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Resolution Number 92-1-7-3RESOLUTION NO. 92-1-7-3 APPROVAL OF PARCEL MAP 91-143 (STROSCHER) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING PARCEL MAP 91-143 FOR THE PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF DEL OBISPO STREET AND ORTEGA HIGHWAY - ASSESSOR'S PARCEL NUMBERS 668-242-11, 668-242-12, 124-160-47, 124-160-49, 124-160-53 AND 124-160-54 (STROSCHER) WHEREAS, the applicant, Ted Stroscher, 31882 Del Obispo Street, San Juan Capistrano 92675, has submitted applications for approval of Tentative Parcel Map 91- 143 for the property located northwest of the intersection of Del Obispo Street and Ortega Highway; and, WHEREAS, the proposal has been reviewed by the City in accordance with the California Environmental Quality Act Guidelines and it has been determined that the project could not have a potentially significant environmental effect; the City has therefore issued a Notice of Exemption; and, WHEREAS, on November 13, 1991, the City's Traffic and Transportation Commission reviewed the subject proposal and recommended approval subject to conditions; and, WHEREAS, on November 26, 1991, the City's Planning Commission reviewed the subject proposal and recommended approval subject to conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find and determine as follows: A. The map is consistent with the Municipal Code in that the parcels created meet the Development Standards for the General Commercial (CG) District as set forth in Section 9-3.424 (Development Standards) of the Municipal Code, with regards to lot area, street frontage and setbacks from the proposed property lines. The proposed map is consistent with the General Plan in that the existing uses are consistent with the General Commercial designation on the General Plan Map and there are no proposed changes in use connected with this map. The design of the improvements for the subject parcel map are consistent with the General Plan in that the map provides direct street frontage for commercial and industrial uses, which is encouraged by the General Plan as a way to maintain the desirable level of service necessary to handle larger volumes of traffic. -1- f':o f : C. All individual developments within the project boundaries were evaluated for suitability during the Architectural Control Review. Any future changes in the development of the site will also be subject to Architectural Control review. D. The parcel map does not have the potential to cause, directly or indirectly, any substantial environmental damage or injure fish or wildlife or their habitats, as lands within the project site have been substantially developed, and no additional development is proposed at this time. The subject parcel map does not have the potential to cause serious health problems in that the subdivision does not include the construction of any improvements. The subdivision has been designed only to facilitate future conveyance of existing commercial facilities. F. The subject parcel map will provide for adequate public access to those parcels contained within the project boundaries as well as those adjacent to the project in that an easement for public street purposes, which encompasses Del Obispo Street, and all that property from the south property line of the subject site to the centerline of Forster Street, is included as part of this parcel map. G. The subject parcel map, as conditioned, will preserve important on-site historic resources in that the necessary easements for the use and maintenance of the orchard wall site for the Historic Depiction Program will be provided. BE IT FURTHER RESOLVED, that the City Council does hereby approve Tentative Parcel Map 91-143 subject to the following conditions: 1. The applicant shall dedicate, on the final map, an easement in favor of the City for the use, access and maintenance of the Historical Depiction Program for the orchard wall on Parcel 3. The easement agreement shall be reviewed and approved by the Director of Planning Services and the Community Development Manager prior to final map approval. The applicant shall dedicate easements over Parcels 5 and 6 for public street purposes on the final map. The lot line between Parcels 2 and 3 shall be adjusted southerly on the final map so as to include the retaining wall within Parcel 2; or, A covenant shall be recorded prior to final map approval by the property owner of the retaining wall to maintain lateral support for Parcel 2; or, Some other method approved by the City Attorney shall be accomplished by which the City can be relieved of any liability due to failure of lateral support for Parcel 2. Ira 9 .��,, 4. The two existing driveways on Parcel 2 shall be replaced with one driveway at the time of development. PASSED, APPROVED, AND ADOPTED this of January , 1992. ATTEST: � "-.� 7 � r GIL JONES;- YOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 7th day 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.g?_t_v_-i adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of January , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) -,/.jK�/.®i� L CHERYL JOH ON TY CLERK -3-