Resolution Number 89-6-6-5RESOLUTION NO. 59-6-6-5 107
APPROVING VESTING TENTATIVE TRACT MAP 13437
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING
TENTATIVE TRACT MAP 13437 (GLENFED)
WHEREAS, the applicant, Glenfed Development Corp, California, has
submitted Tentative Tract Map 13437, proposing to subdivide approximately 146 acres of
land into 266 lots, described as a portion of Sections 7, 8, 17 & 18, T8S, R8W, of the
San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will (will not) have a significant effect on the environment, has required
the preparation of an environmental impact report, which report has been certified as
final by the City Council, and has otherwise carried out all requirements of the
California Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the Vesting Tentative
Tract Map to the City Council recommending approval; 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 PC designation 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) and is
consistent with the approved residential concept plan.
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.
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.
-I-
7. The design or improvements of the proposed project will not interfere
with the maintenance of preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13437, subject to
the following conditions:
1. Home Warrant - 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.
2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall
be prepared and implemented for the project. The CC&R's shall include
at a minimum:
(1) Provisions on the use and maintenance, by the homeowners'
association, of recreation areas, other common areas, and slopes.
(2) 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 be approved by the City Attorney prior to approval of
a final map. Future revisions to the CC&R's shall be submitted to the
City for review and approval.
3. Grading Plan - A preliminary grading plan for the project shall be
approved by the Planning Commission prior to approval of a final map.
Said plan shall be designed to conform to the following criteria:
a. The grading plan shall incorporate variable slopes on all major
manufactured slopes which simulate natural topography.
b. Tops and toes of slopes shall be meandering such that straight
edges are not created.
C. Tops and toes of slopes shall be vertically rounded. The major
landform features shall be reflected in the grading plan.
d. When blending manufactured slopes to natural topography, the
grading plan shall emphasize the underlying natural area. For
example, if a cut slope is across a knoll the graded slope contours
shall be bent to simulate the previous natural element (knoll); with
ravines, the manufactured slope shall use conclave contouring that
would visually simulate a ravine.
4. Architecture - Architectural elevations shall be approved by the Planning
Commission prior to approval of a final map.
5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Preliminary
-2-
109
landscaping, street tree, fence/wall plans shall be approved by the
Planning Commission prior to approval of a final map. Following such
plan approval, final working drawings shall be approved by the Director
of Community Planning and Development.
6. Landscaping Installation - Landscaping shall be installed as follows:
a. Erosion -control landscaping for all manufactured slopes shall be
installed immediately after the certification of rough grading by
the City.
b. Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
7. 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.
S. Street Names - Street names shall be approved by the Director of
Community Planning and Development prior to approval of a final map.
9. 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.
10. Public Streets - The following public streets shall be designed,
constructed, and dedicated in accordance with Section 9-4.103 of the
Municipal Code:
"A" Street
11. Private Streets - The following private streets shall be designed and
constructed in accordance with Section 9-4.103 of the Municipal Code:
"H"' "1"e "Y"e "Kill "K—f"e "Ll', "Mile "N"e 110"e "Pill "Qu, "Rile "S"e "T"e
"U"., "V", "W", "X", "Y", and "Z" Streets.
12. Validationof A roval - All conditions of approval of CUP 88-17
Glenfed and the Area Plan/Composite Development Plan for Area D
shall apply to this Vesting Tentative Tract Map approval.
-3-
110
13. Slope Warranty - The developer shall participate in the City's Slope
Warranty Program.
PASSED, APPROVED, AND ADOPTED this 6th day
of June , 1989.
ARY HA SDO FE
ATTEST:
CITY CLEW
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 89-6-6-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of June , 1989, by the following vote:
AYES: Councilmen Schwartze, Friess, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buchheim
(SEAL) _
MARY ANN VER, ITY CLERK
-4-