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Resolution Number 89-11-21-5RESOLUTION NO. 89-11-21-5 TENTATIVE PARCEL MAP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP 87-153 (CAPISTRANO VALLEY TENNIS CLUBJBUNNELL) WHEREAS, the applicant, Cecil Bunnell, 31121 Brooks, South Laguna, California, has submitted Vesting Tentative Parcel Map 87-153, proposing to subdivide approximately 68 acres of land into 3 parcels, located on Assessor's Parcel Nos. 121-070- 55, 121-070-56, and 121-070-57; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project may 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 parcel map to the City Council recommending denial; 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 1.4 (Medium Density Residential) and 2.0 (Geneiral Open Space) 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 provisions of Specific Development Plan 88-1. 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 of preservation of an historical site. -I- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Parcel Map 87-153, subject to the following conditions: 1. Camino Capistrano/Oso Road Traffic Signal -The applicant shall design and construct a traffic signal at the intersection of Camino Capistrano and Oso Road in accordance with a Reimbursement Agreement based on r traffic generation. i 2. Camino Capistrano/Juni ero Serra Road Traffic Signal - The applicant J shall participate to the extent of 8,400, based on traffic generation, in the future installation of a traffic signal at the intersection of Camino Capistrano and Junipero Serra Road. 3. Street Improvements - The applicant shall submit a deposit for design and construction of Camino Capistrano (realigned) and Junipero Serra (realigned) to the extent of $73,810 based on traffic generation. Said fees shall be paid prior to approval of the final parcel map or issuance of permits, whichever occurs first. Any improvements made to satisfy Condition No. 9 related to turn lanes shall be credited to partial satisfaction of the said financial participation. 4. Sewer Easement - The applicant shall dedicate a 20 -foot wide sewer easement from the intersection of Oso Road and Avenida de la Vista north through the project site and enter into a Reimbursement Agreement for design and construction of the Oso/Trabuco Sewer through the project site. The applicant shall construct the sewer line in accordance with a Reimbursement Agreement. 5. Trabuco Creek - The applicant shall dedicate right-of-way and make improvements to the east side of Trabuco Creek in accordance with an Improvement Agreement and concurrent with development of the property over Parcels 1 or 2 of Tentative Parcel Map 87-153. The applicant shall financially participate in the ultimate improvements to Trabuco Creek, in accordance with the Oso/Trabuco Creeks' Master Drainage Plan. 6. Oso Road Improvements - Dedication and construction of Oso Road to its ultimate width of 48 feet curb -to -curb (60 feet right-of-way) from Avenida de la Vista to Camino Capistrano, and 40 feet curb -to -curb (60 feet right-of-way) west of Avenida de la Vista including a standard cul- de-sac at the end with no medians and 4 -foot minimum sidewalk on the north side. Said improvements to be initiated immediately upon issuance of permits in accordance with a performance schedule included in a Improvement Agreement with the City. 7. Equestrian/Hiking Trail Easement - The applicant shall dedicate prior to final parcel map recordation a 20 -foot wide General F equestrian/hiking trail on the east levee of Trabuco Creek and along tn_ west boundary of Parcels 1 and 2. A vegetation buffer shall be maintained between the residential perimeter wall and the trail. The applicant shall construct and improve the trail in accordance with the City's Equestrian/Hiking Trail Design Manual, and shall include fencing on both sides of the trail. Said improvements shall be completed prior to issuance of Certificates of Occupancy. Final improvement plans for the -2- 446 trail shall be reviewed by the Equestrian Commission prior to Planning Commission review of final grading plans. S. Turn -lane Improvements - The applicant shall construct improvements at the intersection of Camino Capistrano and Oso Road to provide for a north -bound left-hand turning lane from Camino Capistrano onto Oso Road and a south -bound deceleration lane. Said improvements to be initiated and completed in accordance with the Improvement Agreement Schedule of Performance. 9. Tree Preservation - All existing specimen trees on the map shall be preserved on-site. 10. Schedule of Performance - The applicant shall execute a Schedule of Performance Agreement with the City and post a surety bond that will ensure that all public infrastructure improvements be completed per a fixed schedule, in accordance with City Council policy which requires the expeditious installation of public improvements prior to completion of pro ject. 11. Parkland Fees - The applicant shall pay a Parkland Fee as per the fee schedule in effect when any residential building permits are taken out, and applicant shall receive a 25% credit. 12. Archaeology/Paleontology - In accordance with mitigation recommendations contained in the Draft Environmental Impact Report, the applicant shall retain a qualified paleontologist and a qualified archaeologist to the approval of the Director of Community Planning and Development, to be on site during grading operations. Said qualified experts shall be retained prior to issuance of grading permits, and shall have duties and authorities as outlined in EIR 87-1 as certified by the City Council. 13. Tennis Club Entrance - The entrance to Parcel 2 (tennis club) shall be aligned with Avenida de la Vista. PASSED, APPROVED, AND ADOPTED this Of- November , 1989. ATTEST: I 21st (GA;RYt'.USDORFER, MAY R -3- day 4 4" STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 89-11-21-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day Of November , 1989, by the following vote: AYES: Councilmen Schwartze, Bland and Mayor Hausdorfer NOES: None AASNTE N: Councilman Buchheim B Councilman FFrri�eesss (SEAL) MARY AWPHANOVER, CITY CLERK -4-