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Resolution Number 84-11-20-5RESOLUTION NO. 84-11-20-5" TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) WHEREAS, the applicant, Horsten Associates, c/o 27405 Puerta Real, #300, Mission Viejo, California, has submitted Tentative Tract Map 12257, proposing to subdivide approximately 14.2± acres of land into 15 lots, located on Assessor's Parcel No. 650-161-01; 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 tract 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, as conditioned, and its design and improvements are consistent with the 5.0 Public Institutional 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 is consistent with the approved concept plans referenced by Specific Development Plan (SDP) 81-2. 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. -1- 1 4 0 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. - NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract Map 12257, subject to the following conditions: 1. 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 property owners 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. 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 for Specific Development Plan 81-2. No final building inspection shall be conducted for any unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community _ Planning and Development. 3. 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. -2- 4. Public Street: The following public street shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: a. Rancho Viejo Road Channelization and frontage improvements shall be constructed along Rancho Viejo Road as approved by the City Engineer. The tentative map shall demonstrate a 47 -foot minimum right-of-way of which a minimum of 15 feet shall be reserved for a bikeway and planter area. 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. 6. 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. 7. 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. 8. 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. 9. Fees - All required fees shall be paid prior to approval of a final map. 10. Equestrian Trail - The equestrian trail shall be irrevocably offered for dedication on the final map. 11. Open Space Lots - Lots A, B, C and D are open space lots, and the use of the lots shall conform to Specific Development Plan 81-2. All open space lots shall be owned by the property owners' association. The property owners' association shall be established within ninety (90) days after recordation of the final map. -3- 142 12. Open Space Lot Maintenance and Use - The CC&Rs prepared for the project will indicate the use and maintenance of the lettered lots in conformance with the provisions of Specific Development Plan 81-2. PASSED, APPROVED AND ADOPTED this 20th day of November , 1984 , by the following vote, to wit: AYES: Councilmen Friess, Buchheim, and Mayor Hausdorfer NOES: None ABSENT: Councilmen Bland and Schwartze 64j/ Y AU ORFER, MAYOR ATTEST: C�ITY CLERK 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.84-11-20-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of November 1 1984 . C (SEAL) I RY ANN H OVER, CITY CLERRY, -4- i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) AFFIDAVIT OF POSTING 143 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 21st day of November 1984 , she caused to be posted: RESOLUTION NO. 84-11-20-5 being: TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12257 (HEALTHPARK ASSOCIATES) 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 NOVER, CITY CLERK San Juan apistrano, California