Resolution Number 90-6-19-2RESOLUTION NO. 90-6-19-2
APPROVING VESTING TENTATIVE TRACT MAP 13823 (DIFFLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13823 (DIFFLEY)
WHEREAS, the applicant, David Diffley, 4747 Edinburg Drive, Carlsbad,
California, has submitted Vesting Tentative Tract Map 13823, proposing to subdivide
approximately 34.2 acres of land into 12 residential lots with one remainder parcel
located on the south side of San Juan Creek Road, east of La Novia Avenue; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will not have a significant effect on the environment, has accordingly
issued a negative declaration for the project, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, the City's Equestrian Commission has reviewed the project and
forwarded it to the Planning Commission recommending approval, subject to certain
conditions; and,
WHEREAS, the City's Traffic and Transportation Commission has reviewed the
project and forwarded it to the Planning Commission recommending approval, subject to
certain conditions; and,
WHEREAS, the City's Planning Commission has reviewed the project and
forwarded it to the City Council recommending approval, subject to certain conditions;
and,
WHEREAS, a public hearing has been duly advertised and held to review and
receive public testimony on the application; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
I. The proposed project, as conditioned, and its design and improvements
are consistent with the 1.1 Very Low Density Residential and 2.0 General
Open Space designations on the General Plan map and is otherwise
consistent with all other elements of the General Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code (Land Use).
3. The project site is physically suitable for the type and density of the
proposed development.
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.
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5. The design or improvements of the proposed project will not cause
serious public health problems.
6. The design or improvements of the proposed project will not conflict
with easements acquired by the public at large for access through or use
of property within the proposed project.
7. The design or improvements of the proposed project will not interfere
with the maintenance of preservation of an historical site.
8. The design and improvement of the equestrian/hiking trail through the
remainder parcel is a prerequisite to the orderly development of the
surrounding area in that it will provide the necessary link between the
existing San Juan Creek Road and Hidden Mountain trails.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby certify the Negative Declaration for Vesting Tentative
Tract 13823.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve Vesting Tentative Tract Map 13823, subject to the
following conditions:
Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this project
development approval shall expire two years from the approval date. If no building
permit has been issued for the project by that date, the development approval shall
become null and void.
2. Home Warranty - The provisions of Chapter 8-6 of the Municipal Code (Home
Warranty Ordinance) 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 12 -month period.
3. CC&R's - A set of conditions, covenants and restrictions (CC&R's) shall be prepared
and implemented for the project. Said CC&R's shall be approved by the Director of
Community Planning and Development, the City Engineer, and the City Attorney
prior to approval of a final tract map. The CC&R's shall include at a minimum:
a. Provisions on the use and maintenance, by the homeowners' association, of
recreation areas, other common areas, and slopes.
b. The prohibition of radio or television antennas projecting above any roof eaves
(pursuant to Section 9-3.609 of the Municipal Code).
The CC&R's shall also include a stipulation that the preceding CC&R provisions and
restrictions shall not be altered in the future without prior City approval.
4. Grading Plan - A preliminary grading plan for the project shall be reviewed by the
Equestrian Commission and approved by the Planning Commission prior to approval
of a final map. A final grading plan shall be reviewed and approved by the Director
of Community Planning and Development and the City Engineer prior to issuance of
grading permits.
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5. Equestrian Grade Crossing - The applicant shall install the equestrian grade crossing
at San Juan Creek Road prior to acceptance of rough grading and release for
building permits by the Building Official. The equestrian grade crossing shall consist
of roadway striping and four signs - two on each side of San Juan Creek Road, in
accordance with the recommendations in the BSI Study, dated August 1989, on file
at the City (with the deletion of the signs with arrows).
6. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be
prepared and implemented for the entire project. Design development landscape
plans, including fence/wall plans, shall be approved by the Planning Commission
prior to approval of a final map. Said plans shall comply with the approved
streetscape for San Juan Creek Road. Following such plan approval, final working
drawings shall be approved by the Director of Community Planning and Development
prior to issuance of grading permits.
The subject landscape plans shall include a massing of vertical evergreen trees such
as Eucalyptus leg. camaldulensis, E. atridora, or E. globulus between the
northeasterly property line and the residential parcels. Landscape plans shall
incorporate the approved streetscape material for San Juan Creek Road.
