Resolution Number 86-5-6-4RESOLUTION NO. 86-5-6-4 5 7
APPROVING TENTATIVE PARCEL MAP 83-864 AND RESCINDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 83-864 AND RESCINDING
RESOLUTION NO. 84-2-7-4 (SUN -ON ENTERPRISES)
WHEREAS, the applicant, M. D. LeGros, 323 West Court
Street, Suite 406, San Bernardino, California 92401, has
submitted Tentative Parcel Map 83-864 proposing to subdivide
approximately 3.93± acres of land into three individual lots,
located on Assessor's Parcel No. 668-121-09; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has recommended certification of a
Negative Declaration which 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, on December 13,
1983, forwarded the tentative parcel map to the City Council
recommending approval; and,
WHEREAS, a public hearing was duly advertised and held
by the City Council on February 7, 1984, to review and receive
public testimony on the application; and,
WHEREAS, the City Council of the City of San Juan
Capistrano found and determined as follows:
1. The proposed project, as conditioned, and its
design and improvements are consistent with the
4.1 Quasi -Industrial 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 Architectural Control 83-8 and Zone Variance
83-11;
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;
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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 a historical site; and,
WHEREAS, on February 7, 1984, the City Council adopted
Resolution NO. 84-2-7-4 conditionally approving Tentative Parcel
Map 83-864; and,
WHEREAS, the applicant has submitted a request to
extend the tentative parcel map approval; and,
WHEREAS, a public hearing has been duly advertised and
held to receive public testimony on the extension request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby reaffirm approval
of Tentative Parcel Map 83-864, subject to the following
conditions:
1. 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
owners' association, of all landscape,
street, parking lots, and slopes.
b. The prohibition of radio or television
antennas projecting above any roof eaves
(pursuant to Section 9-3.609 of the Municipal
Code).
C. Outside storage of motor vehicles shall be
strictly prohibited outside the main
buildings for a period in excess of 24 hours,
unless said vehicle is in the process of
being serviced, in which case it may be
parked outside the main building for a period
not exceeding seven days and located in a
designated parking space. Said vehicles
shall be stored in such a condition that all
exterior components of the vehicle are in
place (i.e. tires, doors, hoods, fenders,
etc.). The above restriction shall be
included as provisions within the project's
CC&Rs.
The CC&Rs shall be approved by the City Attorney
prior to approval of a final map.
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Grading Plan - A preliminary grading plan for they 9
project shall be approved by the Planning
Commission prior to approval of a final map.
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 plan approved by
the Director of Community Planning and
Development. No final building inspection
shall be conducted for any building until all
landscaping has been installed and approved
by the Department of Community Planning and
Development.
4. Landscape 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.
5. Prohibited Use - A provision shall be included
within the project's CC&Rs that will prohibit the
establishment of an auto body repair facility.
6.Landscape Maintenance Agreement - The developer
shall enter into an agreement with the City for
the maintenance of landscaping with the Camino
Capistrano right -o£ -way adjacent to the project
frontage.
7. Public Street - The following public street shall
be designed, constructed, and dedicated in
accordance with Section 9-4.103 of the Municipal
Code: Camino Capistrano, as conditioned by
Architectural Control 83-8.
8. Water - Water transmission and distribution
facilities shall be designed, constructed, and
dedicated in accordance with Section 9-4.109 of
the Municipal Code and the requirements of the
Capistrano Valley Water District. Such
distribution facilities and appurtenances shall be
approved by the County Fire Marshal.
9. Slopes - All manufactured slopes shall be designed
and constructed in accordance with Sections
9-3.505 and 9-4.112 of the Municipal Code. All
such slopes shall be 2:1 ratio or flatter.
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6 O 10. Other Improvements - Driveways, pedestrian ways,
bikeways, equestrian trails, utility
undergrounding, street lights, traffic signals,
drainage facilities, and sanitary sewers shall be
located and constructed in accordance with Article
9-4.1 (Design Standards and Requirements) of the
Municipal Code and adopted City policy.
11. Geotechnical Study - A geotechnical feasibility
study shall be completed to determine the seismic
safety and soils stability of all proposed
grading and development within the project. The
report shall be reviewed and approved by the City
Engineer prior to approval of a final map.
12. Fees - All required fees shall be paid prior to
approval of a final map.
13. Signal - The applicant shall enter into an
agreement to participate in the future
signalization of the intersection of Camino
Capistrano and Avenida Aeropuerto. Said
participation to be limited to that percentage
distributed by Architectural Control 83-8 to the
intersection's projected traffic volumes.
14. Outdoor Storage - Outside storage of motor
vehicles shall be strictly prohibited outside the
main buildings for a period in excess of 24 hours,
unless said vehicle is in the process of being
serviced, in which case it may be parked outside
the main building for a period not exceeding seven
days and located in a designated parking space.
Said vehicles shall be stored in such a condition
that all exterior components of the vehicle are in
place (i.e. tires, doors, hoods, fenders, etc.).
The above restrictions shall be included as
provisions within the project's CC&Rs.
15. Tentative Parcel Map Expiration - This approval
shall expire one year from the date of City
Council action unless extended in accordance with
applicable provisions of the Municipal Code.
BE IT FURTHER RESOLVED that Resolution No. 84-2-7-4 is
hereby rescinded. -
PASSED, APPROVED AND ADOPTED this 6th day of
May . 1986
KENNETH E. FRIES5, MAYOR
ATTEST:
CITY CLERI
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
61
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. 86-5-6-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of
May , 1986 , by the following vote:
AYES: Councilmen Bland, Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY AN H NOVE , CITY CLERK
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