Resolution Number 91-5-21-521
RESOLUTION NO. 91-5-21-5
APPROVING TENTATIVE TRACT MAP 14181 (FAIRWAY PROPERTIES COMPANY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
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 (FAIRWAY PROPERTIES COMPANY)
WHEREAS, the applicant, Fairway Properties Company, has submitted
applications for 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, the Planning Commission has forwarded the project to the City
Council with a recommendation of approval; 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 has reviewed the Addendum Environmental
Impact Report and has certified the Addendum as recorded in City Council Resolution
91-5-21- 4; 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 use's
development standards are consistent with the existing Fairway
Residential and Specific Plan 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 CDP 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
measure have been employed to reduce any potential impact to a level of
non -significance.
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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.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby
approve 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 two years from the City Council approval
date, unless the tentative map approval is extended.
2. Home Warrant - The provisions of Chapter 8-6 (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 occupi :i 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 the the
tract CC&Rs.
e. The landscape plan and the design of the sound wall shall be
reviewed iby the Design Review Commission prior to final map
approval.
f. The miniinum box size for the California Pepper trees in the buffer
area on the slope shall be 36" box.
4. Prior to final map approval, the subdivider shall complete the following:
a. CC&R's - The -developer shall submit a set of conditions, covenants,
and restrictions (CC&R's) for the project. Said CC&R's shall be
approved by the Director of Planning, City Engineer, and City
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(1) The developer shall submit street improvement plans,
prepared by a civil engineerF,that show storm drain, sewer,
and water improvements. Water improvements plans shall
meet the approval of the Capistrano Valley Water District
and the Orange County Fire Marshall.
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Attorney. The CC&R's shall be recorded in conjunction with the
final map and shall include at the minimum:
(1) Provisions on the use and maintenance by the owners'
association of common areas and slopes.
(2) The prohibition of radio or television antennas projecting
above any roof eaves.
b.
Street Names - Street 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.
Soils Subsidence Program - The developer shall implement a soils
subsidence program for all residential lots. The program shall be
approved by the Director of Engineer and Building Services.
g.
Fees and Deposits
(1) The developer shall submit all required deposit, fees, and
bonds in accordance with the Municipal Code. Any fees,
deposits, or bonds that were collected with Tract 12954 shall
not be duplicated.
h.
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 engineerF,that show storm drain, sewer,
and water improvements. Water improvements plans shall
meet the approval of the Capistrano Valley Water District
and the Orange County Fire Marshall.
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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:
1. The curves on "A" street, west of "B" street shall be designed
for a minimum of 20 MPH, 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 n/w 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 pro, ;:Jed with necessary
easements for main line facilities.
C. Vehicular Rights - Vehicular access rights to Rancho Viejo Road
shall be relinquished 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 soften 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 residences 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
of May . 1991.
ATTEST:
21st
KENNETH E. FRIESS, MAYO
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
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. 91-5-21-5 adopted by the City Council of the City of San Juan
Capistrano, Cali ornia, at a regular meeting thereof held on the 21st day
Of May , 1991, by the following vote:
AYES: Councilmen Jones, Hausdorfer, Vasquez
NOES: None
ABSTAIN: None
ABSENT: Councilman Buchheim and MayordFress
(SEAL)
CHERYL JWNSQN, CITY CLERK
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