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Resolution Number 06-11-21-04 RESOLUTION NO. 06-11-21-0 4 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A MINOR MODIFICATION TO THE PRELIMINARY GRADING PLAN TO ALLOW OFF- SITE GRADING FOR REVISED VESTING TENTATIVE TRACT MAP(VTTM) 14343, SAN JUAN MEADOWS LOCATED ALONG LA NOVIA AVENUE AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER(S) 666-311-01, 02, AND 03 (SAN JUAN MEADOWS) Whereas, Advanced Group 99-SJ has requested approval of a minor modification to the preliminary grading plan to allow off-site grading for slope stabilization for Revised Vesting Tentative Tract Map (VTTM) 14343, San Juan Meadows. The proposed off-site grading would occur within a heavily eroded drainage swale within City open space directly adjoining the east boundary of the proposed project, and encompasses less than one acre and a maximum 10,000 cubic yards of fill; and, Whereas, the proposed project has been processed pursuant to the Land Use Code and more specifically, the provisions of Section 9-2.303(a)(9) grants the Planning Director decision-making authority over"modifications which are minorin nature to approved tentative tract or parcel maps" and the tract map conditions of approval ' provide that the City Council retains decision-making authority over off-site grading; and, Whereas, the Environmental Administrator has determined that this project has been previously reviewed in accordance with the California Environmental Quality Act (1970); the City has previously certified a Final Environmental Impact Report (FEIR) and has previously approved a Mitigated Negative Declaration (MND).The mitigation measures that have been established with respect to grading and landform alteration sufficiently address the project's environmental impacts. The City's Environmental Administrator has determined that all project impacts have been addressed by the previously approved environmental documentation and no further environmental review is necessary; and, Whereas, the City Council conducted a public meeting on November 21, 2006 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically,the Open Space and Conservation Element, the Parks and Recreation Element, and the Public Safety Element because the project either accomplishes or results in the following: 1 1 SP a.) provides grading improvements which consist of slope stabilization within _ City open space lands and protects said lands from damage resulting from mass movementwhich could damagetrail improvements and existing natural habitat; and, b.) provides grading improvements which consist of slope stabilization within City open space lands which could limit or restrict public access and enjoyment of public open space lands; and, c.) provides grading improvements which consist of slope stabilization within City open space lands which protect future homes and site improvements (e.g. private streets, utilities, pedestrian walks, private yards, etc.) in the San Juan Meadows project from potential mass soil movement. NOW,THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano hereby approves a minor modification to the preliminary grading plan to allow off-site grading for slope stabilization subject to the conditions of approval established in Exhibit "A" attached hereto and incorporated herein. PASSED, APPROVED AND ADOPTED this 215t day of November, 2006. DAVID M. SWERDLIK, MAYOR M ar Mo ah n, ity rk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No.06-11-21-04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21't day of November 2006, by the following vote: AYES: OUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato and Mayor Swerdlin NOES: C U C MEMBER: None ABSENT-- C MEMBER: None MAR A ONA N, City le 2 SP ' EXHIBIT A CONDITIONS OF APPROVAL MINOR MODIFICATION TO THE PRELIMINARY GRADING PLAN VTTM 14343, SAN JUAN MEADOWS General Conditions: 1. All building and/or grading permit plans and physical development of the project site shall be in substantial conformance with the project plans as approved by the City Council Planning Commission in conjunction with this discretionary application and comprising less than one acre and not more than about 10,000 cubic yards (CY) as outlined on the preliminary grading plan depicted in Exhibit B, Proposed Off-site Grading for Slope Stabilization for VTTM 14343, San Juan Meadows. Minor modifications that are determined by the Planning Director to be in substantial compliance with the City Council-approved plans and that do not intensify nor change the use nor require any deviations from City standards, may be approved by the Planning Director pursuant to Title 9, Land Use Code. (PLN) 2. Approval of this application does not relieve the applicant from complying with other applicable federal, state, County of Orange or City regulations or requirements. (PLN) ' 3. The applicant, its agents, and assignees shall defend, indemnify, and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, or void or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under Municipal Code Title 9 land use approvals. Upon notice provided by the City to the applicant, its agents, or assignees, of service of process of such claims or actions, the project proponent, it agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. (PLN) 5. The applicant or his/her successors in ownership, shall be responsible for informing all subcontractors, consultants, engineers, other business entities providing services related to the project, or any subsequent owner should the project be sold, of their responsibilities to comply with these conditions and all pertinent requirements in the San Juan Capistrano Municipal Code, including, but not limited to, the requirements for all contractors to obtain a City business license, and for approval by the Planning Department of a Temporary Use Permit for construction trailers and staging areas. (PLN) 6. The applicant shall pay all fees at the time fees are determined payable, ' including any required supplemental plan check fees due to plan revisions, and comply with all requirements of the applicable federal, state, County of Orange, City and other local agencies. (PLN) Minor Modification to VTTM 14343 Conditions of Approval page 2 of 2 Date of Approval:November 21, 2006 8. Should any discrepancy arise between these conditions and subsequent conditions established by final revised plans approved for any subsequent phase, those conditions established as part of the later approval shall prevail. (PLN) Project Specific Conditions: 10. Grading Coordination. Prior to issuance of any grading permit, the applicant shall submit a final grading plan subject to review and approval by the Planning Director and the Engineering & Building Director depicting grading limits, grading quantity, cross-sections, preliminary landscaping and proposed fencing details. 11. License Agreement. The developer shall prepare and submit a license agreement in a form acceptable to the City which provides for the San Juan Meadows Homeowners Association to provide long term maintenance of the area subject to the limits of grading and all adjoining slopes to such grading as outlined on Attachment 1. 12. Maintenance Agreement. The developer shall execute a maintenance agreement, in a form acceptable to the City, which shall bind himself/herself, and his/her successors in ownership, in perpetuity, for the maintenance of the off-site grading area and all adjoining slopes to such grading as outlined on Attachment 1. Responsible Agencies: ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority PD = Police Services Department AM = Archeological Monitor PM = Paleontological Monitor MLD = Most Likely Descendent PC = Planning Commission DRC = Design Review Committee CHC = Cultural Heritage Commission PAPIanning%Archive\TTM PROJECTS\T14343-SanJuanMeadows(1998)\t14343rev(1998}CC-conditions.doc Of yy� IAN W)O 111,1101 �Ni • A l ,�. ♦1 ��R '�� c�' °` �`i<<�1�� ''w1g�, i ► �� =��' ral MKIII " a I10►1 • p� Ili�,• R. 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