Resolution Number 16-08-16-02RESOLUTION NO. 16-08-16-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
·cAPISTRANO, CALIFORNIA APPROVING TENTATIVE PARCEL MAP
(TPM) 2003-142 (15-001) TO CREATE 2 LOTS THAT ENCOMPASS 2.17
ACRES LOCATED AT THE TERMINUS OF VALLE ROAD (FORSTER
RANCH ROAD) (APN 675-331-02) (ANVARI ASSOCIATES
CORPORATION AND CULVER CAPITAL, LLC)
Whereas, Anvari Associates Corporation and Culver Capital, LLC,
Shahram Anvari, PO Box 6935, Laguna Beach, CA 92607 (the "Applicant"), has
requested approval of Tentative Parcel Map 2003-142 (15-001), Forster Estates to
create 2 lots that encompass 2.17 acres in the existing McCracken Hill residential
community, located along the east side of Forster Ranch Road about 200 feet south of
the McCracken Hill gated entry; which is General Plan-designated 2.1 Low Density (1-2
DUlAC) and classified as "SP/PP" (Specific Plan/Precise Plan) on the Official Zoning
Map (the "Project"); and,
Whereas , Anvari Associates Corporation and Culver Capital, LLC,
Shahram Anvari, PO Box 6935, Laguna Beach, CA 92607, are the owners of real
property located at APN 675-331-02; 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 from further review pursuant to State CEQA Guidelines (Cal.
Code Regs., §§ 15000 et seq.) section 15303 (Class 3, "New Construction of Small
Structures") and that none of the exceptions to the application of categorical exemptions
apply; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on June 14, 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.
Whereas , the Planning Commission on June 14, 2016 approved
Resolution 16-06-14-02 recommending City Council approval of Tentative Parcel Map
2003-142 (15-001), Forster Estates.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby find that the project is Categorically Exempt from
further review pursuant to State CEQA Guidelines Sections 15303.
The project is exempt pursuant to State CEQA Guidelines Section 15303
("New Construction of Small Structures") because the project will result in the
8/16/2016
development of only two single-family residences, such development would be located
within a residential land use designation (2.1 Low Density Residential and SP/PP), and
would occur in an urbanized area (the project site is surrounded on three sides by
residential development and on one side by office park development).
The City Council also finds that none of the exceptions to the use of categorical
exemptions identified in State CEQA Guidelines section 15300.2 apply. The project site
is not located in a particularly sensitive environment, there is no potential for cumulative
impacts from successive projects in the same location, there are no unusual
circumstances, the project is not located within an officially designated scenic highway,
there is no record of hazardous waste on the property, and the project has no potential
to impact historic resources, as the site is currently vacant.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano 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 Low Density (LD) land use which allows, "the development of low density
single family dwellings and accessory buildings. Uses such as mobile and
modular homes, second single-family units, guest houses, public facilities, and
others which are compatible with and oriented toward serving the needs of low
density single-family neighborhoods may also be allowed." Moreover, because
the proposed project proposes residential use and a density of 1 (one) dwelling
unit per acre and, where the Element allows , up to a maximum of 2 dwelling units
per gross acre. Furthermore, the proposed project complies with the McCracken
Hill Specific Plan because the proposed lot sizes range from 44,430 square feet
to 50,094 square feet, and the Specific Plan minimum lot size is 20,000 square
feet. Additionally, the project conforms with subsection 1 (c) of the Specific Plan's
Purpose and Intent, "provide for regulating land uses and development
consistent with the low-density, hillside-oriented, residential character of the
McCracken Hill neighborhood."
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 an existing improved access to each proposed
lot, which is consistent with the General Plan and applicable standards. The
project conforms with the minimum lot size of 20,000 square feet and minimum
frontage of 90 feet, as identified in the McCracken Hill Specific Plan (SP 02-01).
Moreover, the project conforms with subsection 1 (c) of the Specific Plan's
Purpose and Intent, "provide for regulating land uses and development
consistent with the low-density, hillside-oriented, residential character of the
McCracken Hill neighborhood."
2 8/16/2016
3) The site is physically suitable for the type of development because the existing
project site allows for development of single-family and accessory buildings, the
site directly fronts and has access to Forster Ranch Road. Moreover, the future
development of the lots will be required to comply with the development
standards of the Specific Plan, and considering the existing slope conditions on
the site, the preparation of a grading plan will be required to ensure compliance
with the design standards, as identified in Municipal Code Section 9-2.323,
Grading Plan Review and Modification .
4) The site is physically suitable for the proposed density of development because
the site is served by public water, public sewer, and other necessary public
services (i.e. electricity, natural gas, and telephone). The development of the site
will be required to comply with the development standards of the Specific Plan
and the City's Municipal Code, specifically the Section 9-2 .323, Grading Plan
Review and Modification. Development of the site will require grading and such
activities will be subject to future discretionary review per this Section, and
compliance with Condition of Approval #2.1.
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 Tentative Parcel Map is not
located within or adjacent to an area that contains wildlife or habitat. The project
site is currently a vacant, undeveloped lot, and does not have any direct
connections to open areas or wildlife corridors. Therefore, the proposed map and
proposed improvements will not cause substantial environmental damage, nor
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 Tentative Parcel Map will
not result in physical alterations to the existing access, easements or existing
public access. All existing road and utility easements will be protected in-place
and will not be altered by the proposed Tentative Parcel Map .
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves the project subject to those
conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
NOTICE OF EXEMPTION: The City Council directs staff to prepare and
file with the County Clerk's office a Notice of Exemption within 5 days of the approval of
the Project.
CUSTODIAN OF RECORDS: 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 Deveiopment Services Director is the custodian
of the record of proceedings.
