Resolution Number 89-6-20-2139 1
RESOLUTION NO. 89-6-20-2
APPROVING TENTATIVE TRACT 13721 (MEEK/ROSENBAUM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 13721 (MEEK/ROSENBAUM)
WHEREAS, the applicant, Mr. Patrick Meek, 43118 Pacific Coast Highway, San
Juan Capistrano, California, has submitted Tentative Tract Map 13721, proposing to
subdivide approximately 2.5 acres of land into seven (7) single-family residential lots,
located on Assessor's Parcel No. 664-053-8; 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 Planning Commission has forwarded the proposed project
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:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the Medium -low Residential 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 allapplicable
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.
7. The design or improvements of the proposed project will not interfere
with the maintenance or preservation of an historical site.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve the proposed project, subject to the following
conditions:
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.
2. CC&Rs: A set of Conditions, Covenants, and Restrictions (CC&Rs) shall be
prepared and implemented for the project. The CC&Rs shall include at a
minimum:
(a) Provisions on the use and maintenance, by the homeowners' association,
of landscaping areas and 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&Rs shall be approved by the City Attorney prior to approval of a final
map. Future modifications to the CC&Rs 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) All manufactured slopes shall be designed and constructed per City of
San Juan Capistrano Section 9-3.505 and 9-4.112. All such slopes shall be
2:1 or flatter.
(b) Any off-site grading will require written permission of the property
owner affected. Said written notice shall be notarized and filed with the
City Engineer prior to approval of the final map.
4. Architecture/ Development Concepts: The architecture and site plan concepts
submitted as part of this Tentative Tract Map shall regulate the ultimate
design and development of the site. If the plans are revised, the Planning
Commission shall review and approve the revisions. The project shall be
designed and developed as follows:
(a) The tract homes shall range in size from 3,300 to 4,050 square feet.
(b) Lot 1 will be constructed with cream plaster, white trim and brick
masonry; Lot 2 with light grey plaster, white trim and brick masonry; Lot
3 with white plaster, grey trim and rock masonry; Lot 4 with tan plaster, —
white trim and river rock; Lot 5 with grey plaster, white trim and stone
masonry; Lot 6 with grey plaster, grey trim and stone masonry; and Lot 7
with cream plaster, butternut trim and stone masonry.
(c) 20- and 10 -foot landscaping with trees and shrubs shall be provided along
the western and southern faces. 15- and 10 -foot landscaping shall be
provided along Ortega Highway and Avenida Siega.
(d) A 5 -foot high retaining wall shall be constructed around the site.
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5. Landscape and Wall Plans: Landscape, street tree and fence/wall plans shall
be prepared and implemented for the entire project. Preliminary landscaping,
street tree and 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.
(a) Landscaping along Ortega Highway shall be consistent with the City
Street Tree Master Plan. California Pepper, Eucalyptus and/or Sycamore
shall be provided along Ortega Highway.
(b) Noise attenuation measures shall be considered along Ortega Highway,
with a report from an acoustical engineer regarding the noise abatement
as it relates to boundary wall design.
(c) The large oak tree adjacent to the Rosenbaum House shall be preserved;
the oak tree in the northerly portion of the property shall be removed.
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 until all landscaping
has been installed 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.
8. 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 on the final map.
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) Ortega Highway - constructed to its secondary half width of 52 feet (32
feet center line to curb).
(b) Avenida Siega - constructed to a width of 60 feet (40 feet curb -to -curb)
with 25 feet curb returns to Lot A and 35 feet curb return to Ortega
Highway.
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11. Private Streets: The following private streets shall be designed and
constructed in accordance with Section 9-4.103 of the Municipal Code.
(a) Lot "A" (Private Street)- constructed to a width of 28 feet curb -to -curb.
12. Removal of On-site Structures: The applicant shall continue efforts to
relocate the Rosenbaum House to another site in the City. The Director of
Community Planning and Development shall determine prior to issuance of any
permits that the applicant has made a significant effort to find individuals or
groups or interested government agencies to relocate the Rosenbaum House.
The Director shall submit a report to the City Council indicating the efforts
which were made before making such determination. If relocation is
infeasible, the applicant shall be required to document graphically and
photographically the Rosenbaum House prior to issuance of the grading permit.
13. Construction: The following construction shall be required:
(a) Construct Lot A (Private Street) to a width of 28 feet curb -to -curb as
shown on the Street Improvement Plan.
(b) Construct Avenida Siega to its ultimate width of 60 feet (40 feet
curb -to -curb) as shown on the Street Improvement Plan with 25 -foot curb
returns to Lot A (Private Street) and 35 -foot curb return to Ortega
Highway.
(c) Construct Ortega Highway to its ultimate scenic secondary half width of
52 feet (32 feet centerline to curb) as shown on the Street Improvement
Plan.
(d) Construct P.C.C. residential/commercial sidewalk per City Standards as
shown on the Improvement Plan, including 4 -feet clear around
obstructions in the sidewalk on Avenida Siega and Ortega Highway.
14. Dedications: The following dedications shall be required:
(a) Dedicate diagonal corner cut-off at the corner of Avenida Siega and
Ortega Highway.
(b) Vehicular access rights to Ortega Highway and Avenida Siega shall be
released and relinquished to the City of San Juan Capistrano, except at
street intersections.
(c) Dedicate all land 30 feet from the center line of Avenida Siega.
(d) Dedicate all land 52 feet from the center line of Ortega Highway.
15. Submittal: The following shall be submitted:
(a) Submit a deposit for design and construction of a traffic signal at
Avenida Siega and Ortega Highway. Level of participation shall be based
on traffic generations and shall be determined by the City Engineer in
conjunction with a Traffic Study submitted by the developer prior to
final map.
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(b) At the time of development, submit Street Improvement Plans to
Engineering Division that show Storm Drain, Sewer and Water
Improvement, prepared by a Civil Engineer, for Avenida Siega, Ortega
Highway and Lot A (Private Street). Said plans to be reviewed and
approved by the City Engineer prior to issuance of any permit.
PASSED, APPROVED, AND ADOPTED this 20th day of June
1989.
ATTEST:
CITY CLE
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. 89-6-20-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 20th day
of Tune , 1989, by the following vote:
AYES: Councilmen Friess, Bland and Mayor Hausdor£er
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
(SEAL) (J
MARY AN [ OVER, CITY CLERK
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