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Resolution Number 01-6-5-6023 RESOLUTION NO. 01-6-5-6 TENTATIVE PARCEL MAP TPM 00-215 BECK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING A NEGATIVE DECLARATION AND APPROVING THREE (3) LOT TENTATIVE PARCEL MAP (TPM) FOR A 5.92 ACRE PARCEL LOCATED AT 32395 DEL OBISPO STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 673-061-08. (BECK) Whereas, the applicant, Dorothy & Bob Beck, 32395 Del Obispo Street, San Juan Capistrano, CA. 92675 has requested approval of a tentative parcel map (TPM) to subdivide an existing 5.92 acre parcel into three (3) residential lots approximately 1.0 net acre in size, with the remainder lot being 2.92 acres in size. The subdivision also includes an existing 30 foot public utility and public road easement across lots one, two, and three, and an existing private 15 foot utility and road easement across the remainder lot, and a portion of lot two located at 32395 Del Obispo Street which is General Plan -designated "VLD, Very Low Density Residential" and classified as "EL, Large Estate" on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the public access easements, accepted by the City Council of the City of San Juan Capistrano by Resolution No. 00-6-20-6 and No. 00-6-20-7, adopted on June 20, 2000 establishes public access from Del Obispo to Calle Ricardo; and, Whereas, the Environmental Administrator has reviewed the project, and caused an initial study to be prepared pursuant to Section 15063 of the CEQA Guidelines and, pursuant to Section 15070 of the CEQA Guidelines, has issued a negative declaration and caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission has considered the Environmental Review Board's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, did forward a recommendation of approval of a Negative Declaration to the City Council for their approval;and, Whereas, the Planning Commission conducted a duly noticed public hearing on May 8, 2001 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project, and did forward the proposed Tentative Parcel Map to the City Council for their approval; and, 024 Whereas, the City Council conducted a duly noticed public hearing on June 5, 2001 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 Land Use Element which designates the property as "VLD, Very Low Density Residential' (1.0 du/acre) which would allow a maximum of five (5) single family residential lots on the property, and the project proposes three (3) lots; and, 2. The proposed project complies with all applicable provisions of the Land Use Code and specifically Section 9-3.424, Development Standards for the "EL" (Large Estate Residential) zone district subject to conditions of approval contained in this resolution; and, 3. The proposed project complies with all applicable provisions of Article 4 of Title 9 "Subdivision Regulations" with respect to street design, grading, storm water management, water facilities, and park dedication subject to the conditions of approval contained in this resolution; and, 4. The project site is physically suitable for the proposed type and density of development; and, 5. The proposed project complies with all applicable provisions of the California Environmental Quality Act (CEQA), in that the City prepared an initial study and issued a negative declaration which determined that the subdivision and proposed improvements will not cause substantial environmental damage nor will they substantially and avoidably injure fish or wildlife or their habitat; and, 6. The design of the subdivision and the type of improvements will not cause serious public health problems; and, 7. The design of the subdivision or associated improvements will not conflict with any associated easements; and, 8. The design of the subdivision or improvements associated with the project will not interfere with the maintenance or preservation of any historical sites; and, 9. The General Plan Land Use Element designates the land as "VLD; Very Low Density Residential', and no further subdivision is possible without amendment of the General Plan; and, 2 025 _. 10. The request for an offer to dedicate to the City a 15' wide sewer easement along the easterly property boundaries of parcels 1, 2, 3, and the remainder parcel is reasonable, and in the publics best interest; and, 11. The conditions placed upon the subject parcel map for the purpose of public access are done so to ensure that public safety is provided for, and in a manner that does not violate the existing License Agreement between the City and the Scalzo Family Trust. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby certify a negative declaration and approves Tentative Parcel Map 00-215, subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Expiration of Approval - In accordance with the California Subdivision Map Act, this tentative parcel map shall expire 24 months from the date of tentative map approval. 2. Home Warran - The provisions of Title 8, Chapter 9 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation _ selling or offering for sale within the project area, three (3) or more dwelling units not previously occupied for residential purposes during any twelve (12) month period. 3. CC&R's - A set of conditions, covenants and restrictions (CC&R's) shall be prepared and implemented for the project. The CC&R's shall be approved by the Planning Director and City Attorney prior to final map approval and will include at a minimum: a. Specifications and responsibility for maintenance of the privately constructed street and landscaping within the 30' (foot) public access and utility easement as per license agreement recorded as document no. 20000356142. 4. Water - Water transmission and distribution facilities shall be designed, constructed, and dedicated in accordance with Section 9-4.109 of the Municipal Code and the requirements of Capistrano Valley Water District. Such distribution facilities and appurtenances shall be approved by the County Fire Marshall prior to issuance of building permits. 