Resolution Number 08-09-16-0511
RESOLUTION NO. 08-09-16-0 S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CLARIFICATIONS AND
MODIFICATIONS TO SEVERAL CONDITIONS OF APPROVAL OF
TENTATIVE TRACT MAP 16146 (SCALZO FAMILY TRUST).
Whereas, on December 20, 2005, the City Council of the City of San Juan
Capistrano conditionally approved an application by the Scalzo Family Trust (Applicant) for
the approval of Tentative Tract 16146 to create 31 single-family lots on 16.14 acre parcel
of property located at 32281 Del Obispo Street. The subject property is General Plan -
designated "LD" (Low Density Residential 1.0-2.0 du/ac) and classified as "HR" (Hillside
Residential) on the Official Zoning Map; and,
Whereas, the Applicant subsequently challenged 16 of the 121 conditions of which
the court remanded back to the City 7 of the conditions for reconsideration; and,
Whereas, the clarifications and modifications are within the scope of the previously
approved Mitigated Negative Declaration pursuant to the CEQA Guidelines; and,
Whereas, on August 26, 2008 the proposed clarifications and modifications to
Tentative Tract Map 16146 were reviewed by the Planning Commission; and
Whereas, on September 16, 2008 the City Council conducted a duly -noticed public
hearing on the application pursuant to the Court's order.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
The proposed modifications and clarifications of the conditions of Tentative Tract
Map 16146, with the recommended conditions of approval, is consistent with the
policies and objectives of the San Juan Capistrano General Plan, including the
policies and objectives relating to hillside residential guidelines, preservation of
natural drainage areas, circulation, and recreational trails; and
2. The proposed modifications are not likely to cause substantial environmental
damage or substantial or unavoidably injure fish or wildlife or their habitat in that
both the original conditions of approval that are not modified and the new conditions
of approval will ensure that potential impacts to the drainage course adjacent to the
northeastern boundary of the project site will be mitigated below the level of
significance; and
3. The clarifications and modifications to the prior conditions of approval are not likely
to cause serious public health problems in that, issues such as traffic safety,
drainage and/or wastewater runoff will be mitigated through previously imposed
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mitigations measures and conditions of approval which are unchanged, and these
clarifications and modified conditions of approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby: approves the clarifications and modifications to the
conditions of approval as provided for in the attached Exhibit A.
PASSED, APPROVED AND ADOPTED this th day of S p ember 2008.
MA K NIELS N, M YOR PRO TEM
ATTEST: VJ All\�
0AkGAfZET MONAHAN, CITY CLERK
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. 08-09-16-05 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 16th day of September 2008, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBER:
RECUSE: CO GMEMBER:
M G ET R. MONAHAN, City Clerk
Allevato, Hribar, Uso, and Mayor pro tem Nielsen
None
Mayor Soto
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EXHIBIT A
MODIFICATIONS TO CERTAIN CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT 16146 — BELLADONNA ESTATES (SCALZO
FAMILY TRUST) PURSUANT TO WRIT OF MANDATE
Except as otherwise expressly provided below, all of the conditions of approval
adopted by Resolution No. 05-12-20-02, by which the City Council approved the
Tentative Tract map No. 16146, shall remain in full force and effect and shall be
binding on the applicant to the same extent as if set forth in full herein. As used in
these conditions, and prior conditions of approval, the term applicant shall also
mean the owner of the property subject to this approval, the developer, and any
successor(s) in interest to the terms of this approval.
Pursuant to the Peremptory Writ of Mandamus issued June 5, 2008 by the
Orange County Superior Court, Case No. 06CC04179, the City Council of the
City of San Juan Capistrano hereby adopts the following revised conditions of
approvals.
Conditions:
1. Original Condition # 18 is amended as follows:
Drainage Improvement plans. Prior to issuance of a grading permit,
the applicant shall submit to the City Engineer for review and obtain
approval for Drainage Improvement Plans, specific to the proposed
drainage of the project, which reflect consistency with the City's
Drainage Master Plan. These plans shall show locations of all
existing and proposed drainage facilities that serve or are proposed
to serve the project. All drainage must be treated prior to being
conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination
System (NPDES). Any deviation from such requirements shall be
subject to City Engineer review and approval. Every proposed
drainage system shall be placed within appropriate areas in the
project which allow proper maintenance consistent with NPDES
standards (such as dedicated common areas owned and/or
maintained by a Homeowners' Association) (ENG/PLN/Mitigation
Measure VIII -2))
2. Original Condition #51 is amended as follows:
Drainage Improvement Plans. Prior to final map approval, the
applicant shall submit to the City Engineer for review and obtain
approval for Drainage Improvement Plans, specific to the proposed
drainage of the project, which reflect consistency with the City's
Drainage Master Plan and a Hydrology Study and Hydraulic
Analysis prepared by developer, in keeping with the County of
Orange standards. These plans shall show locations of all existing
and proposed drainage facilities that serve or are proposed to serve
the project and shall be prepared at the applicant's sole expense.
All drainage must be treated prior to being conveyed to the street or
a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System (NPDES). Any deviation
from such requirements shall be subject to City Engineer review
and approval. Every proposed drainage system shall be placed
within appropriate areas in the project which allow proper
maintenance consistent with NPDES standards (such as dedicated
common areas owned and/or maintained by a Homeowners'
Association). (ENG/PLN/Mitigation Measure VIII.
3. Original Condition #56 is amended as follows:
Public Facility Easement in Lettered Lot Maintained by HOA. Prior
to final map approval, the applicant shall demonstrate to the
satisfaction of the City Engineer that areas for the location of public
utility facilities, such as electric, gas, video and
telecommunications, drainage, sewer and water, are designed to
be located within the right-of-way. If facilities are proposed in
easements, said easements shall be placed in lettered lots and
their surfaces shall be maintained by the Homeowner's Association.
Any exception shall be subject to review and approval by the City
Engineer. (ENG)
4. Original Condition #66 is amended as follows:
66. Dedications on the Final Map. Prior to recordation, the final
map shall show all dedications required pursuant to the Map
approvals and conditions, including all access rights and
easements, clearly identifying the dedication purposes and
maintenance responsibilities (i.e., whether dedicated to HOA, public
utility, or public agency).
5. Original Condition #77 is amended as follows:
77. Dedication of Water Rights. The final map shall include a
dedication of the water rights associated with the land to be
subdivided, proportionate to the applicant's existing water rights, if
any, including any required public water facilities, and any required —"
water easements for the location of water facilities to the City, at no
cost to the City, in accordance with City water standard
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specifications. (PW)
6. Original Condition #105 is amended as follows:
105. Complete all Improvements to the City's Satisfaction. Prior to
issuance of certificate of occupancy or prior to acceptance of
improvements and release of performance securities, whichever
occurs first, the applicant shall complete, to the satisfaction of the
City Engineer, all facility improvements required and necessary to
serve the development as specified in these conditions, and at the
sole cost of applicant. (ENG)
Date of Approval: September 16, 2008
Effective Date: September 16, 2008