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Resolution Number 00-9-5-4RESOLUTION NO. 00-9-5-4 APPROVING TENTATIVE PARCEL MAP 99-174 (RESCO DEVELOPMENT COMPANY/GATEWAY COMMUNITY CHURCH) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TWO -LOT PARCEL MAP SOUTHEAST OF THE INTERSECTION OF RANCHO VIEJO ROAD AND VIA ESCOLAR (RESCO DEVELOPMENT COMPANY/GATEWAY COMMUNITY CHURCH) WHEREAS, the applicant, Ronald Soderling, Resco Development Company, 1400 :North Bristol Street, Suite 150, Irvine, California 92714, has submitted a two -lot subdivision of an 11.46 -acre parcel. Lot 1 would measure 7.38 acres and would encompass the knoll on the northern portion of the site and the approved (but unconstructed) Gateway Community Church. Lot 2 would measure 4.08 acres and would encompass a building pad approved for future commercial office use. The site is approximately 11.6 acres located southeast of the intersection of Rancho Viejo Road and Via Escolar; and, WHEREAS, this proposal has been reviewed in accordance with the California Environmental Quality Act (CEQA, 1970). The City's Environmental ' Administrator has reviewed this project and determined that it qualifies for issuance of a Categorical Exemption (Class 15, Minor Divisions of Land); and, WHEREAS, on July 11, 2000, the Planning Commission held a duly - noticed public hearing to consider testimony, both in favor or and in opposition to, Tentative Parcel Map 99-174, and continued consideration of this item to August 8, 2000; and, WHEREAS, on August 8, 2000, the Planning Commission held a duly - noticed public hearing to consider testimony, both in favor of and in opposition to, Tentative Parcel Map 99-174, and forwarded a recommendation of approval of the City Council; and, WHEREAS, on September 5, 2000, the City Council held a duly -noticed public hearing to consider testimony, both in favor of and in opposition to, Tentative Parcel Map 99-174. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: 1. The project site is subject to the development standards of Specific Development Plan 90-02, as amended by Ordinance No. 797 on May 20, 1997. While ' the Specific Development Plan does not contain standards for minimum lot areas or frontages, it does contain a list of permitted uses. The proposed map will accommodate development of a church on Parcel 1 and an office building on Parcel 2, consistent with -1- SF 059 M1 the permitted uses within the Specific Development Plan, and the Public and Institutional land use designation of the General Plan. Furthermore, this proposal will not alter or amend any conditions of approval or mitigation measures previously applied to the project, nor will it alter or amend any of the provisions, including but not limited to, permitted and prohibited uses and design standards, contained in Specific Development Plan 90-02, as amended by Ordinance No. 797 on May 20, 1997. 2. The proposed map has been designed to accommodate the improvements of the site plan for Specific Development Plan 90-02, including building pads and a single access drive to serve these pads. 3. Physical suitability of the site for the proposed development, including grading and access, was established during review of Specific Development Plan 90-02. the proposed map will accommodate improvements which have been reviewed and approved by the City. 4. Physical suitability of the site for the density of development, including open space and land form alteration, was established during review of Specific Development Plan 90-02. The proposed map will accommodate development in accordance with the Specific Development Plan. 5. The proposed map is for the purpose of dividing the property for future sale. The proposed subdivision will not permit uses or physical development beyond that which is already permitted. Furthermore, the project site does not contain significant wildlife habitat, or serve as a wildlife corridor. Therefore, the design of the map and the type of improvements proposed are not likely to cause substantial environmental damage or injure fish or wildlife habitat. 6. The proposed map is for the purpose of dividing the property for future sale. The proposed subdivision will not permit uses or physical development beyond that which is already permitted. Therefore, the design of the map and the type of improvements proposed are not likely to cause any serious public health problems. 7. Both proposed lots are served by a single access driveway, providing access to Rancho Viejo Road. Additionally, there are no access easements through this property to adjacent properties, and therefore the proposed map will not conflict with existing easements. 8. The proposed subdivision is not located in close proximity to any known historic sites. Standard conditions of approval regarding archeological monitoring are in place for construction of the church. BE IT FURTHER RESOLVED, that the City Council hereby approves Tentative Parcel Map 99-174, subject to the following conditions: -2- SF 1. Prior to recordation of a final map, the applicant shall dedicate an easement to the City of San Juan Capistrano for public sewer purposes through Parcels 1 and 2 to the southern boundary of the Parcel Map (final location to be determined by the City Engineer, and to be compatible with the future design of the commercial office development on Parcel 2). 2. The project site, and all development on said site, shall be subject to the development standards of Specific Development Plan 90-02, as amended by Ordinance No. 797 on May 20, 1997. 3. PRIOR TO FINAL MAP APPROVAL BY THE CITY COUNCIL a. Compliance. The Tract/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, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.) b. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316, and post securities to insure satisfactory performance (Engr). C. Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Rancho Viejo Road except at street intersections, and City -approved driveway locations" (Engr). d. Prior to recordation of a final map the applicant shall submit CC&Rs which provide for the mutual access of Lots 1 and 2 (the church and commercial office respectively), indicate the maintenance responsibilities for all utilities, landscaping, parking areas and all other common facilities throughout the project site, and incorporate the relevant sections of Ordinance No. 797. These CC&Rs shall be approved by the Planning Director and the City Engineer. PASSED, APPROVED AND ADOPTED this 5th day of Sept mer, 2000. COLLEME CAMPBELL, MAYOR ATTEST: "Ok CITY CLEIRK SP -3- 061 062 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. 00-9-5-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 5th day of September, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (Seal) CHERYL JOHNSON, CITY CLERK In SF STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 98-12-15-1, and on the7th day of September, 2000, 1 caused to be posted: RESOLUTION NO. 00-9-5-4, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TWO -LOT PARCEL MAP SOUTHEAST OF THE INTERSECTION OF RANCHO VIEJO ROAD AND ' VIA ESCOLAR (RESCO DEVELOPMENT COMPANY/GATEWAY COMMUNITY CHURCH) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception area, Orange County Public Library. CHERYL O SON, CITY CLERK San Juan Capistrano, California SP 063