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Resolution Number 08-12-16-03 RESOLUTION NO. 08-12-16-0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 08- 002 TO SUBDIVIDE AN APPROXIMATELY 2.232 ACRE PARCEL INTO TWO 1 ACRE PARCELS AND ADJUSTING A LOT LINE TO ADD .232 ACRES TO THE ADJACENT 1.0877 ACRE SITE. WHEREAS, Hunsaker and Associates, William Harris acting as agent requests approval of a tentative parcel map to subdivide an approximately 2.232 acre parcel into two 1 acre parcels and adjusting a lot line to add .232 acres to the adjacent 1.0877 acre site. The General Plan Land Use Element designates the property as "2.0, Very Low Density Residential (0-1 du/acre)" and the Official Zoning Map designates the property"RSE 40,000" (Residential Estate 40,000) Zone District (Assessor Parcel Numbers APN: 650-142-06 & 650-151-22)( Applicant, Hunsaker and Associates, William Harris representative); and, WHEREAS, the proposed project has been processed in accordance with Section 9- 2.345, Development Review of the Land Use Code, and, WHEREAS, the Environmental Administrator has determined that the project is categorically exempt per Section 15315, Class 15 of the CEQA Guidelines and is exempt from further environmental review. and, WHEREAS, all conditions of approval are established in Exhibit "A" attached hereto and incorporated herein; and, WHEREAS, the Planning Commission conducted a duly-noticed public hearing on November 13, 2008 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony; and, WHEREAS, the City Council conducted a duly-noticed public hearing on December 16, 2008 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 5'10 to consider public testimony. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The properties subject to subdivision and augmentation of lot lines are located in the "2.0-Very Low Density Residential (0-1 du/acre)" General Plan Land Use designation. The General Plan maximum density is 0-1 du/acre, with an average of 1 dwelling unit per acre. The proposed subdivision would split an existing undeveloped 2.232 acre lot into two 1 acre parcels and altering an existing lot line to add 10,105 square feet to the adjacent developed 1.0877 acre parcel. The result of the Page 1 of 3 12-16-2008 the subdivision would create two one acre parcels which do not exceed the maximum density permitted within the "2,0-Very Low Density Residential (0-1 du/acre)" designation. Further the addition of approximately 10,105 square feet to the existing 1.0877 acre parcel would not result in a parcel which exceeds the permitted maximum density. Because the proposed map does not exceed the maximum density permitted within the "2.0-Very Low Density Residential (0-1 du/acre)" and the proposed subdivision is consistent with adjacent and neighboring lots it is found to be consistent with the General Plan. 2. The proposed map does not consist of any improvements to the land. The applicant has suggested that in the future the subdivided sites would be developed as single family dwellings, which would be consistent with the existing residential character of the neighborhood. The site is adequately served by all utilities and has appropriate vehicle access. Therefore the proposed design of the subdivision is consistent with the General Plan. 3. As previously stated no development is proposed at this time. The sites would potentially be developed as single family dwellings, however not at this time. The topography of the land is relatively flat, is adequately served by utilities and has appropriate access. While no development is proposed, the site would be physically suitable for the permitted uses of residential dwellings and therefore is consistent with this finding. 4. As previously discussed the parcels to be affected by this subdivision are located within the "2.0-Very Low Density Residential (0-1 du/acre)" General Plan designation. The General Plan maximum density is 0-1 du/acre, with an average of 1 dwelling unit per acre. The proposed map would create two one acre parcels and add 10,'105 square feet to the adjacent developed 1.0877 acre parcel. These densities are in line with the General Plan's requirements. The proposed density would not result in a change to neighborhoods character and proposes densities consistent with other development in the adjacent community. Therefore the proposed subdivision is physically suitable for the proposed density. 5. There are no fish or wildlife habitats adjacent or within proximity to the proposed subdivision. Further no new development is proposed at this time. Due to the lack of habitat adjacent or within proximity to the subject parcels, the proposed subdivision would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The proposed subdivision will not cause serious public health problems because the subdivision will create an additional lot which is consistent with the other residential uses adjacent to the site. Therefore it is not anticipated that the proposed subdivision would result in serious health problems. 