Resolution Number 85-12-17-4RESOLUTION NO. 85-12-17-4 361
APPROVAL OF TENTATIVE
DING RESOLUTION NO. 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING
APPROVAL OF TENTATIVE PARCEL MAP 81-856 AND
RESCINDING RESOLUTION NO. 84-8-7-2 (KEELS)
WHEREAS, the applicant, William L. Keele, 103 South
Broadway, Suite 201, Edmond, Oklahoma, 73034, has submitted
Tentative Parcel Map 81-856, proposing to subdivide approximately
10.47 acres of land into four lots, located on Assessor's Parcel
No. 124-671-03; 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 on July 10, 1984,
forwarded the parcel map to the City Council recommending
approval; and,
WHEREAS, a public hearing was duly advertised and held
by the City Council on August 7, 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:
1. The proposed project, as conditioned, and its
design and improvements are consistent with the
1.1 (Low Density Residential) 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);
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 August 7, 1984, the City Council adopted
Resolution No. 84-8-7-2, conditionally approving Tentative Parcel
Map 81-856; and,
WHEREAS, the applicant has requested reconsideration on
Condition No. 7 of City Council Resolution No. 84-8-7-2; and,
WHEREAS, the City Council at its meeting of
December 17, 1985, considered the request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby reaffirm approval
of Tentative Parcel Map 81-856, including the above findings,
subject to the following conditions which include revised
Condition No. 7:
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 recreation areas,
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 - A preliminary grading plan for the
project shall be approved by the Environmental
Review Board.
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4. Landsca e and Wall Plans - Landscape, street tree, 3
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 Director of Community
Planning and Development. Special attention shall
be given to the landscape treatment in the area
between the private road easement and the future
extension of San Juan Creek Road in such a manner
as to maintain the rural character of the area.
5. 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.
6. Private Road Easement - Subsequent development of
the property shall in no way obstruct or prohibit
use of the private road easement.
Private Road Easement Improvements - The applicant
shall complete paving improvements to the existing
private road easement of San Juan Creek Road from
Paseo Christina to the present terminus of the
public improvements for San Juan Creek Road. A
reimbursement agreement shall be executed which
will require future subdividers who receive
benefit from said street improvements to reimburse
the applicant for their pro -rata share of said
improvements. In -lieu of the reimbursement
agreement, the applicant shall have the option of
entering into a cost-sharing agreement with the
Hidden Valley Association. In addition, the
applicant shall dedicate and improve the
equestrian trail. Said private road improvements
both on and off-site shall be completed and
approved by the City prior to issuance of any
building permits created by this subdivision.
8. Lot A - Development rights for Lot A shall be
dedicated to the City in accordance with the
C. Russell Cook Park Master Plan. The area shall
remain in a natural open space condition with no
structures or alterations permitted. An exception
shall be that the developer may utilize a maximum
of one-third of the property area of Lot A closest
to the future secondary road alignment for pasture
or grazing area. only perimeter fencing shall be
permitted to enclose this area.
4. Street Names - Street names shall be approved by
the Director of Community Planning and Development
prior to approval of a final map.
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3 64: 10. Vehicular Access Rights - Vehicular access rights
to San Juan Creek Road shall be released and
relinquished to the City except at street
intersections.
11. Public Streets
(a) Adopted Alignment "A" shall be dedicated to
the City without further consideration.
(b) The applicant shall enter into an agreement
for their pro rata share to participate in the
design and construction of San Juan Creek
Road and related improvements including flood
control, driveways, pedestrian ways,
bikeways, equestrian trails, equestrian
crossings, utility undergrounding, street
lights, traffic signals, drainage facilities,
and sanitary sewers, which shall be located
and constructed in accordance with Article
9-4.1 (Design Standards and Requirements) of
the Municipal Code and adopted City policy.
Said design shall be consistent with the
Precise Alignment, Alternate "A," adopted for
San Juan Creek Road.
12. 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.
13. Slopes - All manufactured slopes shall be designed
and constructed in accordance with Section 9-3.505
and 9-4.112 of the Municipal Code. All such
slopes shall be 2:1 ratio or flatter.
14. 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 a final map.
15. Fees - All required fees shall be paid prior to
approval of a final map.
16. Minimum Frontage - The minimum street frontage for
parcels 2 and 3 shall be adjusted to provide a
minimum dimension of 150 feet.
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365
BE IT FURTHER RESOLVED, that Resolution No. 84-8-7-2 is
hereby rescinded.
PASSED, APPROVED AND ADOPTED this 77th day of
December , 1985
PHILLW R. SCHWARTZ , MAYOR
ATTEST:
222
I` Y CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO 1
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. 85-12-17-4, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
December 1 1985 , by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer
(SEAL)
MARY ANN VER, CITY CLERK
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3 66
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 19th day of December r 1985
she caused to be posted:
RESOLUTION NO. 85-12-17-4
being: REAFFIRMING APPROVAL OF TENTATIVE PARCEL MAP 81-856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING
APPROVAL OF TENTATIVE PARCEL MAP 81-856 AND
RESCINDING RESOLUTION NO. 84-8-7-2 (KEELS)
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.
0�6N N ER, CITY CLERK
San Juan Capistrano, California
CHECK LIST
ORD. NO-- — RES. NO24-102-17'
...........Mayor has signed
.........,..... Clerk has signed
.._._.., City Seal stamped
All blanks typed in �1
"Absent.. ...... -../1..._..._..........__..........
.Noes" ------...--- I&I -------------------------------
..........Typed in Official Record Book
.............. Posted to Classified Ca d
_ P s
.._------- Copies sent to.,�(IQS:f...
D
.............. Legal Publication ordered to be published
(date) ......_---....-- .............-........._.._......._.. -
No. Affidavits ------- .---- —.......... _....... ..._._--------
No. Printed copies required .........._._.......
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Remarks ... ..........
........... KLc,..
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