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Resolution Number 89-2-7-4RESOLUTION NO. 89-2-7-4 f:�OJ_3VMCO 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING APPEAL AND REAFFIRMING PLANNING COMMISSION CONDITIONAL APPROVAL OF MODIFICATION TO PERIMETER FENCING ELEVATIONS AND MATERIALS, TRACT 7274 (LAS BRISAS) WHEREAS, the applicant, Capistrano Garden Homes Homeowners' Association No. 2, 26741 Via El Socorro, San Juan Capistrano, California, has submitted an application for approval of modifications to perimeter fencing elevations and materials; and, WHEREAS, the City's Environmental Review Board has determined that this project is Categorically Exempt (Class 3) from the California Environmental Quality Act; and, WHEREAS, the City's Architectural Board of Review has reviewed the project and forwarded it to the Planning Commission recommending approval subject to certain conditions; and, WHEREAS, the City's Planning Commission conditionally approved the proposal on December 13, 1988; and, WHEREAS, the appellant, Capistrano Garden Homes Homeowners' Association No. 2, 26741 Via El Socorro, San Juan Capistrano, has submitted an appeal regarding the conditions of approval requiring a slope maintenance agreement; and, WHEREAS, the City Council hereby finds and determines as follows: a. The project is consistent with all applicable goals, objectives, and policies of the General Plan. b. The project, as designed and conditioned, is consistent with all applicable requirements of Title 9 (Land Use) of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve the appeal and approve Modification to Site Plan, Tract 7274, subject to the following conditions: 1. Expiration of Approval - Per Section 9-2.305 of the Municipal Code, this project development approval shall expire on December 13, 1990 -- i.e., two years from the Planning Commission approval date. If no building permit has been issued for the project by that date,, the development approval shall become null and void. 2. Building Plans - Final building plans (working drawings) shall be reviewed by the Director of Community Planning and Development and shall be approved only if said Director -1- 430 determines that the working drawings are consistent with the concept plans approved with this resolution. 3. Landscaping - The applicant shall provide 48 supplemental plantings adjacent to the fence where previously approved plants have been removed. The location of said plantings shall be determined by the City upon installation of the new fence in consultation with the applicant and the Casas Homeowners Association. PASSED, APPROVED, AND ADOPTED this of February , 1989. ATTEST: 21st 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. 89-2-7-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of February , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Bland and Mayor llausdorfer NOES- None ABSENT: None (SEAL) MARY A N NOVE , CITY CLERK -2-