1971-0322_TRULIS, THOMAS_AgreementWEMENT ON WAIVER OF TIMEOR
CONSTRUCTION OF IMPROVEMENTS BY
THOMAS TRULIS - LAND USE PERMIT 71-102
This Agreement is made this - // day of July, 1973, by
and between the City of San Juan Capistrano, hereinafter called
"�ity", Thomas Trulis, hereinafter called "Developer", and Barclays
Bank of California, hereinafter called "Bank".
WITNESSETH:
WHEREAS, the City has heretofore imposed the conditions shown
on Exhibit "A" upon the approval of Developer's development of refuse
truck park and maintenance facility;
WHEREAS, -Developer has requested the City Council to waive
aforesaid requirements for a period of one year; and
WHEREAS, City has granted such waiver provided that Developer
presents a surety bond or a letter of credit sufficient in form and
amount to guarantee the construction of said improvements;
WHEREAS, the City Engineer estimates the cost of the aforesaid
improvements to be the sum of $4,500.00; and
WHEREAS, Developer has presented a letter from Barclay Bank
of California committing the aforesaid sum of $4,500.00 to be available
upon demand by City for the construction of the aforesaid improvements.
NOW THEREFORE, the parties hereto agree as follows:
1. City grants to Developer an extension of time, to and
including May 1, 1975, within which to construct the improvements
hereinabove set forth.
a
2. Developer shall construc-t the said improvements
forthwith upon the expiration of the aforesaid timet if so required by
the City.
3. Bank shall commit and set apart the sum of $4,500.00
to guarantee the construction of said improvements; said sum or any
part thereof shall be available to City for said purposes upon demand.
4. This agreement shall run with the land and shall be binding
upon the successors and assigns of the parties hereto.
In witness whereof, this Agreement was executed on the date
first above written.
ATTEST:
ersen,
City Clerk
CITY OF SAN JUAN CAPISTRANO
By:(2,'
-Koy L. Byrnjes, Mayor
DEVELOPER
By�
Thomas Trulis
BANK
BARCLAYS BANK OF CALIFORNIA
By : "�'—
Donald Buwalda, Vice President
AGREEMENT ON WAIVER OF TIME FOR
CONSTRUCTION OF IMPROVEMENTS BY
This Agreement is made this 8jh day of September ! 197_1#
by and between the City of San Juan Capistrano, hereinafter called
"City", theThomas Trulis hereinafter called
"Developer,,, and Barclays Bank of California hereinafter called
"Bank".
WITNESSETH:
WHEREAS, the City has heretofore imposed the conditions
shown on Exhibit."All upon the approval of Developer's development
of Refuse truck park and maintenance facility
WHEREAS, Developer has requested the City Council to
waive the aforesaid requirements for a pqriod of one year; and
WHEREAS, City has granted such waiver provided that
Developer presents a surety bond or a letter of credit sufficient
in form and amount to guarantee the construction of said improvements:
WHEREAS, the City Engineer estimates the cost of the
aforesaid improvements to be the sum of $4,500.00 ; and
WHEREAS, Developer has presented a letter from the _
BarchalY Bank of California committimg.the.af.oresaid sum of
$4,5oo.00 to be available upon demand by City for the
construction of the aforesaid improvements.
MINUTES OF THE CITY COUNCIL
City of San Juan Capistrano
California
A regular meeting of the City Council of the City of San Juan Capistrano, California was held
March 22, 1971t at 7:41 p.m. The following named members were present:
Councilmen Present: Bathgate, Chermak, Gammell, Thorpe
and Forster
Councilmen Absent: None
"UNFINISHED BUSINESS
1. Request for waiver of street improvements from Solag
Disposal Company, The Mayor gave the chair to the
Mayor Pro -Tem, William A. Bathgate, stating he wished
to abstain from any discussion or decision on the
Solag Disposal request due to a possible conflict of
interest. The Mayor then left the Council Chambers.
Councilman Chermak suggested this be handled like
other requests for waivers. The motion was made by
Councilman Chermak to have dedication at demand of
Council and the same guarantee to the City such as a
bond or letter of credit (City Engineer to determine
amount), seconded by Councilman Gammell, carried 4 to
0 with Mayor Forster abstaining. The Mayor then re-
turned to the Council Chambers."
0
MWOODSIDNE/KUROTA A ASSOCIATES, INC.
