Resolution Number 84-10-2-1RESOLUTION NO. 84-10-2-1 81
OF
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
APPEAL OF SECURITY FEDERAL SAVINGS REGARDING
REQUEST FOR CERTIFICATE OF OCCUPANCY
WHEREAS, Security Federal Savings has appealed a staff
decision of the Director of Community Planning and Development
Department to deny Security Federal Savings its request for the
issuance of Certificates of Occupancy for seven (7) homes located
within a certain subdivision tract herein after referred to as
Goeden Tract 11094; and,
WHEREAS, the City Council conducted a hearing on
September 18, 1984, in consideration of Security Federal
Savings' appeal pursuant to San Juan Capistrano Municipal Code
Section 9-2.316; and,
WHEREAS, Security Federal Savings submitted a letter
dated August 22, 1984, in support of its appeal; and,
WHEREAS, the Community Planning and Development
Department has submitted its findings and conclusions dated
September 18, 1984, in support of its denial of the request for
issuance of Certificates of Occupancy.
NOW, THEREFORE, the City Council of the City of San
Juan Capistrano hereby finds and concludes as follows:
1. The decision of the Director of Community Planning
and Development of the City of San Juan Capistrano
to deny the issuance of Certificates of Occupancy
for seven (7) model homes within Goeden Tract
11094 is hereby upheld.
2. The City Council reaches this conclusion based
upon the following findings:
a. The seven (7) model homes are located within
subdivision Tract 11094 which is subject to a
number of subdivision map conditions.
b. A number of conditions affecting the entire
subdivision including the seven (7) lots
owned by Security Federal Savings have not
been met. Municipal Code Section 9-1.204(b)
requires before a Certificate of Occupancy can
be issued allowing occupation of a structure,
all provisions of the Municipal Code shall
have been complied with.
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C. The following subdivision map conditions have
not been satisfied:
i. Conditions, covenants and restrictions
for the entire subdivision, including
the seven (7) lots have not been filed
and implemented, to wit:
The common areas or structures have not
been completed nor has a homeowners
association been formed to assure
maintenance of the common areas;
Common area landscaping must be restored
and maintained;
Recreation center facilities must be
restored and maintained;
Irrigation systems must be repaired
and/or completed and maintained.
ii. Street improvements on Highland Drive
between Rancho Viejo Road, to the entry
of the clubhouse, Arroyo Drive, Rancho
Viejo Road adjacent to the subject seven
(7) lots, and the northside of Highland
for one hundred feet (1001) are not
completed.
iii. Undergrounding utilities along Rancho
Viejo Road has not been completed.
3. other Municipal Code deficiencies are found to
exist, including:
a. A homeowner warrant requirement has not be
satisfied.
b. None of the seven (7) homes have received
final inspection.
C. Hazardous conditions exist which consist of
current parking lot area to be deteriorated
and which should be removed. A suitable
restoration plan for these lots must be
approved and implemented; street lighting
must be completed and energized; suitable
screening for construction ar eas to prevent
interference with residential areas must be
developed and implemented.
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4. Based upon the foregoing evidence, the City
Council finds that the request for Certificates of
Occupancy were correctly refused to Security
Federal Savings on the basis that the seven (7)
subject lots were part of subdivision Tract 11094,
which said subdivision is not in compliance with
the applicable subdivision map and Municipal Code
requirements. Until such time as these
requirements have been satisfied, Certificates of
Occupancy should not be issued.
5. City Council further finds that the staff report
dated September 18, 1984, is incorporated herein
by reference in support of the Council's
conclusion, and is attached as Exhibit "A" to this
Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of
October 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
/L _l _I z _ _.i
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. 84-10-2-1 , adopted by
the City Council of the City of San Juan — Capi� strano, California,
at a regular meeting thereof held on the 2nd day of
October , 1984 .
.
(SEAL) oJi4eMARY ANW dH VER, CITY C ER
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84
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 4th day of October 1984 ,
she caused to be posted:
RESOLUTION NO. 84-10-2-1
being: DENYING APPEAL OF SECURITY FEDERAL SAVINGS
REGARDING REQUEST FOR CERTIFICATE OF OCCUPANCY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
APPEAL OF SECURITY FEDERAL SAVINGS REGARDING
REQUEST FOR CERTIFICATE OF OCCUPANCY
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 HANOVER, CITY CLERK
CHECK LIST 8.y_jv-JL San Juan Capistrano, California
ORD. NO .... RES, NO..._.......
Mayor has signed
.... Clerk has signed j
v/. City Sea] stamped
All blanks typed in
"Absent..
"Noes" ....... ..... ----- ---
.............. Typed in Official Record Book
........ Posted to Class' ied Cards
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--- -- Copies sent to.J6�-L3}'..Ft.h._..lJrt--...
......... Legal Publication ordered to be published
(date) ...----------- -.......---- ----- ----._..._.
No. Affidavits-------- - ............. -------
No. Printed copies required .......... - .......-----
Remarks ------.....
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........................................ ........................... ..�lp ... ........
