Resolution Number 89-6-20-3145
RESOLUTION NO. 89-6-20-3
APPROVING TENTATIVE PARCEL MAP 88-419 (CLEGG)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 88-419 (CLEGG)
WHEREAS, the applicant, Phillip Clegg, 1575 N. Main Street, Orange,
California has submitted Tentative Tract Map 88-419, proposing to subdivide
approximately 3.2 acres of land into three residential lots of 1.15, 1.18, and .88 acres
respectively, located on Assessor's Parcel No. 649-091-22; 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 Environment Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the Tentative Parcel
Map 88-419 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 all 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.
7. The design or improvements of the proposed project will not interfere
with the maintenance or preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Tentative Parcel Map 88-419 subject to the
following conditions:
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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 of the existing private
street.
(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.
2. Water: Water transmission and distribution facilities shall be designed,
constructed, and dedicated in accordance with Section 9-4.109 of the
Municipal Code and the requirements of Orange County Water Works
District No. 4. Such distribution facilities and appurtenances shall be
approved by the County Fire Marshal.
3. Slopes: All manufactured slopes shall be designed and constructed in
accordance with Section 9-3.505 and 9-4.112 of the Municipal Code. All
such slopes shall be 2:1 ratio or flatter.
4. Geotechnical Study: A geotechnical feasibility study shall be completed
to determneithe seismic safety and soils stability of all proposed grading
and development within the project. The report shall be reviewed and
approved by the Building Official prior to approval of a final map.
5. Fees: All required fees shall be paid prior to approval of a final map.
6. Private Road Improvement: The applicant shall design and construct
private road extensions of Avenida Evita and Via Estelita in accordance
with the following:
(a) A private road extension from the public cul-de-sac for Via Estelita
along its present alignment to its connection point with the private
road extension of Avenida Evita shall be constructed subsequent to
the City installation of public improvements.
(b) An emergency access barrier shall be installed at the present
terminus of the public improvements for Avenida Evita (including
the present cul-de-sac turn -around area).
(c) The above -noted improvements shall not be installed until such
time as the intersection of Del Obispo Street and Aguacate Road is
signalized.
(d) A separate Subdivision Agreement between the applicant and City
shall be approved prior to final map to assure fulfillment of this
condition.
(e) The applicant shall be reimbursed for the above design and
construction of private improvements as stated above in
accordance with previous approvals and executed agreements
entered into as part of previous subdivision approvals for those lots
taking access from said improvements.
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7. Further Subdivision of Parcels: Due to the design of the subject parcel
map, no further subdivisions can be accommodated without changes
and/or variances to the Municipal Code and General Plan; therefore,
development rights shall be dedicated to the City of San Jan Capistrano
except for a single family residence and accessory uses and structures
permitted by Section 9-3.404 (Small Estate District) of the Municipal
Code.
PASSED, APPROVED, AND ADOPTED this
of June , 1989.
ATTEST:
F FA
20th
day
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. 99-6-20-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 20th day
of June , 1989, by the following vote:
AYES: Councilmen Friess, Bland and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
(SEAL)
MARY ANN OVER, CITY CLERK
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