Resolution Number 16-02-16-01RESOLUTION NO . 16-02-16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A CEQA EXEMPTION AND
APPROVING VESTING TENTATIVE TRACT MAP (TTM) 17840 (14-002)
TO CREATE A CONDOMINIUM MAP TO CREATE 4 LOTS THAT
ENCOMPASS 3.71 ACRES THAT WILL RESULT IN A TOTAL OF 10
CONDOMINIUM UNITS IN THE EXISTING CALLE PERFECTO
BUSINESS PARK FOR PURPOSES OF SALE, LEASING OR
FINANCING, LOCATED WEST OF CAMINO CAPISTRANO AND NORTH
OF CALLE PERFECTO (ASSESSOR PARCEL NUMBER'S: 668-441-09,
668-501-01, 668-501-07, AND 668-501-08) (CALLE PERFECTO
BUSINESS PARK L.P., DENNIS GAGE)
Whereas, Calle Perfecto Business Park L.P., Dennis Gage, 32403 Calle
Perfecto, San Juan Capistrano, CA 92675 (the "Applicant"), has requested approval of
Vesting Tentative Tract Map 17840 (14-002), Calle Perfecto Condominium Map to
create 4 lots that encompass 3.71 acres in the existing Calle Perfecto Business Park for
purposes of sale, leasing or financing; and will result in a total of 10 condominium units,
located west of Camino Capistrano and north of Calle Perfecto; which is General Plan-
designated Quasi-Industrial and classified as Commercial Manufacturing on the Official
Zoning Map (the "Project"); and,
Whereas, Calle Perfecto Business Park L.P., Dennis Gage, 32403 Calle
Perfecto, San Juan Capistrano, CA 92675, are the owners of real property located at
32801, 33771, 32421, and 32401 Calle Perfecto (APN's: 668-441-09, 668-501-01,668-
501-07 and 668-501-08); and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has determined that the project
is Categorically Exempt (Section 15301; Class 1 (k) "Existing Facilities") from further
review. The project is consistent with Section 15301 because the project will result in a
"subdivision of existing commercial or industrial buildings, where no physical changes
occur which are not otherwise exempt"; and the project is consistent with the applicable
General Plan designation and Zoning designation and regulations. A Notice of
Exemption (NOE) will be posted should the project receive final approval; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on October 27, 2015 pursuant to Title 9, Land Use Code, Section 9-2.302 and
City Council Policy 5 to consider public testimony on the proposed project and
considered all relevant public comments. The Planning Commission unanimously
recommended that the Council approve the CEQA exemption and Vesting Tentative
Tract Map (TIM) 17840 (14-002); and,
2/16/2016
Whereas, the City Council has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA) and the Planning Commission recommendations; and ,
Whereas, the City Council conducted a duly-noticed public hearing on
January 18, 2016 and February 16, 2016 pursuant to Title 9, Land Use Code, Section 9-
2.302 and City Council Policy 5 to consider public testimony on the proposed project
and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, as follows :
SECTION 1. The above recitations are true and correct and adopted as
the findings of the City Council.
SECTION 2. The City Council exercises its independent judgment and
finds that the Project, as conditioned hereby, is categorically exempt from environmental
review under the CEQA, Section 15301, Class 1 (k) (Existing Facilities).
SECTION 3. With regard to Tentative Tract Map (TTM) 17840, the City
Council does hereby make the following findings as established by Section 9-4.223 of
Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed map is consistent with the maps and policies of the General Plan
and any applicable specific plan or comprehensive development plan, specifically
the Land Use Element because the project does not propose changes to the
existing Quasi-Industrial land use which allows, "research & development, light
manufacturing and processing, large single tenant distribution and sales,
automobile sales and leasing, offices, warehousing and storage, high technology
production, and related uses."
2. The design or improvement of the proposed subdivision is consistent with the
General Plan and any applicable specific plan or comprehensive development
plan because the project contains existing improvements including access and
utilities, which are consistent with the General Plan and applicable standards.
Access to each unit will be provided through the common area for ingress and
egress purposes, fire access, and all required utilities. The common area will be
maintained by the POA (Property Owners Association), required to be formed as
part of the final tract map approval.
3. The site is physically suitable for the type of development because the existing
project site allows for development of research & development, light
manufacturing and processing , large single tenant distribution and sales,
automobile sales and leasing, offices, warehousing and storage, high technology
production, and related uses.
