also, the Hydrology Report certifies that the proposed
playground equipment will break down into small enough pieces that they
will not clog the channels under the bridge and cause flooding.
2. Federal and State Agencies: The project is in compliance with all
Federal Emergency Management Agency and U.S. Corps of Engineers
requirements, as reviewed by the City's Engineer. Recreational uses and
minor accessory structures, including playgrounds and trails, are
permitted uses in the "AE" District according to the Federal Emergency
Management Agency.
3. Site Environmental Impact. Mitigation measures were provided for
potential impacts to water and plant life and are contained in the
Mitigated Negative Declaration.
-1-
392
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby conditionally approve Flood Plain Land Use Permit 93-1
with the following conditions:
Mitigation Measure No. 1. All proposed improvements within the limits
of the 100 -year Special Flood Hazard District will be securely ground -
anchored in order to withstand the force of flowing water to the
satisfaction of the City Engineer. Perimeter fencing will be designed to
be removable. In the event that there is a 40% or greater probability of
rainfall within the Horno Creek tributary area, the property owner will
be responsible for removing all perimeter fencing panels situated within
the 100 -year flood plain.
2. Mitigation Measure No. 2. The operator/manager will maintain a policy
of prohibiting playground use in the event that there is a 40% or greater
probability of rainfall within the Horno Creek tributary area. Following
a 25 -year or greater intensity storm event, the project manager will
retain a qualified civil or geotechnical engineer expert to conduct an
inspection of the playground area to assure that flood water has not
caused erosion or similar damage which could pose a hazard to children
or instructors.
PASSED, APPROVED, AND ADOPTED this 6th day
of July 1993.
G L JONE YOEZ—
ATTEST:
-2-
393
I STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 9s-7-6-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of Julv , 1993, by the following vote:
AYES: Council Members Nash, Iiausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN , C67Y CLERK
-3-