Resolution Number 92-7-7-3RESOLUTION NO. 92-7-7-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 90-403 AND CERTIFYING THE MITIGATED
NEGATIVE DECLARATION FOR THE PROPERTY LOCATED EAST
OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, WEST
OF THE AT&SF RAILROAD TRACKS AND DIRECTLY SOUTH OF
THE CAPISTRANO VALLEY MOBILEHOME ESTATES (LOWER
ROSAN RANCH/SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY)
WHEREAS, the applicant, San Juan Capistrano Community Redevelopment
Agency, has submitted applications for approval of Tentative Parcel Map 90-403 for the
property located east of the Orange County Flood Control Channel, west of the AT&SF
Railroad Tracks, and directly south of the Capistrano Valley Mobilehome Estates; and,
WHEREAS, the Environmental Review Board has reviewed the project and has
determined that the proposed project would not have a significant impact on the
environment; has accordingly issued a Mitigated Negative Declaration; and, has
otherwise carried out all requirements of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission of the City of San Juan Capistrano has
adopted Resolution No. PC 91-7-9-1, recommending the City Council approve Tentative
Parcel Map 90-403, subject to conditions and certify the Negative Declaration for said
project; 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. The proposed project and its design and improvements are consistent
with the General Plan Land Use designation of Special Study in that prior
to development of the site, a detailed study of the property's potential
uses, development constraints and opportunities will be completed to
ensure that all applicable General Plan goals and policies are
incorporated into the final development plan.
2. The proposed project conforms to all applicable requirements of Title 9
of the City's Municipal Code in that standard Municipal Code
requirements for subdivisions, including the City Engineer's approval of
improvements and dedications and submittal of all Municipal Code
required fees, deposits, and bonds have been conditioned on the Map and
will ensure the Map's compliance with all provisions of the Municipal
Code. Additionally, the two parcels created by Parcel Map 90-403 meet
all required development standards of Municipal Code Section 9-3.414
(Development Standards).
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3. The project site is physically suitable for most types of development
since it has adequate lot area per the GM zone district, typical
configuration, and has fairly level topography.
4. The design and improvements of the proposed project will not cause
substantial environmental damage; nor will said design or improvements
avoidably injure wildlife or their habitat in that the initial study prepared
for the proposal did not identify any significant environmental impacts.
5. The design or improvements of the proposed project will not cause
serious public health problems in that the initial study prepared for the
project did not identify any potential public health problems.
Additionally, standard conditions of approval for subdivisions, including
the preparation and approval of geotechnical and hydrological feasibility
studies will further mitigate any potential impact to a level of non-
significance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby approve Tentative Parcel Map 90-403 and does hereby
certify the project's Mitigated Negative Declaration, subject to the following conditions:
A. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this
project approval shall expire two years from the City Council approval
date, unless the tentative map approval is extended. The project
approval is for a tentative parcel map only and does not include
provisions for construction on the site. The map shall be in compliance
with all applicable provisions of Chapter 4, Title 9 of the Municipal
Code.
B. Prior to final map approval, the subdivider shall submit the following to
the Engineering Division and where applicable secure approval from the
City Engineer:
1. An updated copy of the title search.
2. A copy of the 16 -foot -wide crossing agreement by contract No.
40390, dated March 21, 1956, with AT&SF Railway to substantiate
existing access to Parcel 2.
C. The applicant shall include the following dedications on the Final Map:
1. All land 25 feet from the center line of a proposed public access
road.
2. A 20 -foot diagonal corner cut-off at the corners of the access road
to a public street and use 35 -foot curb return radii.
3. All land 25 feet from the center line of the proposed public access
road from a public roadway to this property.
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4. Appropriate easements to the City for emergency and public
security ingress and egress purposes.
5. Vehicular access rights shall be released and relinquished to the
City of San Juan Capistrano, except at street intersections and
approved driveway locations.
6. Drainage and sewer facilities shall be provided with necessary
easements for main line facilities not within public right-of-way
where required by the City Engineer and in accordance with the
Master Plan of Drainage.
D. Prior to any construction on the property, the developer shall submit the
following to the Engineering Department, and where applicable, secure
approval from the city Engineer, or comply with the following:
1. All Special Area AO Flood Hazard requirements.
2. Notarized written permission of the property owner affected for
off-site grading.
3. Secure approval for connections to City or County storm drains
from private on-site drains.
4. Submit grading, sewer, water, storm drain, street striping, and
street improvement plans.
5. Submit a storm run-off study and soils report showing existing and
proposed facilities, hydraulic and hydrologic calculations, and the
method of draining this area and tributary areas without exceeding
the capacity of any street or facility on-site or off-site.
6. Submit a deposit for design and construction of traffic signals at
affected intersections. Level of participation shall be based on
traffic generation and shall be determined by the City Engineer in
conjunction with a Traffic Study submitted by the Developer.
7. Submit a copy of an Industrial Storm Water Runoff permit obtained
from the San Diego Regional Water Quality Board.
8. Water wells on this development are to be capped to City
Standards. Should the Developer desire to keep the water well on
site in use, approval must be obtained from the City Engineer.
9. Submit a set of conditions, covenants, and restrictions (CC&R's) for
the project. Said CC&R's shall be subject to review and approval
by the Director of Planning, City Engineer, and City Attorney. The
CC&R's shall be recorded with the County and shall include at the
minimum:
a. Provisions on the use and maintenance of common areas by
the owners' association.
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b. Provisions prohibiting radio and television antennas from
project above any roof eaves.
E. Prior to any development on Parcel 2, the development applicant shall
prepare a program for buffering the impacts of that development on the
adjacent mobile home park; such buffering program to be approved by
the City Council.
PASSED, APPROVED, AND ADOPTED this 7th day
of July .1992.
GIL JONES, MAYOR
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. 92-7-7-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of July , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris,
Vasquez and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO CITY CLERK
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