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1991-1205_STANDBRIDGE, LIA & STANLEY_Fee Payment Agreement r0E A Au,G.toe, • CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Theodore Simon, City Engineer FROMM4Dawn Schanderl, Deputy City Clerk J DATE: April 11, 1995 SITUATION: On November 19, 1991, the City Council approved a Subdivision Improvement Agreement with Lia and Stanley Stanbridge (Parcel Map 88-396). Said agreement states required improvements shall Fe c�ompTTin wi :n months from the effective date of agreement. The time of completion may be extended by the City Engineer in writing for good cause shown by the subdivider. Agreement is due to expire November 19, 1992. ACTION REQUESTED: On October 20, 1992, agreement was extended to October 19, 1993. On March 22, 1994, agreement was extended to April 18, 1995 Please nofity this office if agreement will be extended or closed. ACTION TO BE TAKEN: f&,C6,b PWZLL dQC 1 —, To VCL DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: 2—(-67 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 10/19/92 10/01/93 04/11/95 Deadline Date: 11/19/92 10/19/93 04/18/95 cc: City Attorney Department Head • (600.30/standbrid) Two Landscaping bonds still active. �-�o-95p- 92-008529 I $ RECORDING REQUESTED BY 5� CHICAGO TITLE INS.C0.f RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA $ -32o PM JAN 7'92 $ . RECORDO Recorded at re uest of and Tota0. Documentary Transfer TaxReturn to No Considerat,on City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto 19 Cheryl J n n, City Clerk San Juan Capistrano, CA 92675 San Juan Capistrano, CA 610310-3 UP FEE PAYMENT AGREEMENT PARCEL MAP 88-396, AP NO. 124-671-20 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal corporation, State of California, hereinafter referred to as "City" and Stanley R. and Lia C. Stanbridge, whose mailing address is 31431 Paseo Christina, San Juan Capistrano, California 92675, owners of subject property, hereinafter referred to as "Subdivider": WHEREAS, the City approved Subdivision Improvement Agreement and Final Parcel Map 88-396. WHEREAS, the SUBDIVIDER shall pay all fees required by law and all service, impact and connection fees as established by City for each lot in the subdivision in accordance with the City code. WHEREAS, the SUBDIVIDER has made contributions of right-of-way and design and construction of public road improvements WHEREAS, the City approved the deferral of Park and Recreation Fees and Sewer Capacity Fees. NOW THEREFORE, in consideration of the premises and promises herein contained, CITY and SUBDIVIDER agree as follows: 1. CITY agrees to deferral of Parks and Recreation Fees and Sewer Capacity Fees until issuance of either a grading permit or a building permit, whichever occurs first. The amount of the Park and Recreation Fee and Sewer Capacity Fee shall be $3,502 and $3,165 per dwelling unit respectively, or the established fee at the time of permit issuance, whichever is greater. 2. SUBDIVIDER agrees that Parks and Recreation Fees and Sewer Capacity Fees shall be paid by SUBDIVIDER, or the heirs, successors and assigns as the case may be, at the time of either a grading permit or a building permit being issued, whichever occurs first. The amount of the Park and Recreation Fee and Sewer Capacity Fee shall be $3,502 and $3,165 per dwelling unit respectively, or the established fee at the time of permit issuance, whichever, is greater. 3. The terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 5.0-day of December' 1991, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SUBDIVIDER CITY OF SAN JUAN CAP STRANO STANLEY R. AND LIA C. STANBRIDGE By: CITY MANAG R By: Attest• Stanley R. Stanb ' e CITY CL K B APPROVED AS TO FORM Lia C. Stanbridge By: CITY ATTORNE (Attach Notary Acknowledgement) APPROVED AS TO CONTENT By: CITY ENGINEER Attachments: None ALL-PURPOSE ACKNOWLEDGMENT N0209 State of CA`/Go iZn//A CAPACITY CLAIMED BY SIGNER County Of e9 AINDIVIDUAL(S) / Che / ❑ CORPORATE On l`� rJ // before me,�—�JeYr11 /Y-VOLIl ISC�. NOfXiy Vy)UJ/lam OFFICER(S) DATE NA ,TITLE OF OFFICER-E.G.,'JANED NOTARY P C' TITLE(S) ❑ PARTNER(S) personally appeared J(f}N!