3 8116/2016
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.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2016 .
MARIA
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. 16-08-16-02 was duly adopted by the
Cit~ Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
16t day of August 2016, by the following vote:
AYES:
NOES :;
ABSEN ,t :
I
Reeve, Perry, Allevato, Ferguson and Mayor Patterson
None
None
4 8/16/2016
EXHIBIT A
PC RESOLUTION NO. 16-08-16-02
CONDITIONS OF APPROVAL
PROJECT LOG#: Tentative Parcel Map (TPM) 2003-142 (15-001)
PROJECT NAME: Forster Estates (Shahram Anvari)
APPROVAL DATE: August 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. Pr o ject Plans . The subject project proposes a tentative parcel map to create 2
lots for the development of single-family detached homes on an existing 2.17
acre parcel located at the terminus of Valle Road (Forster Ranch Road) (APN
675-331-02)(Anvari Associates Corporation and Culver Capital , LLC). This
project approval is based on and subject to the application materials prepared by
CA Engineering , Inc. (Engineers); including the site plan (Tentative Parcel Map).
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. Compliance With Outside Req uirements . 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. Sign ed Plan s. 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 .
D. Le gal Defense . The applicant/subd ivider, 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
Forster Estates
Tentative Pa r cel Map (TPMJ 2003-142 (1 5-001 J
Final Conditions of Approval
Pa ge 2 of 4
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. Discrepan cy 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. The project may be required to pay a Housing In -lieu Fee. The
applicant/subdivider shall contact the Development Services Department for
more information.
G. Encroachment Permit. An Encroachment Permit is required for a Haul Route for
any import/export of earth material in excess of fifty (50) cubic yards to or from
the site . Submit the Haul Route for review and approval by the City Engineer. An
Encroachment Permit is required for work and construction-related activities in
the public right -of-way. These include truck hauling , traffic control , site ingress
and egress , hours of operation in the right-of-way, street cleaning , etc.
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP:
1.1 Easement s/ Fina l 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)
1.2 Dedications and Maintenance Res ponsibility. 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)
1.3 Dedi ca ti on of W ater 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)
1.4 Subm iss io n of Digi tal Map . The applicant/subdivider shall submit for review, and
shall obtain approval from the Orange County surveyor, of a digitized map
Forster Estates
Tentative P arcel Map (TP M) 2 003-142 {15-001 )
Final Conditions of Approval
Page 3 of4
pursuant to Orange County Ordinance 3809 of January 28, 1991 . The
applicant/subdivider 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 DXF format. In addition, the applicant/subdivider shall provide the City
with digitized copies of all improvement plans. (PW&UD)
1.5 Mylar of Final Map. The applicant/subdivider shall submit to the City Engineer a
reproduc ible 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 dig ital 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 SUBMITTAL
INTO BUILDING PLAN CHECK:
2.1 Gra d ing Plan Modification . The applicant shall submit a Grading plan
Modification application for each lot, to the Development Services Department
pursuant to Municipal Code Section 9-2.323, Grading Plan Review and
Modification (DSD).
3. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE
OF A GRADING PERMIT:
3.1 Grading Plan/T ech nical Review . Per Section 9-4 .207 of Municipal Code, the
following reports, maps, and information are necessary to meet the requirements
of the Subdivision Code. These information and engineering analyses are
required to ensure the parcel can be built per submitted map . The updated
analyses/reports may lead to signif icant changes to the initial plan or inability to
develop the parcel as currently presented. (PW&UD)
• Provide final Grading Plan and show earthwork quantities estimates in cubic
yards for amounts of cuts , fill , over-excavation, import , and export.
• Provide final geotechnical report with wet ink signatures (Report or addendum
letter cannot be over one (1) year old).
• Provide Site Plan to depict, note , and dimension the approximate location for
all existing and proposed wet and dry utilities (i.e. electric, gas , water, storm
drain , fire , sewer).
• Provide Utility Plan to depict , note, and dimension the approximate location for
all existing and new wet and dry utilities (i.e. electric, gas, water, storm drain,
fire , sewer).
• Provide Drainage Plan to show or explain the drainage area tributary to the
site and include a statement setting forth in detail the manner in which storm
water runoff will enter the site , the manner in which it will be carried through
the site , and the manner in which disposal beyond the site boundaries be
accomplished.
• Provide Erosion and Sediment Control Plans (ESCP) including backup
calculations and data. ESCP should be part of the grad ing plan set.
Forster Estates
Tentative Parc el Map (TP MJ 2003-14 2 (1 5-00 1)
Final Conditions of Approval
Page 4 of 4
• Provide Water Quality Management Plan (WQMP) or the BMP Exhibit (Site
Plan) from a previously-approved WQMP for the project.
• Provide retaining wall calculations, if applicable.
• Provide engineer cost estimate for grading, erosion/sediment control BMPs,
and off-site improvement plans, if applicable.
• Provide existing and proposed pervious and impervious area calculations (in
square feet). Also show proposed disturbed area quantity (in square feet).
• Provide an updated Title Report.
• Provide final hydrology and hydraulic analyses/report.
• Geotechnical report is required to assess stability the Valle Road and potential
offsite impacts to the proposed water and sewer improvements, both vertically
and horizontally, and to provide remedial recommendation if necessary.
• The requested geotechnical update report needs to be reviewed by the City
geotechnical consultant prior to approval by the City.
• Obtain Orange County Fire Authority fire demands requirements .
• Pay all applicable water and sewer impact fees .
3.2 Fire Ma ste r Plan. Obtain approval of a Fire Master Plan from the Orange County
Fire Authority (OCFA) (DSD-B&S)
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