4. The site is physically suitable for the proposed density of development because
the existing business park was developed in compliance with the Quasi-Industrial
2 2/16/2016
land use designation; and the Vesting Tentative Tract Map does not propose
physical alterations to the development.
5. The design of the subdivision or the proposed improvements is not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat because the proposed Vesting Tentative Tact Map
is not located adjacent to an area that contains wildlife or habitat. The project
site exists as a developed business park; and does not have direct connections
to open areas, or wildlife corridors that exist in the immediate vicinity of the
property. Therefore the proposed map and proposed improvements will not
cause substantial environmental damage, nor will it substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision because the proposed Vesting Tentative Tract
Map will not result in physical alterations to the existing access, easements or
existing public access.
SECTION 4. The City Council hereby approves of Tentative Tract Map
(TTM) 17840 subject to the conditions of approval which are attached hereto as Exhibit
"A" and incorporated herein.
SECTION 5. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR
OTHER EXACTIONS.
Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
SECTION 6. The City Council hereby directs staff to prepare, execute
and file with the Orange County Clerk a Notice of Exemption within five (5) working days
of the approval of this Resolution.
SECTION 7. The documents and materials associated with this
Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Acting Development Services Director is the
custodian of the record of proceedings.
[Signatures on following page]
3 2/16/2016
PASSED, APPROVED, AND ADOPTED this 16th day of February 2016.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 16-02-16-01 was duly adopted by the Cit~
Council of the City of San Juan Capistrano at the~l meeting thereof, held the 16t
day of February 2016, by the following vote: ~'u \"--('
(.) 11\-tl..v<.
AYE . : COUNCIL MEMBERS: Allevato, Perry, Ferguson and Mayor Patterson
NO S: COUNCIL MEMBERS: Reeve
ABSE COUNCIL MEMBERS: None
4 2/16/2016
EXHIBIT A
CC RESOLUTION NO. 16-02-16-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Vesting Tentative Tract Map (TTM) 17840 (14-002)
PROJECT NAME: Calle Perfecto Condominium Map (Dennis Gage)
APPROVAL DATE: February 16, 2016
These conditions of approval apply to the above-referenced project application described in
more detail below. 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. These
conditions are organized by chronological order in the development process as well as
responsible City Department. The responsible department is noted in parenthesis after each
condition.
GENERAL CONDITIONS:
A. Project Plans. The subject project proposes a vesting tentative tract map to
create to create a condominium map to create 4 lots that encompass 3. 71 acres;
and will result in a total of 10 condominium units in the existing Calle Perfecto
Business Park for purposes of sale, leasing or financing located west of Camino
Capistrano and north of Calle Perfecto (Assessor Parcel Number's: 668-441-09,
668-501-01, 668-501-07 and 668-501-08) (Calle Perfecto Business Park L.P.,
Dennis Gage). This project approval is based on and subject to the application
materials prepared by CA Engineering, Inc. (Engineers), including site plan(s),
building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary
grading plan(s), tree removal plan(s), and any other plans. These plans and the
proposed use of the project site are hereby incorporated by reference into this
approval as submitted and conditioned herein, and shall not be further altered
unless reviewed and approved pursuant to Article 9-2.301, Development Review
Procedures of Title 9, Land Use Code.
B. Complian ce With Outside Requirements. Approval of this application does not
relieve the applicant/subdivider from complying with other applicable Federal,
State, County or City regulations or requirements. To the extent not precluded by
Government Code Section 65961, the applicant/subdivider shall comply with all
requirements of the City of San Juan Capistrano Municipal Code, all
requirements of City ordinances, resolutions, and all applicable standards and
policies that are in effect at the time that building permits are issued for the
development.
C. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed,
when required, only by those individuals legally authorized to do so.
Calle Perfecto Condominium Map
Vesting Tentative Tract Map (TTM) 17840
Final Conditions of Approval
Page 2 of 3
D. Legal Defense. The applicant/subdivider, its agents, successors, 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, void, or annul any land use
approval associated with this project, including but not limited to environmental
impact report requirements under CEQA, rezoning approvals, subdivision map
approvals, or other applicable City Municipal Code Title 9 land use approvals.