Landscaping Installation - Landscaping shall be installed as follows:
a. Erosion -control landscaping for all manufactured slopes shall be installed
immediately after acceptance of rough grading by the City.
(1) Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape plan approved by the Director of
Community Planning and Development. Building permits shall not be
issued for any dwelling unit within a given phase until all landscaping has
been installed and approved by the Department of Community Planning
and Development, pursuant to the approved plan.
Landscape Maintenance and Maintenance Easements - The developer shall be
responsible for adequately installing and maintaining all landscaping until such
maintenance may be assumed by the homeowners' association. An open space
maintenance easement shall be created over all major slopes that are within
residential lots. Landscaping on said slopes shall be maintained by the homeowners'
association.
9. Street Names - Street names shall be approved by the Director of Community
Planning and Development prior to approval of a final map.
10. Vehicular Access Rights - Vehicular access rights to all primary, secondary, and
commuter highways shall be released and relinquished to the City except at street
intersections.
11. Geotechnical Study - A geotechnical feasibility study shall be submitted by the
developer to determine the seismic safety and soils stability of all proposed grading
and development within the project and preliminary pavement sections and
substructure bedding/backfill requirements. The report shall be approved by the
City Engineer and the Building Official prior to the approval of a final tract map.
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12. Soils Subsidence Program - The developer shall implement a soils subsidence
program for all residential lots. The program shall be approved by the City Engineer
and the Building Official prior to the approval of a final tract map. e
13. Street Improvement Plans - The developer shall submit street improvement plans,
prepared by a civil engineer and conforming to Municipal Code Section 9-4.103, at
the time of first submittal of the final tract map. Said plans shall be approved by
the City Engineer prior to street construction.
14. Water and Sewer Improvements - Water and sewer improvements shall be designed
and constructed per Municipal Code Section 9-4.109 and 9-4.111 respectively.
15. Storm Drains - Drainage facilities shall be designed and constructed per City Master
Drainage Plan and City standards. Also, prior to the approval of a final tract map,
the developer shall submit a recorded instrument providing for connection of private
storm drains from the project into City storm drain facilities.
16. Utilities and Other Improvements - Utilities shall be underground per the Municipal
Code. All utility undergrounding and all driveways, sidewalks, street lights, and
drainage facilities which directly serve the proposed development shall be located
and constructed per Municipal Code Article 9-4.1.
17. Cross Gutters - Cross gutters shall be prohibited unless approved by the City
Engineer.
18. E uestrian Trail -The equestrian trail shall be constructed for the entire site
completing the link between the Hidden Mountain Trail and San Juan Creek Road).
Near San Juan Creek Road, as shown on the subdivision map, an interim trail
alignment shall be constructed within the SDG&E Row to link directly with the
existing equestrian trail on the north side of the road. Prior to final tract map
approval, SDG&E shall grant an easement to the City for trail purposes and the
applicant shall dedicate the ultimate trail alignment to the Diffley/Hoffman
property line. Prior to the acceptance of rough grading and the release of building
permits, the subdivider shall fully improve the interim trail through the SDG&E
Row, fully improve the trail to the Hidden Mountain trail, and grade the ultimate
trail link from the interim trail intersection to the Diffley/Hoffman property line
near San Juan Creek Road.
19. Development Concept Plan - The applicant shall submit a development concept plan
for the remainder parcel indicating the development potential and feasibility for
said remainder parcel. The development concept plan shall indicate potential
access, grading and building pad location; and be prepared at an acceptable scale.
The development concept plan shall be reviewed and approved by the Planning
Commission prior to final tract map approval. Final approval shall take the form of
either a Development Agreement between the City and the applicant or a Specific
Development Plan pursuant to Municipal Code Section 9-3.423.5 (Planned
Development District).
20. Potential Rezone Application - If the proposed development concept plan is deemed
inconsistent with the existing zoning regulations (e.g., more than one residence), a
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rezone application consistent with Municipal Code Section 9-3.423.5 (Planned
Development District) shall be submitted which will support said development
concept.
PASSED, APPROVED, AND ADOPTED this
of June , 1990.
ATTEST:
CI Y K
19th
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 90-6-19-2 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 19th day
of June , 1990, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
(SEAL)
Councilmen Schwartze, Buchheim, Bland
and Mayor Hausdorfer
Councilman Friess
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