Resolution Number 96-10-15-4P401.01
RESOLUTION NO. 96-10-15-4
APPROVING TENTATIVE PARCEL MAP 96-140 (CAM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
96-140, A SUBDIVISION OF LOT 23, TRACT 13025 INTO TWO PARCELS
(MICHAEL CANE)
WHEREAS, the applicant, Michael Cane of 28462 Via Ordaz, San Juan Capistrano,
California 92675, is owner of certain real property described as Assessor's Parcel Number
664-201-22, which is located at the cul-de-sac terminus of Via Santa Maria; and,
WHEREAS, Mr. Cane has submitted plans to subdivide Lot 23, Tract 13025 into two
parcels for the purpose of residential development; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code and has been reviewed for compliance with the City's
General Plan and the City's adopted Architectural Design Guidelines; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15070 of the California Environmental Quality Act (CEQA) and issued a Class 15
Categorical Exemption and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission conducted a duly -noticed public meeting on
September 24, 1996, pursuant to City Council policy and forwarded a recommendation to the City
Council for approval of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project and map are consistent with the policies and objectives
of the San Juan Capistrano General Plan in that the overall density is consistent with the one unit per
gross acre designation.
2. The proposed project complies with all applicable provisions of the Land Use
Code subject to those conditions cited in this resolution.
3. The subdivision of Lot 23, Tract 13025 should not be construed as providing
any type of easement for the use of Paseo Riobo.
4. The proposed project and map are consistent with the policies and objectives
of Comprehensive Development Plan 86-2 in that the proposed lot areas are consistent with the
minimum 30,000 -square -foot lot size and 30% open space requirements.
-1-
300
5. The site is physically suitable for the type and proposed density of this type of
development given that a Comprehensive Development Plan encompassing surrounding properties
has been approved and structures similar to those proposed here have subsequently been constructed.
6. The design of the subdivision and subsequent improvements are not likely to
cause substantial environmental damage or substantially and unavoidable injure fish or wildlife or their
habitat given that the applicant has agreed that no structures will be built upon proximate hillsides and
that final site and grading plans will be approved by the City before any development may occur.
7. The design of the subdivision is not likely to cause serious public health
problems.
8. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of, property within the proposed subdivision given that
the applicant has agreed to allow the drainage easement portrayed on Parcel 2 of the map to remain
public and that the easements named in the submitted, official title report do not conflict with the
proposed use.
9. The design of the proposed subdivision does not interfere with the maintenance
or preservation of an historical site.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve the Tentative Parcel Map application for this project subject to the
following conditions of approval:
Le 1
1. Specific site plans (noting the intended building pad area and orientation of
proposed homes) as well as final grading plans shall be approved by the City Engineer and Planning
Director prior to final recordation of the parcel map.
2. Design improvements and maintenance for storm drain facilities serving not
only this lot, but off-site lots additionally, shall be approved by the City Engineer.
PASSED, APPROVED, AND ADOPTED this 15th day of
October 1996.
1�O
WYA HART, MAYOR
ATTEST:
CIT CLE
-2-