Resolution Number 85-11-5-4285
RESOLUTION NO. 85-11-5-4
TENTATIVE PARCEL MAP 85-328 (GRESHAM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 85-328 (GRESHAM)
WHEREAS, the applicant, Martha Gresham, 27182 Ortega
Highway, San Juan Capistrano, California, has submitted Tentative
Parcel Map 85-328, proposing to subdivide approximately 1.8 acres
of land into two parcels located on Assessor's Parcel No.
666-241-03; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has accordingly issued a Negative
Declaration for the project, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the
tentative parcel map 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:
1. The proposed project and its design and
improvements, as conditioned, are consistent with
the Planned Community (PC) 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 Comprehensive
Development Plan 78-1 and Title 9 of the City's
Municipal Code (Land Use) and is consistent with
the approved development concept plans for
Architectural Control 84-11.
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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86 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 the Forster Mansion, 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 85-328, subject to the following conditions:
1. Development Approvals - Development of the subject
property shall be in accordance with the plans and
applicable conditions of approval for
Architectural Control 84-11 with an added
provision that all exterior lighting shall be
either mercury vapor or metal halide.
2. Access -
(a) The main access drive on Ortega Highway shall
be a minimum width of 30 feet.
(b) Vehicular access rights to Ortega Highway
shall be released and relinquished to the
City.
(c) The applicant shall grant reciprocal
vehicular and pedestrian access easements
with the adjacent property owner(s)
(Assessor's Parcels Nos. 666-241-05,
666-241-04, 666-241-01, 666-241-02) for
corresponding access upon ultimate
development of said property.
(d) The applicant shall grant reciprocal
vehicular and pedestrian access from the main
entry off Ortega Highway and across Parcel 2
to Parcel 1.
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.
4. 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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5. Ortega Highway Improvements - The applicant shall
construct a right -turn deceleration lane for the
project entry with radius curb returns. Said plan
to be approved by the City Engineer.
6. Other Improvements - Driveways, pedestrian ways,
utility undergrounding, drainage facilities, and
sanitary sewers shall be located and constructed
in accordance with Article 9-4.1 (Design Standards
and Requirements) and the Scenic Corridor (SC)
District Section 9-3.509.
7. 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 issuance of a grading permit.
8. Fees - All required fees shall be paid prior to
issuance of any building permits.
9. Conditional Use Permit - In accordance with the
condition of the approved Conditional Use Permit
84-8, the applicant shall prepare a joint parking
agreement for execution between the City and
applicant establishing use restrictions and hours
of operation for the retail and restaurant uses as
it regards the assignment of parking spaces. Said
agreement to be approved as to content and form by
the City Attorney and recorded prior to issuance
of any permits for Architectural Control 84-11.
10. Grading - The grading plan for the site shall be
modified to show a minimum 5 percent cross -slope
in an east -west direction and a corresponding 3
percent cross -slope in the north -south axis.
PASSED, APPROVED AND ADOPTED this 5th day of
November , 1985 .
PHILLIP R.'SCHWARTZE, MAYOR
ATTEST:
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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. 85-11-5-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
November 1 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
(SEAL)
MARY ANN Al OV R, CITY CLERK
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289
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
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 of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 7th day of November 1985
she caused to be posted:
RESOLUTION NO. 85-11-5-4
being: TENTATIVE PARCEL MAP 85-328 (GRESHAM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 85-328 (GRESHAM)
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.
MARY ANN OVY CLERK
San Juan Capistrano, California
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