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Resolution Number 88-4-5-1RESOLUTION NO. 88-4-5-1 APPROVING 035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 87-476 (CAPISTRANO ENTER PRISES/SELIGMAN) (RANCHO VIEJO ROAD/PASEO ESPADA) WHEREAS, the applicant, Fred M. Seligman, Capistrano Enterprises, 2100 Howell Avenue, Suite 109, Anaheim, California, has submitted Tentative Parcel Map 87-476, proposing to consolidate five parcels of land into one parcel located on Assessor's Parcel No. 661-131-12; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project is categorically exempt (Class 15) from environmental review; and, WHEREAS, the City Planning Commission has forwarded the subject map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: The proposed map, as conditioned, and its design and improvements, is consistent with the 4.0 (Industrial Park) designation on the General Plan map and is otherwise consistent with all other elements of the General Plan. 2. The proposed map, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and Specific Development Plan 78-1 and is consistent with the approved concept plan Architectural Control 87-9 (Seligman). 3. The project site is physically suitable for the type and density of the proposed development. 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. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property wit(tin the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. BE 036 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Parcel Map 87-476, subject to the following conditions: 1. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this tentative parcel map shall expire on April 5, 1990; i.e, two years from the City Council approval date. If said map has not been recorded by that date, the tentative parcel map shall become null and void. 2. Grading a. The retaining wall on the northern portion of the site shall be located as close to the property line as possible and designed to not conflict with the sewer line improvements. b. The finished grade on the southern portion of the site shall be lowered to reduce the amount of fill and eliminate the use of retaining walls. 3. Public Improvements a. The active sewer line within the 10 -foot sewer easement proposed to be abandoned shall be relocated to within the 20 -foot easement on the north property line. b. The applicant shall coordinate with the Capistrano Valley Water District to vacate the 10 -foot access easement along the west property line. C. The westerly portion of the Paseo Espada right-of-way shall be vacated. A new cul-de-sac shall be constructed and dedicated consistent with the design standards of the Municipal Code and the location identified on the site plan. d. It shall be the responsibility of the developer to provide and implement a drainage plan acceptable to the City Engineer to insure that no off-site drainage problems are created on adjacent parcels. e. Appropriate easements to the City for emergency and public security ingress and egress purposes shall be dedicated to the City. I. Drainage facilities shall be provided for mail line facilities not within public right-of-way where required by the City Engineer and in accordance with the Master Plan of Drainage. Easements for said facilities are to be dedicated to the City. -2- 037 g. The applicant shall participate in a pro rata share for the installation of a traffic signal at the intersection of Rancho Viejo Road and Paseo Espada if, after a study prepared by City staff, such a signal is warranted. PASSED, APPROVED, AND ADOPTED this 5th day Of April 1988. ANTHONY L. BLAND, MAYOR ATTEST: CITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, 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. 88-4-5-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of Anril , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, and Mayor Bland NOES: None ABSENT: Councilman Hausdorfer (SEAL) MARY ANN ANOVER, CITY CLERK -3-