Resolution Number 86-5-6-3RESOLUTION NO. 86-5-6-3 51
TENTATIVE PARCEL MAP 85-306
(ROSAN/KAISER DEVELOPMENT COMPANY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 85-306 (ROSAN/KAISER
DEVELOPMENT COMPANY)
WHEREAS, the applicant, Kaiser Development Company,
2121 Palomar Airport Road, Suite 201, Carlsbad, California, has
submitted Tentative Parcel Map 85-306, proposing to subdivide
approximately 17.32 acres of land into 5 commercial lots, located
on Assessor's Parcels Nos. 121-240-19, 121-240-24, and
121-240-25; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will have a significant
effect on the environment, has required the preparation of an
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
proposal 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:
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 are 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.
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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5 2 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 an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Parcel Map 85-306, 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 parking areas, private
drives, landscaping, other common areas, 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).
The CC&Rs shall be approved by the City Engineer
and Director of Community Planning and Development
prior to approval of a final map.
2. Grading Plan: A preliminary grading plan for the
project shall be approved by the Planning
Commission prior to approval of a final map.
3. Architecture: Architectural elevations shall be
approved by the Planning Commission prior to
issuance of a building permit.
4. Landscape and Wall Plans: Landscape, street tree,
and fence/wall plans shall be prepared and
implemented for the entire project. Preliminary
landscaping, street tree, and fence/wall plans
shall be approved by the Planning Commission prior
to issuance of building permit. Following such
plan approval, final working drawings shall be
approved by the Director of Community Planning and
Development.
5. Landscaping Insta
s follllation: Landscaping shall be
installed as lit,
(a) Erosion -control landscaping for all
manufactured slopes shall be installed
immediately after the certification of rough
grading by the City.
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(b) Street trees and all other non -erosion- 5
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 until all
landscaping has been installed and approved
by the Department of Community Planning and
Development.
6. 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 property
owners' association. The developer shall enter
into a license agreement with the City for
maintenance of landscaping within public
rights-of-way and medians adjacent to the project.
7. 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.
8. Public Streets: Camino Capistrano shall be
designed, constructed, and dedicated in accordance
with Section 9-4.103 of the Municipal Code.
9. Traffic Signal: Developer shall design and
install a traffic signal at the intersection of
Camino Capistrano and Avenida Aeropuerto in
accordance with Article 9-4.1 of the Municipal
Code and adopted City policy upon issuance of
first building permit.
10. 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 Building
Official prior to approval of any building
permits.
11. Fees: All required fees shall be paid prior to
approval of a final map.
12. Stonehill Drive: Developer shall dedicate
right-of-way for the Stonehill extension off -ramp
of the Interstate 5 Freeway as determined by the
California Department of Transportation, County of
Orange, and the City Engineer.
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54
13. Interim
Swu
The developer shall proviae interim roan
improvements to Camino Capistrano until the
Stonehill extension off -ramp has been completed,
at which time the developer shall be required to
install permanent improvements. Level of interim
improvements to be determined by City Engineer.
14. Pro -rata Share of Improvements: The developer
shall be required to contribute a pro -rata share
for permanent improvements to Camino Capistrano as
determined by the City Engineer.
PASSED, APPROVED AND ADOPTED this 6th day of
May 1986 .
KENNETH E. FRIESS, MAYOR
ATTEST:
CITY CLE
PK
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. 86-5-6-3 , 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, Hausdor£er,
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY ANNANOV CITY CLERK
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