7. The proposed subdivision has several public easements that are a part of the current property. The subdivision would not result in a conflict with these easements Page 2 of 3 12-16-2008 as they would remain in place. Further the Municipal Code establishes that improvements could not be placed in easement areas, therefore any future proposed improvements would not be able to block access through the property. Therefore there is no conflict with easements acquired by the public at large for access through, or the use of, property within the proposed subdivision. 8. The proposed subdivision is situated in a previously developed residential community. In review of the General Plan Cultural Resources Element Figure CR1 Locations of Historic Buildings and Structures this site is not identified on the map. Further in review of the General Plan Cultural Resources Element Figure CR2 Locations of Prehistoric and Historic Archaeological Resources, this site is not located within the specified areas. Due to the subdivision not having direct impacts on existing historic sites and not being located within the General Plan identified areas of Prehistoric and Historic Archaeological resources it is determined to not interfere with the maintenance or preservation of an historic site. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council hereby approves the proposed project subject to the conditions of approval contained in Exhibit A, attached hereto and incorporated herein. PASSED, APPROV . AND ADOPTED this 16#x' day of December, 2008. MARK LS17 MAIKOR i ATTE T: r' I MARGAREt k.WONQAN, dITY CL RK Page 3 of 3 12-18-2008 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.08-12-16-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16`" day of December 2008, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Freese, Hribar, Uso and Mayor Nielsen NOES: C UNCIL MEMBER: None ABSEN- UNCIL MEMBER: None MARGAR ONAH,��I,OCO[ty'tClerk EXHIBIT A: CONDITIONS OF APPROVAL Tentative Parcel Map (TPM) 08-002, Butcher These conditions of approval apply to Tentative Parcel Map #08-002, a proposed subdivision of land located adjacent to 32192 Cook Lane and an adjustment of lot lines. The applicant proposes to subdivide an approximately 2.232 acre parcel into two 1 acre parcels and adjusting a lot line to add .232 acres to the adjacent 1.0877 acre site. For the purpose of these conditions, the term "applicant" shall.also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. Tentative Parcel Map #08-002 is approved to create two (2) lots for single- family detached residential development and an adjustment of lot lines between properties. This approval is granted based on the plans titled TPM 2005-223 prepared by Hunnsaker and Associates, and certified by Bill Harris on July 28, 2008 consisting of the tentative parcel map. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the City pursuant to Title 9, Land Use Code. Minor modifications to this parcel map approval may be approved by the Planning Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these Final Conditions of Approval TPM O8-O02 Birtcher Pae 2 of 3 conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions andlor plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 8. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) 10. No improvements shall be placed on any dedicated easement and shall adhere to the required setback for the specific type of structure. Engineering & Building Conditions: PRIOR TO FINAL MAP APPROVAL 11. Compliance. Prior to final map approval, 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 and the Standard Specifications for Construction of Domestic and Non-Domestic Water Facilities as last revised 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. (ENG.). 12. Pay Fees and Post Sureties. Prior to final map approval, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code, Section 9-5, the City's Schedule of Rates and Charges, as last revised, and post securities to insure satisfaction .performance of all proposed improvements and related appurtenances. (ENG.). `Denotes Environmental Mitigation Measure Final Conditions of Approval TPM 08-002 Birtcher Page 3 of 3 13. Tentative Map Compliance and Closure Calculations. Prior to final map approval, 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 Search Report. (ENG.). 14. Submission of Digital Map per County Re uirement, Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of .January 28, 1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .PXF format. All Digital Submissions shall conform to the latest edition of the City of San .Juan Capistrano Digital Submission Standards. (ENG.). Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA= Orange County Fire Authority `Denotes Environmental Mitigation Measure