-E Y /L 4 2-/i1 �. Sihti ii 1714 [IATTORNEY-IN-FACT -7 — NAME(S)OF SIGNER(S) 0 TRUSTEE(S) ❑ personally known to me - OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -Ware [I SUBSCRIBING WITNESS Subscribed to the within Instrument and ac- ❑ GUARDIAN/CONSERVATOR knowledged to me that he*4e/they executed ❑ OTHER: the same in hisih r/their authorized capacity(ies), and that by hisifher/their signature(s) on the instrument the person(s), ortheentityuponbehalf ofwhichtheperson(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PERSON(S)OR ENTmnES) z OFFICIAL SEAL sz. 1.e_5 CHERYL A. JOHNSON Witness my hand and official seal. NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My ootttm. expires DEC 13, 1993 NATURE OdAOTARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document je- ?Q4tXe,. a✓ Aleii-In L'- C"'CAVrIu j MUST BE ATTACHED f Par Number oes TO THE DOCUMENT Nug Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 12.94r.; C.Adv (2 &q � /L C 1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O_Box 7184•Canoga Park,CA 91304-7184 ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) County of /� //may/ / /� _ ' / / /n// CORPORATE/ On / gll before mG�✓�"C/f// �Y• Vn�/1SCA /L�/Tyq�L/ &111 OFFICER(S) DATE N AE,TITLE OF OFFICER-EG.,'JAN DOE,NOTARY BLIC' TITLE($) �I ^/_ uQn [IPARTNER(S) personally appeared -~ �//K/� ❑ ATTORNEY-IN-FACT NAMES)OF SIGNER(S) ❑ TRUSTEE(S) 6�personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS J� to be the person(Wwhose name(aj is/af& El GUARDIAN/CONSERVATOR OFFICIAL SEAL subscribed to the within instrument and ac- CHERYL A. JOHNSON knowledged to me that he/shefthey executed ❑ OTHER: " m NOTARY PUBLIC -CALIFORNIA the same in his/heNtheir authorized ORANGE COUNTY capacity(ias); and that by his/he#thefr MY 00111AB. expires DEC 13, 1993 signature(ayon the instrument the person(s.)' orthe entity upon behalf of which the person(e SIGNER IS REPRESENTING: ..; OFFM�A acted, executed the instrument. N EOF PERSON($ O NTI Y(I�S) c " Witness my hand and official seal. 13 IGNATUREO OTARV ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could preve fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document �� - _ MUST BE ATTACHED TO THE DOCUMENT Number of Pages m ate of Docuent 5 / DESCRIBED AT RIGHT: Signer(s) Other Than Named Above brr ®1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91304 7184 ; a i MEMBERS OF THE CITY COUNCIL � LAWRENCE F RIESS IM KENNETH E FRIESS im[EINN1(4 GARY L HAUSOORFER 1>< Il1AI ISMIN 1961 GIL JONES 176 JEFF VASQUEZ • • CITY MANAGER STEPHEN 8 JULIAN December 9, 1991 Dr, Stanley R. Stanbridge 31431 Paseo Christina San Juan Capistrano, California 92675 Re: Parcel Map 88-396 Dear Dr. Stanbridge: At their regular meeting held November 19, 1991, the City Council of the City of San Juan Capistrano approved your request to defer Parks and Recreation and Sewer Capacity Fees, with the stipulation that a document be recorded setting forth the deferral of fees to either issuance of a grading permit or a building permit, whichever occurs first. The City Council also took action to approve the Final Map and the Subdivision Improvement Agreement. The documents have been forwarded to the Orange County Recorder's Office. A fully-executed copy of the Fee Payment Agreement and the Subdivision Improvement Agreement are enclosed for your files. If you need any further information, please let us know. Very truly, ,yours, Cheryl Johnson City Clerk Enclosure cc: Director of Engineering and Building 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 l 0 \ DIRECTOR OF ENGINEERING AND BUILDING SERVICES X11. REQUEST FOR DEFERRAL OF PARK AND RECREATION AND SEWER CAPACITY FEES AND APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL MAP - PARCEL MAP 88-396, PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SAN JUAN CREEK ROAD/PASEO CHRISTINA (STANBRIDGE) (600. 30/420.70) Written Communication: Report dated November 19, 1991, from the Director of Engin- eering and Building, recommending that the Park and Recrea- tion and Sewer Capacity Fees not be deferred and that the Subdivision Improvement Agreement for the widening of San Juan Creek Road and Final Map 88-396 be approved for the subdivision of a 9. 