Upon notice provided by City to the applicant/subdivider, its agents, successors,
or assignees, of service of process of such claims or actions, the project
proponent, its agents, and assignees, shall immediately act to provide an
appropriate defense to such claims or actions. The applicant/subdivider shall
consult with the City Attorney regarding appropriate defense counsel in the event
of the filing of such claims or actions. (DSD)
E. Discrepancy Clause. 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 and/or plans as stipulated in the later
approval shall prevail.
F. Fees. The applicant/subdivider shall pay all fees at the time fees are determined
payable and comply with all requirements of the City of San Juan Capistrano
Municipal Code Section 9.5.1 01 and applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT
AGREEMENT:
1.1 Water Meters. All individual units shall have a dedicated water meter installed
prior to approval of the Final Map. (PW&UD)
1.2 Easements/ Final Map . All easements for storm drain, utilities, reciprocal access
shall be shown on the map prior to approval of the Final Map. The Final Map
shall be prepared and submitted 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. (PW&UD)
1.3 Dedications and Maintenance Responsibility. The applicant/subdivider shall
indicate on the Final Map, to the satisfaction of the City Engineer and Public
Works and Utilities Assistant Directors, all appropriate dedication and access
rights, stating their purposes and their maintenance responsibilities. (PW&UD)
1.4 Dedication of Water Rights. The applicant/developer shall dedicate on the Final
Map, at no cost to the City, all public water facilities, water rights, and all required
easements to the City. (PW&UD)
1.5 CC&R's. The applicant/subdivider shall submit for review, and shall obtain the
approval of, the Development Services Director, City Engineer, Utilities Assistant
Director, and City Attorney, a set of Covenants, Conditions, and Restrictions
Calle Perfecto Condominium Map
Vesting Tentative Tract Map (TTM) 17840
Final Conditions of Approval
Page 3 of 3
(CC&Rs). Said CC&Rs shall be recorded with the Final Map and shall include,
but not be limited to, the following:
a. Creation of a Property Owners Association for the purpose of providing for
control over the uniformity of boundary fencing, and the perpetual
maintenance responsibility of areas including, but not limited to, all common
areas, open space, project entries, irrigation systems, landscaped areas,
walls, driveways, parking areas, structures, private streets, street lights,
drainage facilities, and all other areas to be owned and maintained by the
Property Owners Association. All improvements, including but not limited to
streets, restoration of enhanced pavement over the public water and sewer
facilities after repairing of said facilities by the City, drainage, street lights,
street signage, striping improvements, landscaping, and irrigation facilities
within the interior of the subdivision designated as private shall remain
private and shall be maintained by the Property Owners Association, or
shall make other provisions for maintenance, as approved by the City
Council. (PW&UD&DSD)
1.6 Submission of Digital Map. The applicant/subdivider shall submit for review, and
shall obtain approval from the Orange County surveyor, of a digitized map
pursuant to Orange County Ordinance 3809 of January 28, 1991 . The
applicant/subdivider shall pay for all cost of said digital submittal, including
supplying dig ita· I copies to the City, of the final County Surveyor approved
digital map in DXF format. In addition, the applicant/subdivider shall provide the
City with digitized copies of all improvement plans. (PW&UD)
1.7 Mylar of Final Map. The applicant/subdivider shall submit to the City Engineer a
reproducible copy/mylar of the project's recorded final map. The applicant shall
also submit for review, and shall obtain approval of, the Orange County surveyor
of a digital Map pursuant to Orange County Ordinance 3809 of January 28,
1991. The applicant shall pay for all costs of said digital submittal, including
supplying digital copies to the City of the final County Surveyor-approved digital
map in DXF format. All Digital Submissions shall conform to the latest edition of
the City of San Juan Capistrano Digital Submission Standards . (PW&UD)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE
OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES:
2.1 Storm Drain Relocation. The applicant/subdivider shall remove or abandon the
existing storm drain that is located underneath an existing building within Tract
15853; and reconstruct a new storm drain as approved by the City Engineer.
(PW&UD)
Responsible Departments/Agencies: DSD :
DSD-B&S:
PW&UD:
OCFA:
Applicant Acceptance of Conditions of Approval:
Signature of (name & title)
Development Services Department
DSD Building & Safety Division
Public Works and Utilities Department
Orange County Fire Authority
Date