�"Mormu�
Knot"IKERS
2415 South Birch Street * Santa Ana, California 92707 * Phone: (714) 979-5240
Mr. Thomas.Trulis
Solag Disposal Co.
P.O. Box 305
South Laguna, Calif. 92677
December 6, 1973
Subject: LUP 71-102 - City of San Juan Capistrano
Dear Mr. Trulis:
At long last we are returning to you your copy of the fully executed
agreement for the construction of public improvements for Los Rios
Street. Please note that the City Council added a section to Item
No. 2, namely "if so required by the City".
If you have any questions regarding this project please contact the
undersigned.
cc: Barclays Bank of California
City OT San Juan Capistrano:
�,,<ity Clerk
Director of Public Works
" �,� ic�-
Encl. 0"
J
JYK/1 e
In San Diego County, Carlsbad
LUP 71-102
1 0 0-1 V
Ver truly you s
J -a I ub al, ity E—ngineer
c Y. K
J n Capistr
of Sa u ano
W
'Qy�
SAN
JAMES F. THORPE, MAYOR
JOSH GAMMELL., MAYOR PRO -TEM
ROY L. BYRNES. COUNCILMAN
EDWARD S. CHERMAK, COUNCILMAN
JAMES K. WEATHERS, COUNCILMAN
March 9, 1973
Solag Disposal Company
P. 0. Box #305
South Laguna, California
r -I
Attention: Mr. Thomas Trulis, Owner
Dear Mr. Trulis;
DONALD 0. WEIDNER
CITY MANAQXR
Re: LUP 71-102 (Solag
Disposal Company)
On February 6, 1973, the Planning Commission of the City of San Juan
Capistrano approved a request for an extension of time for subject land
use permit subject to specific conditions, per minute extract attached.
You are directed to comply with Conditions #2 and #3 to the satisfaction
of City Council and the City Engineer or cease operation of your disposal
company.
If you desire relief of these conditions it will be necessary for you to
make a formal written request to City Council.
Please contact this office if you require additional information or assis-
tance.
Very truly yours,
Dilv"14 Too #��t Planner
CITY OF SAN JUAN CAPISTRANO
Planning Department
MAT: okb
Attachment
cc: Orange County Department of Buijding & Safety
City Engineer, J. Y. Kubota
City Clerk, Wanda AndersoniZ,
Associate City Attorney, K. C. Welputt
Page -6-
Planning Commission
Minutes - Meeting February 6, 1973
2S) The developer shall submit a detailed drainage study to the City
Engineer for approval. The hydrology shall be according to the
Orange County Flood Control Hydrology Manual, October 1969,
26) Domestic water shall be by the orange County Waterworks District
#4.
a) The developer shall dedicate all water rights and any
existing wells to the Orange County Waterworks District
#4.
b) The developer shall pay all storage fees, as required by
the Orange County Waterworks District #4.
27) Sewer service shall be by the City of San Juan Capistrano. The
developer shall be required to pay all fees and comply with all
regulations for sanitary sewer service, as administered by the
Director of Public Works. Industrial waste requirement shall be
according to Ordinance #63.
28) The developer shall submit preliminary plan and profile for
Malaspina Road extending five hundred (500) feet northeast of
the property line.
It was recommended by City Engineer's office that special consideration should
be given to sidewalks and a bike trail. Chair informed the applicant that any
requests to waiver fees or conditions would have to be at City Council level.
6. E. E.I.R, - Tract #7912 (McMichael)
Planning consultant reported this E.I.R. has been reviewed by the Impact
Committee, staff, and the Environmental Review Board; staff recommends
approval. Chair opened public hearing, requesting proponents and Mr. Bob
Cross addressed the Commission requesting the E.I.R. be considered as
adequate.
No opposition was presented; Chair closed public hearing reserving the
right to reopen. It was moved by Commissioner Gaffney, seconded by
Commissioner Sweeney, and carried unanimously to consider the E.I.R. for
Tract #7912 as adequate.
7. LUP 71-102 - (Solag Disposa )- (Request for one-year extension)
Mr. Trulis, of Solag Disposal, addressed the Commission requesting favorable
consideration of his request. Discussion followed regarding landscaping re-
quirements and the length of time the present use would be permitted in the
C -2A District.
