Resolution Number 82-3-16-5RESOLUTION NO. 82-3-16-5 73
APPROVING TENTATIVE PARCEL MAP 82-851 (MCCOLLUM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 82-851 (McCOLLUM)
WHEREAS, the applicant, Charles G. and Virginia S.
McCollum, P.O. Box 517, San Juan Capistrano, California, has
submitted Tentative Tract Map 82-851, proposing to subdivide
approximately 1.593 acres of land into two residential lots of
29,420 square feet and 37,600 square feet, respectively, located
on Assessor's Parcel No. 124-110-53; 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 82-851 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
General Plan Amendment 78-1 and is 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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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
Parcel Map 82-851 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 of the
existing private street.
(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.
2. Grading Plan: A preliminary grading plan for
Parcel 2 shall be approved by the Environmental
Review Board prior to approval of a final map. If
the plan is found to be inconsistent with said
approvals, the plan shall be referred to the
Planning Commission.
3. Equestrian Trail: The applicant shall dedicate a
10 -foot -wide equestrian trail as per the Equestrian
Commission recommendation.
4. Architecture: Parcel 2 shall be designed in
accordance with the Hillside Development Guidelines.
5. Assessment District: The applicant shall agree
not to protest the formation of Assessment District
80-2 for sewer facility hookups for both the
existing residence on Parcel 1 and the proposed -
residence on Parcel 2.
6. 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 Orange
County Water Works District No. 4. Such
distribution facilities and appurtenances shall be
approved by the County Fire Marshal.
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7. 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.
8. 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.
9. 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.
10. Fees: All required fees shall be paid prior to
approval of a final map.
PASSED, APPROVED AND ADOPTED this 16th day of
March 1 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland
Buchheim, and Mayor Schwartze
NOES: None
ABSENT: None
PHILLIP X. SCHWARTZE, MIVOR
ATTEST:
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. 82-3-16-5 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 16th day of
March 1 1982
76
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
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. 79-2-21-7 and on the 17th day of March 1982
she caused to be posted:
RESOLUTION NO. 82-3-16-5
being: APPROVING TENTATIVE PARCEL MAP 82-851 (McCOLLUM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 82-851 (MCCOLLUM)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
CHECK LIST Ya_3✓6-S
ORD. NO_------- - RES. NO.. ........
.
...... ....Mayor has signed
___.... Clerk has signed
City Seal stamped
............. All blanks typed in
..Noe"Absent" ................. ....--------- .................--
"Noes ..
s" .............................. -- -----
._...._.... Typed in Official Record Book
-------------- Posted to Classified Cards
------------- Copies sent to..ylJ.ASfl3�i:..�.. tr..........
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.....___... Legal Publication ordered to be published
(date) -------------------------- -----------------------------------
No. Affidavits .---------------------------------------
No. Printed copies required ....-7 ..................
Remarks .........
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MARY ANN HANOVE , City Clerk
San Juan Capistrano, California