Resolution Number 86-10-7-1395
RESOLUTION NO. 86-10-7-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 11587 AND RESCINDING RESOLUTION NO. 81-11-3-2
(AROSA/FORSTER CANYON PLANNED COMMUNITY)
(CAPISTRANO ASCOT)
WHEREAS, the applicant, Capistrano Ascot Development, Inc., 1715 Port
Ashley, Newport Beach, California, submitted Tentative Tract Map 11587, proposing to
subdivide approximately 9.8 acres of land into 32 residential lots, a park and professional
office parcel, located on Assessor's Parcel Nos. 675-081-3, 675-081-4, and 675-081-14;
and,
WHEREAS, the City's Environmental Review Board determined that the
proposed project would have a significant effect on the environment, 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 September 22, 1981, 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 November 3, 1981, 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 PC (Planned Community) 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 the
adopted Forster Canyon Planned Community 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;
6. The design or improvements of the proposed project will not conflict
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396 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; and,
WHEREAS, on November 3, 1981, the City Council adopted Resolution No.
81-11-3-2, conditionally approving Tentative Tract Map 11587; and,
WHEREAS, on December 14, 1982, and October 25, 1983, the Planning
Commission granted a one-year time extension in accordance with the Municipal Code;
and,
WHEREAS, the City Council, on July 3, 1984, amended the Municipal Code
regarding the granting of time extensions for subdivisions by requiring City Council
approval; and,
WHEREAS, on December 4, 1984, the City Council reaffirmed its findings and
granted an extension of time to November 3, 1985; and,
WHEREAS, the applicant, Capistrano Ascot Development, Inc., has requested
an extension of time for Tentative Tract 11587; and,
WHEREAS, the City Council conducted a duly advertised and noticed public
hearing on November 5, 1985; and,
WHEREAS, testimony at the noticed hearing brought forth concerns regarding
the possible presence of toxic substances and lack of closure certification for the Forster
Canyon Sanitary Landfill located on Tentative Tract 11648; and,
WHEREAS, the City Council has continued said public hearing in order to have
additional tests conducted at the site of the landfill and identification of applicable rules
and regulations that will apply to certification.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, after conducting a duly noticed public hearing, does hereby
reaffirm approval of Tentative Tract Map 11587, subject to the following conditions:
1. Tentative Tract Map Expiration - This approval shall expire on
November 3, 1986.
2. Home Warrant - 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
twelve-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:
(a) Provisions on the use and maintenance, by the homeowners'
association, of recreation areas, other common areas, and slopes.
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(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 Attorney prior to issuance of
permits.
4. Grading Plan - A final grading plan for the project shall be approved by
the Director of Community Planning and Development prior to issuance
of permits.
5. Architecture - Final working drawings shall be approved by the Director
of Community Planning and Development prior to issuance of permits.
6. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Final
landscaping, street tree, and fence/wall plans shall be approved by the
Director of Community Planning and Development after review of a
report prepared by an arborculturalist on the long-term health of
proposed plant material.
7. 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 phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
S. 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.
9. Street Names - Street names shall be approved by the Director of
Community Planning and Development prior to approval of a final map.
10. 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.
11. Public Streets - The following public streets shall be designed,
constructed, and dedicated in accordance with Section 9-4.103 of the
Municipal Code:
(a) Valle Road, from its intersection with Camino Las Ramblas to the
tract boundary in accordance with the provisions of the Forster
Canyon Comprehensive Development Plans and Municipal Code.
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398 12. Private Streets - The private streets shall be designed and constructed in
accordance with Section 9-4.103 of the Municipal Code. In addition, a
turf block emergency access drive shall be designed and constructed
from the cul-de-sac terminus to Via de Agua.
13. Construction Impact Program - The following impact program shall be
implemented in conjunction with Tentative Tract 11587:
(a) All construction traffic shall enter the project from Camino Las
Ramblas at its intersection with the future Valle Road extension.
Construction traffic shall be prohibited on Via de Agua.
(b) Grading operations shall be designed to start adjacent to existing
residential units and progress westerly towards the Valle Road
alignment.
(c) A fence -controlled pedestrian walkway (temporary) shall be
designed and implemented adjacent to Via de Agua and Camino Las
Ramblas prior to the initiation of any construction activity.
14. Park Site - The applicant shall dedicate and improve the 4.5 -acre park
site in accordance with the approved concept development plan. Initial
improvements shall consist of turf and trees. Hardscape facilities,
excluding the tennis courts and volleyball area, shall be constructed
during the construction period for the dwelling units allocated to Phase II
in the Forster Canyon Planned Community. Final hardscape
improvements, consisting of the two tennis courts and volleyball area,
shall be constructed during the construction period for the dwelling units
allocated to Phase III. The applicant shall receive credit for
improvements to the "Las Ramblas" park site for in -lieu Park and
Recreation fees. An agreement which defines the phasing and amount of
improvements shall be reviewed as to form by the City Attorney and
Director of Community Planning and Development. Said agreement to
be executed with the final map.
15. Traffic Signal - The applicant shall enter into an agreement to
participate in the installation of a traffic signal at the intersection of
Camino Las Ramblas and Valle Road.
16. 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.
17. 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.
18. 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.
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19. 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 rviewed and
approved by the City Engineer prior to approval of a final map.
20. Fees - All required fees shall be paid prior to approval of a final map.
21. Housing Opportunities Program - A Housing Opportunities Program
developed consistent with the provisions of the Comprehensive
Development Plan for the Forster Canyon Planned Community shall be
approved by the Planning Commission prior to approval of the final map.
22. Garage Door Openers - Automatic garage door openers shall be installed
for all garage units.
23. Occupancy Permit - Occupancy permits for the residential units shall not
be issued until grading and landscaping of the adjacent slope on the
abutting Window Hill property are completed.
PASSED, APPROVED, AND ADOPTED this 7th day
of October ,1986.
KENNETH E. FRIESS, MAYOR
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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. 86-10-7-1 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of October , 1986, by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer
and Mayor Friess
NOES: None
ABSENT: None
(SEAL)
WARY ANN �VER, ITY LERK