Resolution Number 93-9-21-2125
RESOLUTION NO. 93-9-21-2
APPROVAL OF TENTATIVE PARCEL MAP 92-253
AND NEGATIVE DECLARATION - HARBIN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP 92-253, A THREE -LOT SUBDIVISION OF
ASSESSOR'S PARCEL NUMBER 649-091-20 LOCATED AT 31641 AVENIDA
EVITA (HARBIN)
WHEREAS, the applicants, Mr. and Mrs. Harbin, 31921 Camino Capistrano, Suite 425, San
Juan Capistrano, 92675, have submitted an application for a three -lot tentative parcel map for Assessor's Parcel
Number 649-091-20, a three -acre site located at 31641 Avenida Evita; and,
WHEREAS, on April 4,1993, the Zoning Administrator approved Conditional Use Permit 91-1,
allowing a second residential dwelling unit on Parcel No. 1 of the proposed parcel map; and,
WHEREAS, on July 13, 1993, the Environmental Review Board determined that the proposed
subdivision would not result in any significant impacts and issued a Negative Declaration; and,
WHEREAS, on August 10, 1993, the Planning Commission conducted a public hearing and
considered the Negative Declaration and this project with respect to the standards established by the Land Use
Code and adopted Resolution No. PC 93-8-10-1, forwarding a recommendation of approval of the project to the
City Council.
' NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby find that:
1. The Negative Declaration has been reviewed and considered in accordance with the
provisions of the California Environmental Quality Act.
2. The proposed parcel map is consistent with the Land Use Code in that the project
complies with all of the development standards set forth for minimum lot size and
street frontage.
3. The proposed map's design or improvements are consistent with the General Plan in
that the division of the site will provide land for additional residential development,
which aids in implementing the General Plan designation of 1.2 Low Density
Residential.
4. The project site is physically suited for the proposed type of development in that it
contains gentle slopes that, with minimal finish grading, will be capable of sustaining
two single-family homes.
5. The site is physically suited for the proposed density of development in that it can
support the proposed development of two additional residences.
6. The proposed project or its improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat in that the Environmental Review Board has determined that the proposed
subdivision would not result in any significant impacts to the environment and issued
a Negative Declaration for the project.
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7. The design of the subdivision or the type of improvements is not likely to cause serious _
public health problems in that the Environmental Review Board reviewed the initial
study as part of the environmental review process and determined that there are no
impacts to public health as a result of this proposal.
8. As conditioned, the proposal will not interfere with any existing or proposed public
easements, or equivalent easements are proposed to compensate for the loss of existing
easements.
9. The design or improvements of the proposed subdivision will not interfere with the
maintenance or preservation of an historic site because the proposed subdivision does
not involve any historic structure or site. As part of the environmental review process,
the Environmental Review Board determined that no significant impacts would result
to any historic site.
10. The proposed project is not subject to City requirements for installation of equestrian
feeder trail segments because of General Plan Amendment 90-3, the record of which
established that deletion of the extension of Via Estelita relieved property owners of
equestrian feeder trail installation responsibility.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does
hereby approve the Negative Declaration and Tentative Parcel Map 92-253 subject to the following conditions:
ATTEST:
CITY CLERK
1. Prior to Final Map approval the subdivider will enter into a Subdivision Agreement
with the City of San Juan Capistrano that will include:
a. That the Subdivider, subsequent parcel owners, heirs or assignees, shall agree
to financially participate in the design and construction of the extension of
Avenida Evita from the most easterly cul-de-sac to Via Estelita as approved
by the City Engineer.
b. That the subdivider, subsequent parcel owners, heirs or assignees, shall pay
without protest, their Fair Share of the above-mentioned improvement to the
responsible party, coordinating construction as required by a previous
Subdivision Agreement for Parcel Map 88-419 (Clegg), and shall abide by the
conditions of said agreement.
C. That the subdivision agreement shall be recorded with the Orange County
Recorder and will be binding on each of the three parcels created by this
subdivision.
PASSED, APPROVED, AND ADOPTED As 21* day of September, 1993.
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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. 93-9-21-2, adopted by the
City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day
of September, 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell,
Vasquez and Mayor Jones
ABSTAIN: None
ABSENT: None
(SEAL) /
CHERYL JOH CITY CLERK K
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