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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,
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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,
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_. 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
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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.
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Engineerina Conditions of Approval
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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
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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
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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.
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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
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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.
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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