Resolution Number 85-6-4-237
RESOLUTION NO. 85-6-4-2
APPROVAL OF TENTATIVE TRACT MAP 10134
(DIFFLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 10134 AND RESCINDING
RESOLUTION NO. 82-6-1-2 (DIFFLEY)
WHEREAS, the applicant, James W. Diffley, 216 West
Menomonee, Chicago, Illinois, has submitted Tentative Tract Map
10134 proposing to subdivide approximately 34.62± acres of land
into 12 residential lots, located on Assessor's Parcel No.
124-223-37; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has issued a Negative Declaration,
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 on April 13,
1982, forwarded the tentative tract to the City Council
recommending approval subject to conditions; and,
WHEREAS, a public hearing was duly advertised and held
by the City Council on July 1, 1982, 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
1.1 (Very Low Density) and 2.0 (General Open
Space) 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);
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 an historical site; and,
WHEREAS, on June 1, 1982, the City Council adopted
Resolution No. 82-6-1-2, conditionally approving Tentative Tract
Map 10134; 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 10134, subject to the following
conditions, including added Condition No. 23, as follows:
1. 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.
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) Provisions on the use and maintenance, by the
homeowners' association, of private streets,
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 Attorney
prior to approval of a final map.
3. Grading Plan: Final grading plans for the project
consistent with the approved concept plan shall be
approved by the Director of Community Planning and
Development prior to approval of a final map.
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4. Landsca a 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 obtain Planning Commission approval prior to
approval of a final map. Final working drawings
shall be approved by the Director of Community
Planning and Development prior to issuance of
grading permits.
5. 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 until all landscaping has been
installed and approved by the Department of
Community Planning and Development.
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.
7. Street Names: Street names shall be approved by
the Director of Community Planning and Development
prior to approval of a final map.
8. Vehicular Access Rights: Vehicular access rights
to San Juan Creek Road shall be released and
relinquished to the City except at street
intersections.
9. Public Streets: San Juan Creek Road shall be
designed, constructed, and dedicated in accordance
with Section 9-4.103 of the Municipal Code.
10. Precise Alignment for San Juan Creek Road: The
applicant snail participate in the precise
alignment for San Juan Creek Road. Said alignment
to be adopted and reflected on the final map prior
to consideration of the map by the City Council
for recordation.
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11. Private Street: Street A (private street) shall
be designed and constructed in accordance with
Section 9-4.103 of the Municipal Code.
12. Fire Protection: The following conditions shall
be met in order to provide adequate fire
protection facilities:
a. Prior to recordation of the map, water
improvement plans shall be approved by the
Fire Marshal for fire protection, and
financial security posted for the
installation of same. The adequacy and
reliability of the water system design,
location of valves, and distribution of fire
hydrants will be evaluated in accordance with
Insurance Services Office suggested standards
contained in the "Grading Schedule for
Municipal Fire Protection."
b. Prior to the completion of an application for
building permits for combustible
construction, evidence that a water supply
for fire protection is available shall be
submitted to the County Fire Marshal.
C. Provide minimum 35 -foot radius for cul-de-sac
turnaround.
13. Equestrian/Hiking Trails: General Plan and feeder
equestrian/hiking trails shall be located and
constructed in accordance with Article 9-4.1
(Design Standards and Requirements) of the
Municipal Code and adopted City policy.
14. Development Constraints Map: CC&Rs shall include
provisions for restricting the location and design
of future residential units as follows:
a. All residential units shall be designed in
conformance with the adopted "Hillside
Development Guidelines for Custom Homes."
b. Building placement shall be restricted to the
specific areas shown on the development
constraints map. _
15. 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
Capistrano Valley Water District. Such
distribution facilities and appurtenances shall be
approved by the County Fire Marshal.
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16. Slopes: All manufactured slopes shall be designees
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.
17. 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.
18. 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.
19. Fees: All required fees shall be paid prior to
approval of a final map.
20. Drainage Device: A concrete swale shall be
installed at the easterly property line of the
tract in the vicinity of Lots 7 and 8 in order to
redirect surface runoff to the private street
easement in Hidden Valley. The aesthetic design
of the drainage device shall be approved by the
Director of Community Planning and Development
prior to final map recordation.
21. Assessment District: If an assessment district is
not formed for the extension of San Juan Creek
Road prior to approval of the final map, San Juan
Creek Road shall be designed, constructed, and
dedicated in accordance with Condition No. 9.
However, if an assessment district is formed, the
applicant shall:
Not protest formation of an assessment
district for San Juan Creek Road; and,
b. The assessment district may include sewer as
well as street improvements.
22. Density Transfer: Under this approval, the
applicant shall record a document approved by the
City Attorney as to format establishing this tract
map, together with the density transfer of up to
nine units to Lot 70, Tract 9786, as the maximum
development potential of the property.
Furthermore, in consideration of this proposal, a
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ATTEST:
deed restriction shall be placed upon Lots 8 and 9
which would prohibit any further subdivision. In
addition, an open space easement shall be applied
over Lots 8 and 9, exclusive of that area shown on
the development constraints map that would allow
one single-family residence. Said easement shall
provide for the location of normal accessory uses
incidental to the permitted single-family use.
However, in no instance shall additional habitable
dwelling units be permitted within said easement.
23. Right of Access (Interim Street Improvements):
The applicant shall grant an access easement to
the City of San Juan Capistrano over the existing
road easement located within the future
right-of-way for San Juan Creek Road. The purpose
of this right of access is for interim street
improvements. The approval of this tentative
tract map shall be considered null and void if
said access rights are not granted within 60 days
of the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of
1985
PHILLIP R. SCHWARTZE, MAYOR
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ss.
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. 85-6-4-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
June , 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL) (2 /,�
ARY ANN I OV� Y RKO
f'fl
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 6th day of June
she caused to be posted:
RESOLUTION NO. 85-6-4-2
being: APPROVAL OF TENTATIVE TRACT MAP 10134
(DIFFLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 10134 AND RESCINDING
RESOLUTION NO. 82-6-1-2 (DIFFLEY)
of
WNW
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
CHECK LIST
ORD. NO.--_ ..... R�-
.... .„/.... Mayor has signed
......✓.... Clerk has signed
_.... City Seal stamped
.......r All blanks typed in
..Absent' . ---------
"Noes .. ........... .... �..... ----- --- ------------------
-------------- Typed in Official Record Book
........... Posted to Classified C ds
............. Copies sent to at 3J.; f4ilC._3LL.!.j...
r.,.CP D.;...! 667.10) ...........
............. Legal Publication ordered to be published
(date) ------------------------ - - ---- -------- ------
No. Affidavits ...-.....------ :---.--.
-----.. ..
No. Printed copies required ....... L. ..............
Remarks------------------------------ ------------- ..-------- ---------- ...........
F:),
.....................................................
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MARY A NOVER, CITY C E
San Juan Capistrano, California