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Resolution Number 87-9-29-1RESOLUTION NO. 87-9-29-1 14 APPROVING TENTATIVE PARCEL MAP 87-253 (THE PRICE COMPANY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 87-253 (THE PRICE COMPANY) WHEREAS, the applicant, The Price Company, P.O. Box 85466, San Diego, California, has submitted Tentative Parcel Map 87-253, proposing to subdivide approximately 23 acres of land into 6 commercial lots, located on Assessor's Parcel Nos. 121-254-06, 07, and 08; and, WHEREAS, the City's Environmental Review Board has determined that this project will qualify for the 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 City Planning Commission has forwarded the parcel map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised in the Capistrano Valley News 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 SS (Special Study) 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 Specific Development Plan 87-1. 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. -1- 14b NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Parcel Map 87-253, subject to the following conditions: 1. Conditions of Approval AC 87-1 (Resolution No. 87-6-2-3) - Condition Nos. 8, 10, 11, and 12 of Resolution No. 87-6-2-3 shall be satisfied through approval of a final map and an improvement agreement with the City. 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 provision on the use and maintenance of common parking and landscape areas. 3. Access - Access must be provided to all parcels from the three approved access points to Doheny Park Road. Vehicular access rights to Doheny Park Road shall be dedicated to the City except at approved driveways. 4. Reciprocal Access Agreement - The property owner shall not sell, transfer, or convey the property as a whole and is not permitted to subdivide the property for the duration of the Redevelopment Plan without first recording a reciprocal access agreement for parking and access purposes between or among the subdivided parcel. Said reciprocal access agreement shall be executed prior to issuance of a final map. 5. Property Transfer - The property owner shall not transfer ownership to property of said parcel map until a Certificate of Completion has been issued by the San Juan Capistrano Community Redevelopment Agency for improvements to be constructed on the property in accordance with AC 87-1, except that permitted by paragraphs 5a and 5b of the Grant Deed. This prohibition shall not be deemed to prevent the granting of easements or permits to facilitate the development of the property. PASSED, APPROVED, AND ADOPTED this 29th day of September ,1987. ATTEST: CITY CLER ANTHONY L. ND, MAYOR -2- 149 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. 87-9-29-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 29th day of September , 1987, by the following vote: AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: None (SEAL) MARY ANN,/HANOVEIZ, CITY CLERK -3-