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Resolution Number 90-4-17-2RESOLUTION NO. 90-4-17-2 REAFFIRMING PLANNING COMMISSION ACTION - ARCFQTECTURAL CONTROL 96-7 (CAPISTRANO VALLEY TENNIS CLUB BUNNELL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE PLANNING COMMISSION'S CERTIFICATION OF THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT 87-1 FOR REVISED AC 86-7 AND CONDITIONAL APPROVAL OF AC 86-7, SEVERAL CONDITIONS OF WHICH WERE APPEALED (CAPISTRANO VALLEY TENNIS CLUB AND VILLAS/BUNNELL-BLACK) WHEREAS, the applicants, Cecil R. Bunnell, 31121 Brooks, South Laguna, California, and Kenneth B. Black Jr., 24843 Del Prado, Suite 125, Dana Point, California, have submitted revised AC 86-7, proposing to construct a 10 -acre, 22 -court tennis club and academy and a 6 -acre, 50 -unit single-family detached residential development; and WHEREAS, The City's Environmental Review Board has determined that the proposed project is consistent with the requirements of Final Environmental Impact Report 87-1, which was certified by the City Council on November 21, 1989, and has otherwise carried out all requirements of the California Environmental Quality Act; and has required an Addendum to Final Environmental Impact Report 87-1 that incorporates the preliminary hydrologic analysis; and 2. The City's Parks and Recreation Commission has reviewed this project and forwarded it with a recommendation of approval, subject to certain conditions; and 3. The City's Equestrian Commission has reviewed the project and forwarded it with a recommendation of approval, subject to certain conditions; and 4. The City's Traffic and Transportation Commission has reviewed the project and forwarded it with a recommendation of approval, subject to certain conditions; and 5. The City's Architectural Board of Review has reviewed the project and forwarded it with a recommendation of approval, subject to certain conditions; and 6. The City's Planning Commission reviewed and approved the project on February 27, 1990, subject to conditions; and 7. On March 9, 1990, the applicants filed an appeal of Condition Nos. 3, 5a, 8, 14 and 20 and requested that the appeal be heard concurrently with the City Council's action on the associated Vesting Tentative Tract Map 14216; and 8. The City Council has reviewed the appeal application and has considered alternative language for Condition Nos. 3, 5a, 8, 14 and 20. -1- WHEREAS, the City Council of the City of San Juan Capistrano hereby reaffirms the following findings: a. The plan complies with all provisions of Title 9 of the Municipal Code. b. The approval of this plan is in the best interest of the public health, safety, and general welfare; C. General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the public development; d. General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing, and similar elements have been incorporated in order to ensure the compatibility of this development with its designed concept and the character of adjacent buildings; and e. General landscape considerations, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas, and similar elements have been considered to ensure visual relief, to complement buildings and structures, and to provide an attractive environment for the enjoyment of the public. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby reaffirm the Planning Commission's approval of the Addendum to Final Environmental Impact Report 87-1 for the purposes of AC 86-7; BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby reaffirm the Planning Commission's approval of AC 86-7, subject to the following conditions: Validation of Approval - This resolution is not valid unless Final Parcel Map 87-153 is approved by the City Council. If approved, all conditions of Final Parcel Map 87-153 shall also apply to this resolution. If said final map is not approved by the City Council, this resolution shall become null and void. 2. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this project approval shall expire on April 3, 1992, i.e., two years from the City Council approval date. If no building permit has been issued for the project by that date, the development approval shall become null and void. 3. Building Plans - Final building plans (working drawings) shall be reviewed by the Architectural Board of Review (ABR) and shall be approved only if said Board determines that the working drawings are consistent with the concept plans approved with this resolution. -2- 163 4. Landscaping a. The final irrigation and landscape plans shall be reviewed by the Director of Community Planning and Development prior to Phase III review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. b. The final landscaping plans shall reflect the fullness and character that has been depicted in the project renderings which are part of this approval. C. The existing trees along the easterly and westerly property lines shall remain and shall be identified on the final landscaping plans. d. The 24 -inch box camphor trees shall be substituted with 24 -inch box sycamore trees. 5. Gradin a. The final grading plan shall be reviewed and approved by the Director of Community Planning and Development prior to Phase III review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. b. The erosion control improvements along the creek shall be similar in design as those approved for the Lacouague Ranch. 6. Signs a. The final signage plan shall be reviewed by the Director of Community Planning and Development prior to Phase ❑I review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. b. The tennis club and academy shall be identified on one monument sign which shall not exceed 6 feet in height and 60 square feet in sign area. 7. Lighting a. The tennis court lights shall not exceed 20 feet in height, except for the center and stadium court lights which shall not exceed 25 feet in height. All fixtures shall confine direct light rays to the court surface. -3- MIA b. The decorative walkway lights shall not exceed 10 feet. C. The parking lot standards shall be a decorative fixture similar to the walkway fixtures and shall not exceed 13 feet in height. d. Street light standards shall be installed at the intersection near the entrance and at the three corners within the residential subdivision. Said street lights shall comply with the standards of the City's Public Works Department. e. Tennis court night lighting shall be limited to no later than 9:00 p.m. (October through March) and 10:00 p.m. (April through September). f. The final lighting plan, including fixture specifications, shall be reviewed by the Director of Community Planning and Development prior to Phase III review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. 