Resolution Number 88-11-1-3303
RESOLUTION NO. 88-11-1-3
TRACT MAP 13532 AND SITE PLAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 13532 AND CONFIRMING PLANNING COMMISSION
APPROVAL OF MARBELLA VILLAS SITE DEVELOPMENT PLAN
(MARBELLA DEVELOPMENT COMPANY)
WHEREAS, the applicant, Marbella Development Company, 33971 Selva Road,
Laguna Niguel, California 92677, has submitted Site Development Plans and Tentative
Tract Map 13532, proposing to develop and subdivide approximately 8.893 acres of land
into 100 residential lots, located on Lot 223 of Tract 12954; and,
WHEREAS, the City's Environmental Review Board has determined that the
project qualifies for use of a single 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 Architectural Board of Review has forwarded the Site
Development Plan and the Tentative Tract Map to the City Council recommending
approval; and,
WHEREAS, the Traffic & Transportation Commission has forwarded the Site
Development Plan and Tentative Tract Map to the City Council recommending approval;
and,
WHEREAS, the City Planning Commission has forwarded the Site Development
Plan and the Tentative Tract 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 1.6 (High) 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 Comprehensive Development
Plan (CDP 86-4).
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.
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5. The design or improvements of the proposed project mill 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.
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7. The design or improvements of the proposed project will not
interfere with the maintenance of preservation of an historical E
site.
8. The general site considerations, including site layout, landscaping,
orientation and location of buildings, vehicular access, circulation
and parking, and similar elements have been designed to conform
to the Marbella Comprehensive Development Plan for this
property and adjacent parcels.
9. The architectural design, including the character, scale, quality of
design, and the relationship with the site and adjacent buildings,
building materials, and colors have been incorporated in order to
ensure the compatibility of this development with the surrounding
Marbella development.
10. General landscape considerations, including location, type, color,
texture, and coverage of plant material, irrigation provisions,
maintenance, and similar elements have been considered to ensure
visual relief, to complement buildings, and provide an attractive
environment for the enjoyment of the public.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Site Development Plans and Tentative Tract
13532, 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&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 recreation areas, other common areas, and -�
slopes.
(b) The prohibition of radio or television antennas project 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.
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3. Buildin Plans - Final building, site, grading, and landscape plans
working drawings) shall be submitted to the City. Prior to
issuance of permits, said working drawings shall be reviewed and
approved by the Architectural Board of Review (ABR) after
determining that said drawings are consistent with the concept
plans and conditions of approval made a part of this action.
4. Final Landsca a and Wall Plans - Landscape, street tree, and
fence/wall plans shall be prepared and implemented for the entire
project. Preliminary landscaping, street tree, fence/wall plans
depicting materials samples for paving, specie and size 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 Architectural Board of Review.
5. 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.
6. Landscaoe 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.
7. Street Names - Street names shall be approved by the Director of
Community Planning and Development prior to approval of a final
map.
8. 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.
9. Private Streets - The following private streets shall be designed
and constructed in accordance with Section 9-4.103 of the
Municipal Code except as follows:
a. The spine road shall be a twenty -six-foot accessway. No
parking shall be allowed on either side of the roadway.
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10. Water Lines - The applicant shall secure approval of a connected
water main line plan from the Capistrano Valley Water District.
11. Lot Line Adjustment - The applicant shall submit a lot line
adjustment prior to Council action on the finalization of the map.
PASSED, APPROVED, AND ADOPTED this 1st day
of November , 1988.
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GARY - HAUSDORFER, M FOR
ATTEST:
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. s8 -11 -i -:j adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 1st day
of November , 1988, by the following vote:
AYES: Councilmen Schwartze, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
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(SEAL) oAA/X y ^
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MARY A H NOVER, U I Y'CLER �-
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