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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