8. Architecture a. The final exterior elevations shall be reviewed by the Architectural Board of Review during Phase III review. b. Architectural elevations shall reflect the fullness and character that has been depicted in the project renderings which are part of this approval. C. Roof -mounted equipment shall be prohibited. d. The color of the roof tiles shall be darker than the original color submitted, and a large tile sample shall be submitted to the Planning Commission, along with the sign, lighting and landscaping plans, prior to Phase III review. 9. Site Plan Design - Modifications to the site plan design shall be reviewed ap and proved by the Director of Community Planning and Development prior to approval of the final tract map. Prior to approval of the revised site plan, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. The following modifications shall be incorporated into the revised site plan: a. The proposed exit lane shall be reduced from 20 feet to 13 feet and a 3 -foot, 6 -inch wide landscaped parkway shall be provided behind the 4 -foot wide sidewalks on both sides of the project entrance/exit. b. The proposed 28 -foot street section shall be reduced to 24 feet. -4- 165 C. The proposed street configuration along the westerly portion of the proposed residential development shall be redesigned to improve sight distance. d. The proposed pedestrian accessway between lots 12 and 13 shall be relocated to between lots 14 and 15. e. The building separation between residential units shall be varied, but shall not be less than 10 feet; and shall provide 5 -foot minimum sideyard setbacks for building structures and 3 -foot minimum sideyard setbacks for architectural projections (eaves and chimneys) throughout the project. f. The fencing between the residential units shall be stuccoed walls with a finished color similar to the proposed solid stucco wall of the tennis club; shall have a maximum height of 5 feet; and shall maintain a 20 -foot minimum front -yard setback. g. The proposed visitor -parking spaces shall maintain a 5 -foot minimum separation from the residential units; shall be provided in clusters of 2 or more parking stalls; and shall utilize turf -block pavement. h. The proposed recreational vehicle parking area shall be moved back adjacent to the property line between the residential development and the tennis club; shall be eMclosed with a 6 -foot high solid stuccoed wall, similar to the proposed solid stuccoed wall of the tennis club; shall utilize 6 -foot high wood entry gates with a painted finish which is consistent with the color theme of the residential development; and shall provide turf -block pavement in front of the recreational vehicle parking area. I. The front -yard setbacks for the proposed garages shall be as follows: Front Entry Driveways - 8 feet; or a minimum of 20 feet from curb. Side Entry Driveways - 12 feet minimum from curb. Additionally, automatic roll -up doors shall be required for all garages. 10. Historic Depiction Program - The applicant shall participate in the Historic Depiction Program as described in City Council Policy No. 606; and shall be approved prior to the issuance of any building permits for the tennis club. -5- 11. Removal of Site Improvements - All site improvements that are made within the future right-of-way for the extension of Alipaz Street over Parcels 1 and 2 shall be removed, where necessary, at the expense of the applicant at the time of construction of said extension. 12. Creekand Street Improvement Plans - The final specific Trabuco Creek improvement plans and Oso Road improvement plans shall be reviewed by the Director of Community Planning and Development prior to Phase III review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. 13. Use of Canvas Cabanas - The temporary canvas cabanas shall only be used during special events in conjunction with a Special Activities Permit. 14. Walls and Screening - a. Final wall designs shall incorporate meandering elements and other design features; and tennis court screening shall be green and have a maximum height of 12 feet. Said plans shall be submitted for review during Phase III review. b. A noise study shall be provided to determine whether a 10 -foot wall or 10 -foot wall or 10 -foot wall/berm combination is necessary or a lesser height could be used. This noise study shall be reviewed by the Director of Community Planning and Development prior to Phase III review. Prior to approval, the Director shall submit a report indicating staff's findings and conclusions to both the Planning Commission and City Council. The Director shall have the prerogative of referring the item back to the Planning Commission or City Council if he feels there is substantial deviation from the original intent. 15. Utility Structures - Utility vaults and other structures shall be shown on final working drawings as submitted for Phase III review. 16. Greenbelt Access - The access from the residential portion of the project to the Trabuco Creek area shall be via locked gates. The applicant shall provide greenbelt access as shown on the approved conceptual site plan. 17. Park Benches - The applicant shall install park benches in the Trabuco Greenbelt area adjacent to the north side of the Oso Road cul-de-sac. Said benches shall be installed prior to issuance of the first Certificate of Occupancy. 18. Equestrian Trail - The equestrian trail improvement plans shall be reviewed by the Equestrian Commission prior to Phase III review. M 16"7 19. Hours of Operation - Tennis activities shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 26. Phasing - Prior to issuance of any building permits, the following shall be completed simultaneously for the tennis club and residential units: (1) Approval of the improvement plans for streets and the creek; (2) Approval of the grading plan and issuance of a grading permit; (3) Completion of grading and site improvements; (4) Completion of erosion control landscaping; and, (5) Submittal of all working drawings for residential and tennis club structures. Prior to issuance of any residential Certificate of Occupancy, the swimming pool, one tennis court and associated landscaping on the tennis club site shall be completed and made legally available for use by residents of the villas. PASSED, APPROVED, AND ADOPTED this of April , 1990. 17th GA . HAUSDORFER, Mr OR ATTEST: efTr CL RK -7- day ma STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, Acting 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. 90-4-17-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of .Apr; I , 1990, by the following vote: AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Buchheim ABSENT: None (SEAL) U