09-acre site into three residential parcels. Mr. Huber made an oral presentation, , noting that the City's fiscal situation did not warrant deferral of the fees and stating that the applicant had not identified unique and extraordinary circumstances to place the costs of subdividing the property onto future building permit applicants. Approval of Subdivision Improvement Agreement and Final Map 88-396 and Deferral of Fees Payment: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that: (1) Payment of Park and Recreation and Sewer Capacity Fees be deferred until the issuance of grading permits, with an instrument to be recorded noting that these fees will run with the property and are to be paid at the time of grading permit issuance; (2) The Subdivision Improvement Agreement for the widening of San Juan Creek Road and adjacent landscaping be approved; and (3) Final Map 88-396 be approved, based on the finding that the Final Map is in conformance with the Subdivision Map Act and conditions set forth in Resolution 908-7-3 . The Mayor and City Clerk were authorized to execute the Agreement. The City Engineer and City Clerk were authorized the execute the Final Map, and the City Clerk was authorized to record the documents with the County Recorder's Office. -13- 11/19/91 • AGENDA ITEM November 19, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Subdivision Improvement Agreement and Final Map, Request for Deferral of Park and Recreation and Sewer Capacity Fees, Parcel Map 88-396, Stanbridge, Southwest Corner San Juan Creek Road/Paseo Christina SITUATION Dr. Stanley Stanbridge has submitted the above referenced map in order to subdivide a 9.09-acre site into three residential parcels, one having been previously developed. The Engineering Division has reviewed the Final Map and found it to be in conformance with the Subdivision Map Act, the approved Tentative Map and the conditions set forth in Resolution 90-8-7-3 (attached). This map has been conditioned to install approximately 600 feet of additional paving to the west of Paseo Christina to create a right turn lane on eastbound San Juan Creek Road. In addition, landscaping will be installed within parcels adjacent to San Juan Creek Road. The estimated cost of these improvements is $36,000. The attached Subdivision Improvement Agreement is to ensure fulfillment of those conditions. According to the attached letter, Dr. Stanbridge has requested deferral of Park and Recreation fees ($7,004) and Sewer Capacity fees ($6330). The Agricultural Preservation fee noted in the letter is not due until issuance of building permits. Fees are based on two parcels, since the developed parcel has previously paid the referenced fees. Park and Recreation and Sewer Capacity fees are normally required to be paid prior to approval of the Final Map unless deferred by Council until a later date, usually issuance of building permits. Applicant has not identified unique and extraordinary circumstances that justify shifting the financial cost of subdividing the property to future building permit applicants. In addition, the general City fiscal condition is such that fee waivers or deferrals should be strongly discouraged when no direct public benefit is identified. NOTIFICATION See attached list. COMMISSION/BOARD REVIEW, RECOMMENDATIONS This map has been previously reviewed by the Planning Commission and City Council. FINANCIAL CONSIDERATIONS Financial considerations are as noted above. There are no other impacts. rV FOR CITY COUNCIL AGENDt/ ) AGENDA ITEM • • November 19, 1991 Page 2 ALTERNATE ACTIONS 1. Do not approve deferral of fees, approve the Subdivision Improvement Agreement and the Final Map with the condition that Park and Recreation and Sewer Capacity fees be paid prior to City release of the map for recordation. 2. Approve deferral of fees, approve the Subdivision Improvement Agreement and the Final Map. 3. Do not approve deferral of fees, the Subdivision Improvement Agreement or the Final Map. Request additional information from Staff. RECOMMENDATION By motion, require payment of Park and Recreation and Sewer Capacity fees prior to release of the Final Map to the County Recorder. Approve the Subdivision Improvement Agreement for the widening of San Juan Creek Road and adjacent landscaping and approve Final Map 88-396, based on the finding that the Final Map is in conformance with the Subdivision Map Act and the conditions set forth by Resolution 90-8-7-3. Authorize that after payment of Park and Recreation and Sewer Capacity fees the Mayor and City Clerk may execute the Agreement and the City Engineer and City Clerk may execute the Final Map and authorize that the