5. Utility Lines - All parcels shall be connected to a public sewer as the property is located within 200' of the public sewer at Del Obispo Street. A -- private sewer is located within the northeasterly portion of the parcels and is available for use per an agreementleasement recorded as Document No. 89- 159473. Water shall be provided in conjunction with an 3 026 easement/agreement recorded in Book 5884, page 182 of Records of the County of Orange. 6. Grading Plan - A final grading plan for the project shall be approved by the Planning Director prior to issuance of grading permits. 7. Tree Plan - A tree plan for the project shall be approved by the Planning Director prior to final map approval. The tree plan shall include the following: a. Existing trees shall be shown on plans, including their sizes and species. All existing trees to be removed or relocated shall be indicated on such plans. 8. Vehicle Access - The improved 30' (foot) wide public access road serving parcels 1,2, and 3 shall not be barricaded, constructed or developed in any way that will impair the access rights of adjoining property owners. 9. Fees and Permits - Final Map Checking fees in the amount of $1,400 shall be paid prior to review of the Final Map. Park and Recreation fees, $4840 per unit ($14,520 total) and Drainage Area Fee, $1,170 per acre ($3,510 total) shall be paid prior to Final Map approval. Building and grading plan check, permit and other applicable fees shall be paid prior to issuance of building permits. No work may commence prior to issuance of an applicable permit by the City Building Official. 10. Access Road - The Pubic Access Road shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code, the requirements of the City of San Juan Capistrano Building and Engineering Department, and a License Agreement between the City of San Juan Capistrano and the Scalzo Family Trust recorded as Document No. 20000356142. 11. Turn -Around Access Easement - Prior to final map approval the applicant shall incorporate Solid Waste Collection access in a manner that provides a radius turn around (off -set cul-de-sac), or hammerhead, either of which shall provide adequate radius and road surface material to accommodate trash trucks, or note on map that waste receptacles shall be placed along the closest public roadside (Del Obispo Street). 12. Recycling - The applicant shall recycle debris from construction and development of the proposed lots in accordance with San Juan Capistrano Municipal Code Section 9-3.629. 4 Engineerina Conditions of Approval 027 13. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. Compliance. The 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 satisfaction performance (Engr.). C. Permission to Grade from Neighbor. The applicant shall submit to the City Engineer and to the Building and Safety Manager, for any necessitated off- site grading, a written permission from adjacent property owners affected by said off-site grading (Engr.). d. Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for, a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title Report (Engr.). e. Drainage Easement Dedication. Prior to Final Map Approval, the Applicant shall dedicate a 10 foot wide drainage easement along the southwesterly property boundary of the remainder parcel (shown as: Not a Part on the Tentative Map) for the benefit of Parcels 1 and 2 of Parcel Map 2000-215. Any drainage facilities within said easement shall be maintained, in perpetuity, by the owner of said remainder Parcel. Additionally, any cross property drainage between the parcels, within this subdivision, shall be identified on the final map and shall be located within easements to the satisfaction of the City Engineer. Each parcel shall maintain all drainage facilities located within its property boundaries.(Engr.). Sewer easement Dedication Offer. Prior to Final Map Approval, the Applicant shall offer to dedicate to the City a 15 foot wide sewer easement along the easterly property boundary of Parcels 2, 3 and the remainder parcel (shown as: Not a Part on the Tentative Map). Said easement width may be reduced by the City Engineer at the time of City acceptance if, upon verification of the existing sewer line's horizontal alignment, the entire 15 feet width is not needed.(Engr.). g. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval 5 of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January28,1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the Q& of the final County Surveyor approved digital map in a DXF format (Engr.). 14. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS a. Submit Mylar of Final Map. The applicant shall submit to the City Engineer a reproducible copy/Mylar of the project's recorded Final Map (Engr.). b. Prior to issuance of building permits for each parcel, Storm Runoff, Hydraulic/hydrology Calculations shall be submitted to the City Engineer for review and obtain approval for, a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). 15. PRIOR TO ISSUANCE OF BUILDING PERMITS FOR PARCELS ONE, TWO AND THREE: a. Access Road Participation. Each parcel owner, excluding the remainder parcel, shall financially participate for his/her fair -share in the development of the proposed public access road serving the parcels in accordance with the existing License Agreement, between the City of San Juan Capistrano and the Scalzo Family Trust, recorded as Document No. 20000356142 (Engr.). b. Responsibility to Construct Drainage Improvements. Prior to the issuance of the first Building Permit within Parcel Map 2000-215, the applicant shall construct , to the satisfaction of the City Engineer, all necessary drainage improvement shown on said Tentative Parcel Map, including the retaining wall along the southwesterly property boundary of parcel one and of the Remaining Parcel (shown as: Not a Part) and also, including the transition and connection from the concrete open channel drain, shown on the map, to the existing 54 -inch storm drain pipe along Del Obispo Street. (Engr.). C. Financial Participation for a proposed Storm Drain Pipe and appurtenances. Prior to the issuance of Building Permits within Parcel Map 2000-215, Any runoff entering the proposed storm drains system, along the public access road, from private on-site drains shall be subject to a fair share 1.1 029 financial participation. Said participation, if any, shall be relative to the percentage of runoff contributed by each parcel within the watershed serviced by the proposed storm drain pipe, as approved by the City Engineer. (Engr.). 16. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY a. Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). 17. Orange County Fire Authority Conditions In the event that compliance with Orange County Fire Authority standards for access, turn around and other elements requires modifications to the Tentative Parcel Map, the map must be modified accordingly. Any changes to the Tentative Parcel Map to meet such standards must be in accordance with all applicable City codes, ordinances and conditions. A. FIRE HYDRANTS (1.) Prior to the recordation of a tentative parcel map, the applicant shah submit to the Fire Chief evidence that the location of the nearest fire hydrant is in compliance with applicable requirements. B. WATER AVAILABILITY (1.) Prior to issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authorily Water Availabilily for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. C. AUTOMATIC FIRE SPRINKLER SYSTEMS (1). Prior to issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. (2). Prior to issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 7 030 D. FIRE ACCESS ROADS (1). Prior to the recordation of a final map, the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the County. (2). Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets, and courts, public or private, from the Fire Chief in consultation with the City Staff. The plans shall include the plan view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps/ humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please note that this condition is being refined to note that if an OCFA approved roadway and gate are provided on the main access road off of Del Obispo to Calle Ricardo, a turnaround or hammerhead will not be required. However, a turnaround or hammerhead may be required for the access road/driveway between Parcels 2 and 3. in addition, the minimum width of fire access roadways is 20', which also applies to the road/driveway between Parcels 2 and 3. E. STREET MARKINGS (1). Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signs. A drawing of the proposed signs with the height, stroke and color of lettering and the contrasting background color shall be submitted to, and approved by the Fire Chief. (2). Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. F. FUEL MODIFICATION (1.) Prior to the issuance of a preliminary grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with City Staff, of a conceptual fuel modification plan and program. (2.) Prior to issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Manager, Subdivision and Grading Services, of a precise fuel modification plan and program. The plan shall 0 031 indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. (3.) Prior to the issuance of a building permit, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on-site inspection. (4.) Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. G. ACCESS GATES (1.) Prior to issuance of any grading permits, the applicant shall submit and obtain the Fire Chief's approval for the construction of any gate across required fire authority access roads/ drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." H. COMBUSTIBLE CONSTRUCTION LETTER (1.) Combustible Construction Letter. Prior to issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire -fighting purposes and the all weather fire protection access roads shall be in place and operational before any combustible material is placed on-site. Approval shall be subject to an on-site inspection prior to the issuance of a building permit. Capistrano Valley Water District Conditions of Approval 18. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. The applicant shall fulfill all applicable Water Development Charges, as last revised, and post the required securities in compliance with Capistrano Valley Water District (CVWD) standard specifications. In accordance with the water easement/agreement , recorded in book 5884, page 182 of Records of the County of Orange, a fee credit for one (1) water service connection shall apply to said TPM 00-215. 032 b. The applicant shall be responsible to obtain, from the Orange County Fire Authority (OCFA) the required fire flow demands and fire protection requirements to service said TPM 00-215. 19. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS: a. The applicant shall construct all applicable water service connections necessary to serve each parcel. If the existing water service (credit) is not in the correct location to serve one of the three parcels, that service shall be abandoned and reconstructed in the appropriate location, in accordance with CVWD standard specifications, at the applicants cost. The water service connection credit shall remain in affect at the new location. PASSED, APPROVED, AND ADOPTED this 5th day of June 2001. WYATT AR ,MAYO A T• ���� MAR A T R. MO AHAN, CITY CLERK -I& 033 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. 01-6-5-6 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 5th day of June 2001, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS Bathgate, Greiner, Gelff, Swerdlin and Mayor Hart None None ET R. MONAHAN, City Clerk