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
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• 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
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4cv 199