Resolution Number 93-7-6-3;385
RESOLUTION NO. 93-7-6'3
APPROVING ONE-YEAR EXTENSION OF TId
T.±•tT ITS. Il. TF •IwT I.•A .I .O •I•AI.T. • .1•. II
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
A ONE-YEAR TIME EXTENSION ON THE APPROVAL OF VESTING
TENTATIVE TRACT MAP 14181, LOCATED AT THE WESTERN
PERIMETER OF THE MARBELLA PLANNED COMMUNITY, EAST
OF RANCHO VIEJO ROAD AND NORTH OF GOLF CLUB DRIVE
(MARBELLA DEVELOPMENT COMPANY)
WHEREAS, the applicant, Marbella Development Company, has submitted an
application for a one-year time extension on the approval of Vesting Tentative Tract Map
14181 for the property located on and adjacent to the western perimeter of the Marbella
Planned Community, east of Rancho Viejo Road, and north of Golf Club Drive; and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the applications; 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 the land use designation of the General Plan in that
its proposed uses were included in a detailed study, Comprehensive
Development Plan 86-4, which determined that the residential uses and
commercial land uses were appropriate for the subject property.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code and the Marbella
Comprehensive Development Plan (CDP 86-4) in that the proposed uses's
development standards are consistent with the existing Fairway
Residential and Specific Development zone districts approved for the
Marbella Planned Community.
3. The project site is physically suitable for the type and density of the
proposed development in that the uses will be less intense than the uses
approved for the site pursuant to Comprehensive Development Plan 86-4.
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 in that adequate mitigation
measures have been employed to reduce any potential impact to a level
of non -significance.
5. The design or improvements of the proposed project will not cause
serious public health problems in that sufficient mitigation measures
have been conditioned which will reduce any potential impact to a level
of non -significance.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby approve a one-year time extension to May 21, 1994, on
the approval of Vesting Tentative Tract Map 14181, subject to the following conditions:
Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this
project approval shall expire one year from the City Council approval
date, unless the tentative map approval is extended.
2. Home Warrant - The provisions of Title 8, Chapter 9 (Home Warranty
Ordinance of the Municipal Code shall apply to any person, firm or
corporation selling or offering for sale within the project three or more
dwelling units, not previously occupied for residential purposes, during
any twelve month period.
3. Landscaping - Landscaping shall be installed as follows:
a. Erosion -Control landscaping for all manufactured slopes shall be
installed immediately following the certification of the rough
grading and approved by the Building Division.
b. The developer shall be responsible for adequately installing and
maintaining all landscaping until such maintenance may be assumed
by the Property Owners' Association. The developer shall enter
into a license agreement with the Engineering Division for
maintenance of landscaping within public rights-of-way adjacent to
the property's frontage. —
C. Final building inspection shall not be conducted for any dwelling
unit until street trees have been installed and approved by the
Marbella Property Owners' Association.
d. The tract design shall incorporate all landscaping buffer areas
adjacent to the sound walls into areas maintained by the
Homeowners' Association. Said provisions shall be included in the
tract CC&Rs.
e. The minimum box size for the California Pepper trees in the buffer
area on the slope shall be 36' box.
Prior to Final Map Approval, the Subdivider Shall Complete the
Following:
a. CC&Rs - The developer shall submit a set of conditions, covenants,
and restrictions (CC&Rs) for the project. Said CC&Rs shall be
approved by the Director of Planning, City Engineer and City
Attorney. The CC&Rs shall be recorded in conjunction with the
final map and shall include at the minimum:
(1) Provisions on the use and maintenance by the Homeowners'
Association of common areas and slopes.
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(2) The prohibition of radio or television antennas projecting
above any roof eaves.
b.
Street Names - Streets names shall be approved by the Director of
Planning.
C.
Off -Site Grading - Any off-site grading will require written
permission of property owner affected. Said written notice shall be
notarized and filed with the City Engineer.
d.
Geotechnical Study - A Soil Report/Geotechnical Feasibility Study
shall be submitted to and approved by the Director of Building and
Engineering Services. The applicant may provide an updated
addendum to the geotechnical study submitted for Tract 12954.
e.
Hydrological and Hydraulic Calculations - Submit to the
Engineering Division a storm run-off study showing existing and
proposed facilities, hydraulic and hydrologic calculations, and the
method of draining this area and tributary areas without exceeding
the capacity of any street or facility on-site or off-site.
f.
Slope Warranty - The developer shall implement a soils subsidence
program for all residential lots. The program shall be approved by
the Director of Building and Engineering Services.
g.
Fees and Deposits - The developer shall submit all required
deposits, fees and bonds in accordance with the Municipal Code.
'
Any fees, deposits or bonds that were collected with Tract 12954
shall not be duplicated.
K.
Maintenance and Liability Insurance - An agreement shall be
executed and approved for maintenance and liability insurance for
walks and utility easement on the east side of Rancho Viejo Road
and immediately adjacent to the property.
i.
Improvement Plans - The improvement plans shall be submitted to
and meet the approval of the City Engineer.
(1) The developer shall submit street improvement plans,
prepared by a civil engineer that show storm drain, sewer and
water improvements, Water improvement plans shall meet
the approval of the Capistrano Valley Water District and the
Orange County Fire Marshall.
5. Subdivider shall include the following information on the final map:
a.
Street Design - The street design shall meet the approval of the
City Engineer and shall include the following:
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(1) The curves on "A" Street, west of "B" Street, shall be
designed for a minimum of 20 miles -per -hour, governed by
the safe speed on horizontal curves, or change to a knuckle
design.
(2) Provide a maximum 4 percent approach grade on "A" Street
for 100 feet from the curb returns "A" Street at the Marbella
Vista intersection.
(3) On "C" Street, if possible, provide off-street parking in the
island.
(4) Provide a minimum 100 -foot tangent for "B" Street from the
center line of "A" Street, or secure approval from City
Engineer for lesser tangent.
b. Dedications and Easements
(1) Dedicate a utility and public sidewalk easement along the
property's frontage and adjacent to the street right-of-way
line.
(2) Provide a ten -foot radial cut-off at the northwest corner of
Lot 8 for 20 -foot access easement. This easement shall not
diminish the lot's 45 -foot frontage.
(3) Dedicate appropriate easements to the City for emergency
and public security ingress and egress purposes.
(4) Drain and sewer facilities shall be provided with necessary
easements for main line facilities.
C. Vehicular Rights - Vehicular access rights to Rancho Viejo Road
shall be relinguished to the City, except at approved driveways and
street intersections.
6. Any conditions that have been fully accomplished through Tract 12954
shall not be duplicated.
7. The grading contours shall be softened on the northern portion of the
project.
8. Building materials for the commercial site shall be limited to non -
reflective surfaces, to exclude excessive glare into the residential use.
9. Exterior lighting for buildings and parking lot areas in the commercial
site shall be directed downward and away from residence so as to avoid
light spillage into the residential areas.
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10. Lighted signs from the commercial site that are visible from the
residential tract shall be prohibited.
PASSED, APPROVED, AND ADOPTED this 6th
of July , 1993.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
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. g_;_7_�,_3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of July , 1993, by the following vote:
AYES: Council Members Nash, llausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON—,CITY-CLERK �-
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