Resolution Number 91-10-1-6r27
RESOLUTION NO. 91-10-1-6
UPHOLDING APPEAL OF THE PLANNING COMMISSION DENIAL OF HILLSIDE
MANAGEMENT 91-5, FOR LOTS 36 AND 37, TRACT 11753 HUNT CLUB EMERY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, UPHOLDING AN APPEAL OF
THE PLANNING COMMISSION'S DENIAL OF HILLSIDE
MANAGEMENT 91-5, A PROPOSED GRADING PLAN FOR LOTS 36
AND 37 OF THE HUNT CLUB II SUBDIVISION, TRACT 11753
(EMERY)
WHEREAS, the applicants, William and Jane Emery and Theodore and
Margaret Heston, have submitted a grading permit application to the City of San Juan
Capistrano and the City did determine that the project was subject to compliance with
Section 9-3.505, Hillside Management of the Land Use Code; and,
WHEREAS, Section 9-3.505(f) of the Municipal Code grants the Planning
Commission authority to take final action on Hillside Management applications; and,
WHEREAS, the Environmental Review Board considered this project at their
July 23 and July 26 meetings and issued a mitigated negative declaration and forwarded
this project to the Planning Commission for review and action; and,
WHEREAS, the Planning Commission considered this project with respect to
the objectives established by Section 9-3.505 of the Land Use Code, determined that the
project did not comply with the City's Hillside Management objectives, and denied this
project based on findings contained in Planning Commission Resolution 91-8-13-6; and,
WHEREAS, the applicants, William and Jane Emery and Ted and Margaret
Heston, have filed an appeal of the Planning Commission's action to deny the project
contending that the project complies with the objectives of the Hillside Management
District; and,
WHEREAS, Section 9-2.314 of the Land Use Code authorizes the City Council
to hear and decide all appeals of Planning Commission actions including the subject
application.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
1. The project is consistent with the policies and objectives of the San Juan
Capistrano General Plan as embodied in the purpose and intent of Section
9-3.505, Hillside Management of the Land Use Code; and,
2. The project complies with the standards and objectives established by
Section 9-3.505(g) of the Land Use Code.
3. The proposed grading is substantially limited to areas of existing
artificial buttress fill slope.
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4. The proposed grading will create pads which comprise a smaller
proportion of pad size compared to lot size than other lots in Tract
11753.
BE IT FURTHER RESOLVED, that:
1. The City Council of the City of San Juan Capistrano does hereby uphold
the appeal of the Planning Commission's denial of Hillside Management
91-5, Emery based on the findings contained herein; and,
2. The City Council of the City of San Juan Capistrano does hereby grant
an exception to the Municipal Code Section 9-4.112(2) to allow an
approximate 50 foot high one (1) horizontal to one vertical fill slope on
Lot 37, based on the findings contained herein.
PASSED, APPROVED, AND ADOPTED this
of October , 1991.
ATTEST -
VIA
1st
KENNETH E. FRIESS, MAYOR
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day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 91-10-1-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 1st day
of October , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and
Mayor Friess
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) C//�(LF�t c
CHERYL JUWNSON, CITY CLERK
CHECK LIST
ORD. NO.
•Mayor has signed
Clerk has signed
City Seal stamped
All blanks typed in
"Absent"
"Noes" ,&—
"Abstain" —a`
RES. NO.-/0-/—(�
Copies sent to post 3 Ord. dist.
file Z0.6 o
mail certified
/2E;/
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
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