Resolution Number 88-10-4-4291
RESOLUTION NO. 88-10-4-4
APPROVING TENTATIVE PARCEL MAP 88-260 (MATUS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 88-260 (MATUS)
WHEREAS, the applicant, Mr. John Matus, 27791 Camino La Rhonda,
California, has submitted Tentative Parcel Map 88-260, proposing to subdivide
approximately 7.96 acres of land into 3 residential lots, located on Assessor's Parcel No.
650-181-03; 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 Traffic and Transportation Commission has forwarded
the project to the City Council recommending approval; and,
WHEREAS, the City's Planning Commission has forwarded the 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. That the proposed project, as conditioned, and its design and
improvements are consistent with the 1.1 Very Low Density
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).
3. That the 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 fish or 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 Tentative Parcel Map 88-260 (Matus), subject
to the following conditions:
1. Expiration of Approvals - Per Section 9-2.03 of the Municipal
Code, this project development approval shall expire on
October 4, 1990, i.e. two years from the City Council approval
date. If the final map has not been recorded by that date, the
development approval shall become null and void.
2. 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.
3. Grading Plan
a. The Environmental Review Board shall review the final
grading plans for each lot to ensure consistency with the
conceptual grading plan identified on the tentative parcel
map and consistency with the hillside grading guidelines for
custom homes. If the individual grading plans are not
consistent with the said items, the grading plan shall be
reviewed by the Planning Commission.
b. The final grading for the driveway shall be reviewed by the
Planning Commission prior to issuance of permits. Said plan
shall be designed to preserve as many trees as possible.
Authorization to remove any trees shall be reviewed and
approved by the Planning Commission during review of final
grading plan.
4. Landscaping
a. The Environmental Review Board shall review the
landscaping plans for each lot prior to issuance of permits.
b. Erosion -control landscaping for all manufactured slopes shall
be installed immediately after the certification of rough
grading by the City.
5. Vehicular Access Rights
Highway shall be released
street intersections.
6. Public Improvements
- Vehicular access rights to Ortega
and relinquished to the City except at
a. The applicant shall offer to dedicate Ortega Highway to its
Master Plan Scenic Arterial Highway standard (i.e. 52 feet
from centerline) and Caltrans requirements along the
project frontage.
b. The applicant shall enter into an Agreement to Postpone
Improvements and a Subdivision Agreement for deferral of
improvements to Ortega Highway until such time that an
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improvement district can be formed for similar
improvements along other parts of Ortega Highway. The
agreements shall specify that the applicant shall join and
participate in the improvement districts for installation of
public improvements to Ortega Highway fronting the subject
property.
7. Circulation and Access - The applicant shall be required to submit
formal written evidence to the City documenting resolution of
ingress/egress with the easterly property owner to ensure one
access point onto Ortega Highway, aligned with Avenida Siega.
Said resolution shall also be reflected on the final map prior to
approval of the final map.
PASSED, APPROVED, AND ADOPTED this 4th day
of October , 1988.
ATTEST:
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. 88-10-4-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of October , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland,
and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL) 2 --1ezSZ
MARY ANN OVER, CITY CLERK
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