Q'C
AGENDA ITEM
September 18, 1984
T0: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
SUBJECT: Request for Certificates of Occupancy for Seven.
Model Homes, Goeden Tract 11094 (Security Federal Savings)
SITUATION
A. Applicant/Owner
American Federal Savings and Loan of Iowa (Owner)
Security Federal Savings (Applicant)
12221 Brookhurst St
P.O. Box 3140
Garden Grove, CA 92642
B. Background - A letter dated August 13, 1984, was received by
City Staff from the Applicant stating that the Owner had
purchased the seven Model Homes of Goeden Tract 11094, and
requested a meeting with City Staff to discuss necessary work
to be completed prior to issuance of "Certificate of Use and
Occupancy" for the seven homes. On August 13, I984, the
requested meeting was held, attended by representatives of
the Applicant and the City Departments of Public Works and
Community Planning and Development. At that meeting the
Applicant was informed of City requirements for completion
of off-site and on-site improvements, before any occupancies
could be granted. The Applicant indicated his desire to
appeal to the City Council for relief from the City's
improvement requirements, and he was advised by Staff of
the procedure.
On August 22, 1984, the City Clerk received a letter requesting
that time be scheduled for him to address the City Council to
discuss the granting of "Certificates of Occupancy" for the
seven homes on Lots 3 through 9 of Tract 11094 (Goeden)
(see attached letters). Staff considers this letter to
represent a formal appeal of the Department of Community
Planning and Development's refusal to issue the Certificates
of Use and Occupancy for the referenced lots (Section
9-2.316 (Appeals) of the Municipal Code).
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FOR CITY COUNCIL AGENDA
Inc x ?C�-- T � b
EXHIBIT "A" page 1 oY 4
86
Agenda Item -2- September 18, 1984
C. Staff Findings - Staff finds that "Certificates of Use and
Occupancy" cannot be issued at this time in that the San Juan
Capistrano Municipal Code requires that all applicable Code
requirements and conditions of approval be met prior to
such issuance, and that these requirements and conditions
have not been met; and further that the subject houses are
located in a construction area, furthermore the surrounding
area is now both hazardous and blighted. In order to protect
the health, safety and welfare of potential inhabitants of
these houses, additional actions are required prior to
issuance of any Certificates of Occupancy and these areas
are identified below.
1. Code Deficiencies
a. Home Owner Warranty requirements have not been
satisfied (SJCMC 8--6.03).
b. None of the seven houses has received final inspection.
(SJCMC 8-2.06). Additionally, the sales office must be
converted to a garage, a driveway must be installed and
other modifications must be made to bring the buildings
into Code conformance.
C. Conditions imposed at time of approval of the tentative
tract map(s) have not been met. (SJCMC 9-2.304(j)).
(1) CC&R's filed with the final tract maps required
a means of establishing and maintaining common
areas and structures. At this time, neither the
common areas or structures have been completed nor
has a Home Owner's Association been implemented
to assure maintenance of these areas and structures
(#6).
(a) Common area landscaping must be restored and
maintained.
(b) Recreation center facilities must be restored
or completed and maintained.
(c) Irrigation systems must be repaired and/or
completed and maintained.
(2) Required street improvements for Royal Drive,
Rancho Viejo Road and Highland Drive have not
been completed nor accepted by the City
(1116, 1117).
(3) Undergrounding of utilities along Rancho Viejo
Road has not been completed (1120).
EXHIBIT "A" page 2 of 4
Agenda Item -3- September 18, 1984
2. Other Hazardous or Blighted Conditions Requiring Correction
a. Current parking lot area is deteriorated and must be
removed; a suitable restoration plan for these lots
must be approved and implemented.
b. Street lighting must be completed and energized.
C. Suitable screening for construction areas to prevent
interference with residential areas must be developed
and implemented.
In summary, the correction of some of these items may involve
other parties in addition to the applicant. City action may be
required to enforce Code requirements. However, as noted above,
the number and significance of the noted deficiencies are such
that Staff believes that future residents should not be exposed
to such conditions prior to corrective actions being completed.
COMMISSION/BOARD REVIEW RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
None, except Staff time required to aid in effecting resolution
of deficiencies.
ALTERNATE ACTIONS
1. Deny the Applicant's request and reaffirm Community Planning
and Development's determination that the items listed above
must be corrected prior to issuance of any "Certificate of
Occupancy", and direct that a resolution be brought back to
Council for adoption, making findings in support of
Staff finding.
2. Approve the Applicant's request subject to modification.
3. Approve the Applicant's request.
4. Give direction to Staff as appropriate.
EXHIBIT "A" page 3 of 4
Agenda Item
RECOMMENDATION
-4- September 18, 1984
By motion, deny the Applicant's request and reaffirm the Department
of Community Planning and Development's determination that the
items listed above must be corrected prior to issuance of any
"Certificate of Use and Occupancy", and direct that a resolution
be brought back to council for adoption, making findings in
support of Staff finding.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning & Development
TGM:NSC:ms
Attachments
EXHIBIT "A" page 4 of 4