Resolution Number 16-10-04-03RESOLUTION NO. 16-10-04-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 2015-
183 (16-001) ALLOWING THE PROPERTY OWNER TO SUBDIVIDE LOT 217 OF
TRACT MAP 12954 INTO TWO (2) NEW PARCELS LOCATED NORTHWEST OF THE
INTERSECTION OF GOLF CLUB DRIVE AND RANCHO VIEJO ROAD EAST OF
INTERSTATE 5 AND WEST OF THE MARSELLA GOLF COURSE, (APN: 650-692-01
AND 650-692-02) (APPLICANT: ACCRETIVE SAN JUAN PARTNERS, LLC).
Whereas, Accretive San Juan Partners, LLC, 19852 McCarthur Boulevard,
Irvine, CA 92612 (the "Applicant"), has requested approval of Tentative Parcel Map
2015-183 (16-001), has requested to subdivide Lot 217 of Tract Map 12954 into two (2)
new parcels encompassing 4.8 acres located northwest of the intersection of Golf Club
Drive and Rancho Viejo Road east of Interstate 5 and west of the Marbella Golf Course;
which is General Plan-designated Public & Institutional (parcel 1) and General Open
Space (parcel 2) and classified as Office Commercial (CO) (parcel 1) and Natural Open
Space (OS) (parcel 2) within Comprehensive Development Plan (COP) 86-04 on the
Official Zoning Map (the "Project"); and,
Whereas, Accretive San Juan Partners, LLC, 19852 McCarthur Boulevard,
Irvine, CA 92612, 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 15315 (division of property into four or fewer
parcels) 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 28, 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; and
Whereas, the Planning Commission on August 9, 2016 approved
Resolution 16-08-16-01 recommending City Council approval of Tentative Parcel Map
2015-183 (16-001 ), Medical Office Building
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, 15315.
The project is exempt pursuant to State CEQA Guidelines section 15315 ("division of
property into four or fewer parcels"), because the subdivision is in conformance with the
Resolution 16-1 0-04-0 3 2 October 4 2 0 16
City of San Juan Capistrano General Plan and zoning code, and because no variances
or exceptions requiring environmental review are required, and all required services and
access to the parcel are available.
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 an existing medical office building and
landscaped open space parcel.
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 General Plan and any applicable
specific plan or comprehensive development plan, and both proposed parcels fall
within the Marbella Comprehensive Development Plan 86-04 and are identified
within the Land Use Features Distribution and Population section of the COP as
"Commercial Office" (CO) for parcel 1, and "Open Space" (OS) for parcel 2. The
proposed map will not change the General Plan and Comprehensive
Development Plan designations.
2) The design or improvement of the proposed subdivision is consistent with the
General Plan and any applicable specific plan or comprehensive development
plan as the proposed TPM is for financing purposes and does not have a related
project, a "proposed subdivision " (other than the TPM), or any other proposed
improvements; therefore compliance with this finding is achieved due to the fact
that the proposed TPM is consistent with the General Plan and the Marbella
COP.
3) The site is physically suitable for the type of development because the proposed
TPM is for financing purposes and does not have an associated project or
development. Furthermore, the site was previously developed as a medical
office building with the approval of AC 13-019; therefore compliance with this
finding is achieved due to the fact that findings for site physical suitability was
already determined and the TPM does not propose new development.
4) The site is physically suitable for the proposed density of development because
the site was previously constructed, has adequate services and because the
proposed TPM is for financing purposes only; therefore compliance with this
finding is achieved due to the fact that the TPM does not propose a new
development or an increase to the existing density.
Resolution 16-1 0-04-03 3 October 4 2016
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
proposed TPM is for financing purposes only; therefore compliance with this
finding is achieved due to the fact that the TPM does not have an associated
project or any additional proposed improvements to the property resulting in
substantial environmental damage or substantially that would avoidably injure
fish or wildlife or their habitat. 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 TPM is for financing
purposes only ; therefore compliance with this finding is achieved due to the fact
that the TPM does not have a related project, thus the proposed action will not
cause conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves Tentative Parcel Map 2015-183
(16-001) allowing the Property Owner to subdivide Lot 217 of Tract Map 12954 into two
(2) parcels subject to those conditions of approval established by Exhibit A, attached
hereto and incorporated herein.
NOTICE OF EXEMPTION: 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 Acting Development Services Director is the
custodian of the record of proceedings .
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.
Severa bil ity . If any provision of this Resolution is held invalid , the
remainder of this Resolution shall not be affected by such invalidity, and the provisions
of this Resolution are severable.
Resolution 16-10-04-03 4 October 4 2016
Effective Date and Execution. This Resolution shall become effective upon its
adoption. The Mayor shall sign this Resolution and the City Clerk shall attest to the
adoption thereof.
PASSED, APPROVED AND ADOPTED this 4th day of October, 2016 .
ATTEST :
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 . 16-10-04-03 was duly adopted by the
City Council of the City of San Juan Capistrano at the Regular meeting thereof, held the
41h day of October 2016, by the following vote:
AYES:
NOES:
ABSENT :
ABSTAIN:
RECUSED :
COUNCIL MEMBERS :
COUNCIL MEMBER:
COUNCIL MEMBER:
COUNCIL MEMBER:
COUNCIL MEMBER:
Reeve and Perry
Mayor Patterson
None
Ferguson
Allevato
EXHIBIT A
PC RESOLUTION NO. 16-10-04-03
CONDITIONS OF APPROVAL
PROJECT LOG#: Tentative Parcel Map (TPM) 2015-183 (16-001)
PROJECT NAME: Medical Office Building (Accretive San Juan Partners, LLC)
APPROVAL DATE: October 4, 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 tentative parcel m'ap to
subdivide Lot 217 of Tract Map 12954 into two (2) new parcels located
northwest of the intersection of Golf Club Drive and Rancho Viejo Road
east of Interstate 5 and west of the Marbella Golf Course, (Assessor's
Parcel Numbers: 650-692-01 and 02) (Applicant: Accretive San Juan
Partners, LLC). This project approval is based on and subject to the
application materials prepared by DRC Engineering, Inc, (Engineers).
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 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.
Medical Office Building
Tentative Parcel Map (TP M) 201 5-183 {16-001 )
Final Conditions of Approval
Page 2 of 3
D. Legal De fense . 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.
THE FOLLOWING CONDITION SHALL BE IN PERPETUITY:
1.1 Property Maintenance. The property owner of each parcel shall maintain
the property in good condition , including but not limited to maintaining the
landscaping and the drainage on each parcel.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP:
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
Medical Office Building
Tentative Parcel Map (TPM) 20 15-183 (1 6-00 1)
Final Conditions of Approval
P age 3 of 3
and access rights, stating their purposes and their maintenance
responsibilities. (PW&UD)
1.4 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 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 My la r 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).
Applicant Acceptance of Conditions of Approval:
Signature of (name & title) Date