Resolution Number 84-12-4-8RESOLUTION NO. 84-12-4-8
TENTATIVE TRACT MAP 12276
(WLBD - SAN JUAN CAPISTRANO ASSOCIATES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 12276 (WLBD - SAN JUAN
CAPISTRANO ASSOCIATES)
WHEREAS, the applicant, WLBD - San Juan Capistrano
Associates, 19 Corporate Plaza, Newport Beach, California, has
submitted Tentative Tract Map 12276, proposing to subdivide
approximately 19.16 acres of land into 15 residential lots,
located on Assessor's Parcel No. 675-081-15; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, an environmental impact report has
been prepared, 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 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
1.6 High 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) and is consistent
with the approved residential concept plan.
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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1 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 12276, subject to the following conditions:
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 twelve-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. Develo ment Plans - The property shall be
developed in accordance with Specific Development
Plan (SDP) 84-1.
4. Street Names - Street names shall be approved by
the Director of Community Planning and Development
prior to approval of a final map.
5. 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.
6. Public Street - The following public street shall
be designed, constructed, and dedicated in
accordance with Section 9-4.103 of the Municipal
Code:
a. Via California - Said improvements shall be
from Camino Las Ramblas north to the
emergency exit.
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7. Private Street: The following private street
shall be designed and constructed in accordance
with Section 9-4.103 of the Municipal Code:
a. Street "B"
8. 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.
9. Slopes: All (new) 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.
10. 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.
11. 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.
12. Fees: All required fees shall be paid prior to
approval of a final map.
13. Ownership of Property - The property owner must
retain all lots under one (1) ownership for twelve
(12) years from the date that the bonds are
financed. The property owner shall enter into an
agreement with the San Juan Capistrano Community
Redevelopment Agency to ensure that units are not
converted to condominiums prior to the 12 -year
limitation date.
PASSED, APPROVED AND ADOPTED this 4th day of
December 1984 .
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ATTEST:
-elITY CLE
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180
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. 84-12-4-8, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
December , 1984, by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)—
MARY N ANOVE , CITY CLERK
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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
181
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 6th day of December . 1984
she caused to be posted:
RESOLUTION NO. 84-12-4-8
being: TENTATIVE TRACT MAP 12276
(WLBD - SAN JUAN CAPISTRANO ASSOCIATES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 12276 (WLBD - SAN JUAN
CAPISTRANO 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.
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-7 AP -s--
-LERK
MARY
ANN
CITY
TY C
San
Juan
Capistrano,
California
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