City Clerk may then record both documents with the Orange County Recorder's Office. Respectfully submitted, William M. Huber, P.E. WMH/RAF:ssg Attachments: Resolution 90-8-7-3 Subdivision Improvement Agreement Location Map Notification List November 6 Letter from Dr. Stanbridge . RESOLUTION NO. 90-80-3 APPROVING TENTATIVE PARCEL MAP E8-396 (STANBRIDGE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 88-396 (STANBRIDGE) WHEREAS, the applicant, Mr. Stanley R. Stanbridge, 31431 Paseo Christina, San Juan Capistrano, California, has submitted Tentative Parcel Map 88-396, proposing to subdivide approximately 9.093 acres of land, identified as Assessor's Parcel No. 121- 671-20, into three residential lots; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly issued a negative declaration for the project, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the project to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with all elements of the General Plan; and, 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use); and, 3. The project site is physically suitable for the type and density of the proposed development; and, 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat; and, 5. The design or improvements of the proposed project will not cause serious public health problems; and, 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project; and, 7. The design-or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. -t- NOW ,OREFORE, BE [T RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve the Negative Declaration and does hereby approve Tentative Parcel Map 88-396 (Stanbridge), subject to the following conditions: I. Expiration of Approval - Per Section 9-2.303 of the Municipal Code, this project development approval shall expire on August 7, 1992, i.e., two years from the City Council approval date. if the final map has not been recorded by that date, the development approval shall :+ecome null and void. 2. Easement - The 30-foot ingress/egress easement which bisects the northern portions of Parcels 1 and 3 shall be quitclaimed prior to approval of the final map. 3. Grading Plan a. The Environmental Review Board shall review the grading plans for each parcel to ensure consistency with the Hillside Management District requirements and the conditions of approval for said map prior to release for building and grading plan check review. b. The graded pad portions of Parcels 2 and 3 shall be reduced to approximately 10,000 square feet in overall size for each parcel. The western perimeter of the building pad and accessory structures for Parcel 2 shall not extend beyond the existing 140-foot contour line. The western perimeter of the graded pad and accessory structures for Parcel 3 shall not extend beyond the existing 135- foot contour line. The minor grading needed to construct the building pads may extend beyond these contour lines. 4. Landscaping a. The two trees located along the southern perimeter of Parcel 2 shall be preserved. b. All manufactured slopes, which may result from site development, shall be hydroseeded or treated with a similar erosion control method. The erosion control method shall be identified on the grading plan reviewed by the Environmental Review Board prior to plan check release. C. A conceptual landscape plan for Parcel Nos. 1, 2, and 3 shall be submitted to and approved by the Director of Community Planning and Development prior to approval of the final map. Said landscape plan shall blend with the landscape treatment on the adjacent property to the west (TT 13823 - Diffley), the property across Paseo Christina and to the east (Parcel Map 81-856 - Freeman), and the palette planned for the center median on San Juan Creek Road in front of subject property. Special attention shall be given to the landscape treatment in the area between the existing right-of-way and the existing fence line on Parcel I. Said -2- r • landscaping shall maintain thorax character of the area arc offset the removal of a mature Pepper tree during the constructor of the existing dwelling. d. The existing Pepper tree which is located on the southwest corner of Paseo Christina and San Juan Creek Road shall be preserved. e. The subdivider shall install all landscaping shown on the approved landscape plan, in accordance with a schedule to be specified in a subdivision improvement