Commissioner Sweeney moved to approve an extension of time for LUP 71-102
to February 8, 1974, subject to conditions recommended by staff. Motion
,'Page -7-
Planning Commission
Meeting - February 6, 1973
7. LUP 71-102 - Cont'd.
was seconded by Commissioner Gaffney; carried unanimously. Conditions of
approval are -
1) Landscaping requirements and adequate screening planting
must be maintained.
2) The property owner shall improve Los Rios to include con-
crete sidewalks, curbs, gutters, drive approaches, pavement
extensions and ornamental street lighting, as required, to
city standards and said improvements shall be approved by
the City Engineer.
3) All existing or proposed utilities within the boundaries of
the property or within the public right-of-way adjacent to
the property or on property to be dedicated to the City for
public purposes shall be underground.
8. Tract #7912 (McMichael) - (Approval of landscaping plans)
Planning consultant presented landscaping plans, reporting the developer
plans to install landscaping for the front and side yards and perimeter
planting and the back yards to be done by the individual homeowner. Dis-
cussion followed and Chair suggested the excessive use of palms be sub-
stituted with a variety of plantings.
It was moved by Commissioner Barg, seconded by Chairman Lavagnino, and
carried unanimously to approve landscaping plans for Tract #7912 as
precise, subject to the following conditions, as amended by Commission
discussion.
1) That detailed irrigation plans be submitted to the
planning staff for review and approval prior to the
issuance of any building permits.
2) That additional details be included with the landscape
plan, specifying the specific size of all plant material
indicated on the plan. The size of all plants shall be
subject to approval of the Planning staff.
3) That additional landscape specifications (covering site
preparation, planting, fertilization, staking, mainentance,
etc.) be submitted to the Planning Staff for review and
approval.
4) That final design of all landscape islands (located within
the public right-of-way) shall meet the approval of the City
Engineer after the developer has made all necessary studies
of radius and site distance. Maintenance and irrigation of
all landscape islands, located within the public right-of-way,
shall be by a homeowner's association.
is 6
BARCLAYS BANK
of CALIFORNIA
102� FAST ORANGETHORPE AVENUE I ANAHEIM, CALIFORNIA 92803 1 TELEPHONE (AREA 714) 778-3210
August 6, 1971
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
ATTENTION: Mr. Schwartz, Planning Department
RE: LOP71-102 (Chade)
Gentlemen:
This letter is to serve as our guarantee to handle payment for
property improvement for property located at 31711 Los Rios,
San Juan Capistrano. The property is owned by Mr. Thomas Trulis.
Please be advised that the $4,500 guarantee is good to August 6, 1972.
We appreciate your consideration in assisting Mr. Trulis.
DEW/me
Sincerely,
Donald E. Wilson
Assistant Manager
C71VE:q-
------------- --------- -
CITY op
SAN JUAN CAPISTRANO
Barclays Bank of
1025 East Oranget
Anaheim, Calif. 9
Attention: Donal
Dear Sir:
Enclosed is your
Juan Capistrano,
together with col
March 22, 1971.
E
September 13, 1971
Fj
UePULY '-ALY
i the Cijry of 9an
of California,
L meeting of
. , W,
meir�
Mr. Thomas Trulis
,D.O. Box 305
South Laguna, Ca. 92677
Dear Sir:
August 3, 1971
Please be advised that the estimated val
for your property running on Los Rios is
Re: LUP 71-102 (Chade)
public improvements
e amount of $4,500.
These public improvements �vere waived, ubjoct to your guarantee-
ing in a manner such as a Dono lett of.credit. The waiver
was approved by City council 0 March 2. 1971, and requires you
to enter into an agreement� h I he ity for guarantee of said
improvements.
This letter is your n o obta n aid agreements from the
City Clerk for execut
RKJ: rm
cc: City Clerk
truly yours,
Rob�k K. Johns
Diylector of Planning
City of San Juan Capistrano
MEMORANDUM
To: Mr. Robert L. Johns, Director of
Planning
Subject: LUP 71-102 - Trulis
City of San Juan Capistrano
0
From: JACK Y. KUBOTA
Consulting Engineer
Date: July 27, 1971
This office has reviewed the requirements for public improvements
and other conditions of the Planning Commission and have the
following information:
1.
The
estimated
value
of
public improvements is $4,500.00
2.
The
drainage
fee is
in
the amount of $1,541.65.
We are now processing the easement deed for street right of way
and expect completion within one week
Jack Y. Ku 9ta, City Engineer
City of Sa� Juan Capistrano
cc: Director of Public Works
JYK/le