Resolution Number 86-5-6-5RESOLUTION NO. 86-5-6-5 63
ATIVE TRACT MAP 11753 AND RESCINDING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11753 AND RESCINDING
RESOLUTION NO. 84-8-21-5 (HUNT CLUB)
WHEREAS, the applicant, Capistrano Partners, 27942
Suffolk Lane, San Juan Capistrano, California 92675, submitted
Tentative Tract Map 11753 proposing to subdivide approximately
71.3± acres of land into 38 residential lots, located on
Assessor's Parcel No. 650-391-04; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project would have a significant
effect on the environment, has required the preparation of an
Environmental Impact Report, which report was 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 May 8, 1984,
forwarded the tentative tract map to the City Council
recommending approval; and,
WHEREAS, a public hearing was duly advertised and held
by the City Council on May 15, 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:
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;
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 residential concept plan and
Specific Plan 84-1;
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;
The design or improvements of the proposed project
will not cause serious public health problems;
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Resolution
Map 11753;
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 May 15, 1984, the City Council adopted
No. 84-5-15-2 conditionally approving Tentative Tract
and,
WHEREAS, on July 24, 1984, the applicant, Capistrano
Partners, requested reconsideration of Condition No. 14 of
Resolution No. 84-5-15-2 regarding restrictions on Lot No. 38;
and,
WHEREAS, the Planning Commission, after duly
considering the request, forwarded a modified wording of
Condition No. 14 to the City Council; and,
WHEREAS, on August 21, 1984, the City Council adopted
Resolution No. 84-8-21-5 reaffirming approval of Tentative Tract
Map 11753, subject to conditions, including revised Condition No.
14; and,
WHEREAS, the applicant has submitted a request to
extend the tentative tract 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 Tract Map 11753, subject to the following
conditions:
1. Tentative Tract Map Expiration - This approval
V_
hall expire one year from the date of City
Council action unless extended in accordance with
applicable provisions of the Municipal Code.
2. Home Warranty - 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. 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:
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a. Provisions on the use and maintenance by the
owners' association, of private streets,
equestrian trails, other common areas, and
slopes.
b. A provision of the CC&Rs shall include a
section on the equestrian trail system that
defines the level of maintenance to be
performed, along with a condition that if the
maintenance of the trail does not meet the
minimum provisions of the Equestrian/Hiking
Trail Design Manual, the City may assume
maintenance and place a lien on each
individual lot for reimbursement, including
administrative costs.
C. The prohibition of radio or television
antennas projecting above any roof eaves
(pursuant to Section 9-3.609 of the Municipal
Code).
d. Provisions that would require prior City
approval of any amendments to said CC&Rs.
The CC&Rs shall be approved by the City Attorney
prior to approval of a final map.
4. 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. All trees and all other non -erosion -control
landscaping shall be installed immediately
after rough grade certification. Said
planting to be maintained by the developer
until such time as released to the
homeowners' association or individual
property owner.
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. 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.
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6 6 6. Private Streets - The following private streets
shall be designed and constructed in accordance
with Section 9-4.103 of the Municipal Code:
Golden Ridge Lane and Somerset Lane.
7. 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.
8. 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 or flatter.
Sanitary Sewers - 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. Developer
shall enter into an agreement to construct a
sanitary sewer system acceptable to the City
Engineer. Said agreement may, at the discretion
of the City Engineer, include an energy charge for
operation of the required lift station.
10. Eguestrian/Hiking Trails - Equestrian/hiking
trails shall be irrevocably offered for dedication
to the City as public use easements and shall be
dedicated and maintained by the homeowners'
association in conformance with the adopted
Equestrian/Hiking Trail Design Manual. Said
design standards shall be waived for the feeder
trial over Lot 1 as it regards the maximum slope
gradient. The trail gradient may be increased up
to, but not exceeding, 28 percent. Developer
shall enter into an agreement to construct the
trails, cause them to be surveyed, deeds prepared,
and the trails dedicated.
11. Other Improvements - Driveways, utility
undergrounding, street lights, and drainage
facilities shall be located and constructed in
accordance with Article 9-4.1 (Design Standards
and Requirements) of the Municipal Code and
adopted City policy.
12. 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.
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13. Fees - All required fees shall be
q paid prior to
approval of a final map.
14. Restriction of Future Subdivision - The CC&Rs
shall include a restriction prohibiting future
subdivision of Lots 1-37. The developer shall
execute an acknowledgement agreement with the
future buyer of Lot 38 that states that any
further subdivision of Lot 38 will require a zone
change and other discretionary approvals by the
City of San Juan Capistrano. Said agreement shall
also include a statement that the City is under no
obligation to approve a further subdivision of the
property. This acknowledgement agreement shall be
recorded with transfer of title. Said agreement
to be approved as to form by the Director of
Community Planning and Development and the City
Attorney.
15. Future Secondary Access - The applicant shall
provide a secondary access easement from Golden
Ridge Lane to the project boundary between Lots 21
and 37. Said width and design shall provide for a
minimum 28 -foot curb -to -curb street section, along
with additional width necessary for extension of
future utilities. Extension of this secondary
access to serve the adjacent property shall be
approved by the Planning Commission.
16. Cable Service - The developer shall be prohibited
from entering into exclusive agreements for cable
services. Cable service shall be determined by
the City in accordance with criteria established
by Title 7, Chapter 2 of the Municipal Code (Cable
Television Systems).
17. Construction Access - Construction equipment
access route to project shall be approved by the
Director of Community Planning and Development
prior to issuance of grading permits.
18. Arborculturalist - The landscape plan shall be
reviewed by an arborculturalist to evaluate the
survival and maintenance of trees and shrubs upon
maturity. A report shall be submitted to the
Director of Community Planning and Development
with findings and recommendations. The Director
may use that report to modify the approved
landscape plan.
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6 8 BE IT FURTHER RESOLVED that Resolution No. 84-8-21-5 is
V hereby rescinded.
PASSED, APPROVED AND ADOPTED this 6th day of
May , 1986
g'
KENNETH E. FRIESS, MAY R
ATTEST:
CITY CLElf
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. 86-5-6-5 , 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 ANN NOVER, CITY CLERK