agreement. Such agreement shall be approved concurrently with the final map. 5. Public Improvements - The applicant shall be required to complete the following public improvements prior to building permit issuance for Parcel Nos. 2 and 3. a. The applicant shall install a water main and fire hydrant per Orange County Fire Department requirements in La Pasita prior to issuance of the first building permit. One hydrant shall be located near the driveway for Parcel 2. Final location of the fire hydrant for Parcel 3 shall be determined by the Orange County Fire Department prior to grading permit issuance for said parcel. b. Parcel Nos. 2 and 3 shall be required to connect into one of the three sewer lines which surround the property. Should topographical and engineering conditions require the sewer line for Parcel 3 be connected into the Paseo Christina line, Parcel l shall grant an easement for said sewer line. C. All above-ground utility lines, including the poles, within the property boundaries shall be located underground. All utilities lines shall be installed prior to the issuance of the Certificate of Occupancy. 6. Circulation and Access - The driveway which accesses Parcel 3 shall be a minimum 20-foot-wide per Orange County Fire Department standards. A turnaround for Fire Department apparatus shall be included on the final parcel map. Said turnaround shall conform to Orange County Fire Department standards. 7. Fees and Permits - All required development fees shall be paid prior to the approval of the final map. Building and grading plan check and permit fees shall be paid prior to the issuance of the applicable permits. No work may be started prior to issuance of all applicable permits by the City Building Official. 8. San Juan Creek Road Improvements - The subdivider shall enter into a subdivision improvement agreement with the City to provide for improvements to the eastbound side of San Juan Creek Road along the property frontage, in accordance with the City's Precise Alignment Plan. Said improvements shall include paving and striping of the road and any necessary road signing. The agreement shall either specify that -3- t he subdivider will deposit with the ity funds to fully co%er these improvements, or 2) that the subdivider will install the improvements. The amount of deposit for such improvements shall be determined by the City Engineer. This agreement shall be approved concurrently with the final map. PASSED, APPROVED, AND ADOPTED this 7th day of August L990- GARY Y AU DO , MAS R ATTEST: L�FXnf CERYL JOHNSON, 1 Y CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. ._qa-8-7-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of Aucust , 1"0, by the following vote: AYES: Councilmen Schwartze, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSTAIN: None ABSENT: Councilman Friess (SEAL) CHERYL ,, Y CLERK -4- m _ N AA V.. CL r i i ..r,. O. • Stanle Y Lia Stanbridge 31431 Paseo Christina San Juan Capistrano, CA 92675 November 6 , 1991 . Mayor Kenneth Friess & Members of the City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mayor Friess & Council members : We would like to appeal to you to please approve a deferment of the sewer connection fees and the Park and Agricultural fees relating to our lot split on Paseo Christina. Payment had initially been requested at £he time of recordation of the parcel map, however, during the course of this project, the costs incurred have been considerable, taking into account the fact that we are only creating three lots . In addition, we are responsible for the costs of widening San Juan Creek Road, landscaping and installation of 700 feet of 8 inch water line and three fire hydrants plus the bonding of these projects . These are times of financial hardship and we simply don ' t have the money, considering what we have spent and will yet have to spend. Fees to date and engineering costs have already created a financial burden for our family. When we applied for permits for the construction of our current residence in San Juan Capistrano, we paid the fees you are requesting and we are asking you to please apply these fees in question in the same manner to the potential homebuilders . We appreciate your consideration . Sincerely, x 5 LOTS Stanley R. Stanbridge (�7• /0 . SRS/lcs FJ, 0..Y/ • /rEm 5(2'11EJcfCE� FO,C 104Y C? /goo 4cv 199